Morrison government seeks fresh crackdown on foreign criminals

The Morrison government is launching a fresh bid to make kicking criminals out of the country as “easy” as deporting Novak Djokovic.

Foreign criminals should be deported from Australia just as easily as the unvaxxed Novak Djokovic was, Scott Morrison says. Picture: Greg Wood / AFP

Foreigners who commit violent or sexual offences while in Australia would be “quickly deported” under new legislation set to be reintroduced to parliament by the Morrison government this week.

In a last-ditch effort to get the legislation over the line after first being introduced more than 1200 days ago, the government will again push for Labor to get behind the legislation to “protect women and children” and ensure “the safety of the people of Australia”.

In a sign of third-time lucky for the Morrison government, Labor is reserving its position and waiting until until amendments are negotiated.

The Bill seeks to strengthen the character test, which has been used to cancel or refuse visas of more than 10,000 foreign criminals since 2014.

The Strengthening the Character Test Bill would allow discretionary visa refusal or cancellation where a non-citizen is convicted of a crime punishable by at least two years imprisonment.

The government has sought to strengthen legislation since 2019, and Scott Morrison said it would try a third time this week because “the law needs to be fixed”.

Labor has previously opposed the Bill, arguing low-risk offenders could get caught up and kicked out.The government says the latest iteration will broaden the circumstances in which visas are cancelled, change the grounds of the character test and reduce the chances of appeal.

Mr Morrison told 9 Radio on Tuesday an objective test was required.

“And the objective test is if you’ve committed a crime: stalking, domestic abuse, assaulting police officers, breaching AVOs, possessing weapons, concealing child abuse offences, date rape offences, we want to make sure that we can pump them,” Mr Morrison said.

“And the current law when judges hand down lower sentences (isn’t strong enough).

“There’s only one person standing in the way of that. And that’s Anthony Albanese.”

Under the proposed legislation, violent offenders sentenced to at least two years imprisonment could be quickly deported.

Immigration Minister Alex Hawke will return the Bill to parliament on Wednesday to protect Australians from “dangerous non-citizens”.

Mr Hawke questioned why it was easier to deport world tennis No. 1 Novak Djokovic than a convicted criminal.

“An Australian visa is a privilege that should be denied to those who pose a threat to the safety of Australians,” Mr Hawke said.

“It should not be easier to deport an international sports star than a convicted criminal.

“That’s why this Bill broadens existing discretionary powers to cancel and refuse visas under the ‘character test.”

Mr Morrison said his government, and Australians, were frustrated by “soft decisions in the courts” when it came to foreigners.

“There judgments that have been handed down there where they haven’t given a higher sentence because they fear that they’ll lose their visa,” Mr Morrison said.

“That’s not their decision. We have a law in this country, which is if you commit a serious offence then you do not pass go. You’re gone, you’re out.”

Serbian tennis player Novak Djokovic was deported last month. Picture: Diego Fedele/Getty Images

Labor and the Greens voted against earlier iterations of the Bill in September 2019 and October 2021.

Mr Morrison used question time on Monday to ramp up attacks on the opposition over national security.

“Over 4000 visas have been cancelled or refused for criminals since 2019,” Mr Morrison said.

“This is what doing your job looks like. This leader of the Labor Party wouldn’t be able to keep up if he tried.”

Mr Morrison is set to push for Labor to “get on-board” with strengthening the character test and will say Australia’s national interest “demands it”.

Shadow Treasurer Jim Chalmers told ABC radio that the government already had the power to “kick people out of the country” if they’ve done the wrong thing.

“I don’t think the government wants an outcome here. They want to play desperate and decisive political games,” Mr Chalmers said.

“They don’t want to work together. They don’t want an outcome. They want a fight.”

Mr Chalmers accused the government of politicising national security, something he argues should have bipartisan support.

“The more the government tries to shatter what should be bipartisan consensus on national security and foreign policy, the more they play into the hands of people who want to do the wrong thing,” Mr Chalmers said.

“All the divisive and dangerous games being played across cabinet are designed to get political outcomes, but they diminish national security and actually make Australians less safe.”

Originally published as Morrison government seeks fresh crackdown on foreign criminals