Sunday, September 1, 2024

Australia Begin Cancelling All Visas? New Legislation Passed

 The government continues to deny and revoke permits based on character concerns. Our first year of government has seen no changes to Section 51. New laws have almost increased the total number of those removed from immigration detention. Individuals who intended to commit crimes upon arriving in Australia have been arrested, and their visas have been revoked by the Australian government. A person whose visa was renewed now finds himself accused of murder in Brisbane. Prior to meeting the police, CCTV footage shows him throwing a bag full of meth onto the rooftop. Immigration Minister Andrew Giles later revoked his visa and ordered an immediate review of many others.

Anthony Albanese, prime minister, confirmed that a fresh ministerial decree addressing visa cancellations will be issued. The minister stated their intention to review recent judgments and, if necessary, implement a more sensible strategy. The minister wishes to issue a new directive as it is the most practical way to ensure better conclusions by tribunal members. This event aligns with the publication of new information by the Australian Border Force on the 153 individuals released from immigration detention.


Officials disclosed that ten former detainees are currently in detention following last year's historic High Court decision. Among them, five have been accused of federal crimes, and 29 are facing state or territory-level charges. The charges include kidnapping, assault, threats to kill, weapon possession, police, and domestic violence order breaches. It has been revealed that three of those accused of state or territorial charges were not under electronic monitoring, and four were not subject to a curfew during the alleged offenses. Considering the seriousness of the allegations inmates faced, Shadow Home Affairs Minister James P questioned why freed detainees were not subject to conditions. He emphasized the importance of strict surveillance, especially for individuals with a history of serious crimes.

The High Court's decision last year declared indefinite immigration detention for those unable to be removed as illegal, resulting in their release. This decision poses significant challenges for the federal government. Recently, a former prisoner allegedly attacked an elderly woman in Perth in a violent home invasion. Following revelations that a directive issued by the immigration minister in January last year allowed convicted offenders to remain in Australia, the government has faced continuous criticism. When determining visa cancellation or restoration, the order prioritized an individual's community ties and length of residence in Australia.

One person, whose visa was reinstated under the former policy, is now accused of murder in Brisbane. Andrew Giles, the immigration minister, has revoked that visa and demanded a quick review of many more. The revised directive currently in place aims to prioritize community protection above all else. Early 2023 saw the implementation of Ministerial Direction 99, a departing order meant to address issues expressed by previous New Zealand administrations on the repatriation of criminals with New Zealand citizenship but little ties to the nation. As a result of the previous directive's effects, the Coalition emphasized cases where the Administrative Appeals Tribunal (AAT) reinstated visas for convicted criminals, such as drug smugglers, armed robbers, and rapists.

The immigration minister criticized several AAT decisions that she deemed lacking in common sense. Under the new ministerial direction, the Administrative Review Tribunal (ART) will adopt a more practical approach to visa decisions. By prioritizing community safety and considering the impact of decisions on crime victims and their families, the new directive will enhance provisions related to family violence, aligning with the government's pledge to combat violence against children and women.  

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