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Visas |
New emphases on refusals and cancellations on character grounds |
New guidelines issued by the Minister of Immigration have introduced major change in the way in which decisions to cancel a person's visa are made. |
Under migration law, a person's visa can be cancelled if the minister reasonably suspects that the person does not pass the character test. This is a complex test; it includes having a substantial criminal record, defined as being sentenced to imprisonment for 12 months or more, or not being of good character on account of past and present criminal or general conduct. |
However, the new guideline is notably different to its predecessor. The guideline directs a decision-maker to consider the nature of any harm a person might cause to the Australian community and the risk of that harm occurring, but a wide range of other factors must also be considered: whether the person arrived in the country as a child, the length of residence, and any related international law obligations are now not only relevant but are primary considerations. |
The new rules stipulate that it may be appropriate to accept more risk "where the person concerned has, in effect, become part of the Australian community owing to their having spent their formative years, or a major portion of their life, in Australia". |
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