Coalition pledge to rescind immigration direction helping foreign national offenders stay in Australia
The federal opposition has vowed to axe a ministerial direction that determines whether foreign-born nationals with ties to Australia should keep their visa after committing a crime.
Opposition immigration spokesman Dan Tehan says the coalition will rescind the direction put forward by Immigration Minister Andrew Giles, known as direction 99, on the first day of a future coalition government.
The comments come following reports the Australian Administrative Tribunal (AAT) took the direction into account when it decided not to cancel the visa of a New Zealand-born man, known as CHCY, who was found guilty of raping his stepdaughter.
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By continuing you agree to our Terms and Privacy Policy.Under direction 99, an offender’s links to Australia should be a “primary consideration” as to whether a visa should be cancelled.
The tribunal found the direction was a reason behind not cancelling CHCY’s visa, due to the man having ties to Australia.
Mr Tehan said the ministerial direction needed to be scrapped.
“We will, on day one as a priority, rescind that Andrew Giles ministerial direction, if we are elected at the next election,” he told reporters in Canberra on Monday.
“What it shows is that ministerial direction is clearly failing.
“I don’t think that you could get a worse example, that ministerial direction is clearly failing, and that is why it needs to be rescinded.”
Mr Giles has been contacted for comment.
The immigration minister said on Friday the federal department was examining closely the cases that went before the tribunal.
“We’re looking very carefully at all of the matters that come before the AAT to ensure that the integrity of our migration system and community safety is given the highest priority, which it has to have,” Mr Giles said.
The immigration minister has been under pressure following the High Court’s decision that released more than 150 detainees, after ruling indefinite detention was illegal.
Mr Tehan said the minister needed to explain the reasons why the direction was given.
“We need to hear from him or otherwise the prime minister needs to step in, he needs to rescind this himself, and he needs to ask Andrew Giles to resign,” he said.
