Scott Morrison renews push to kick serious foreign criminals out of Australia

The prime minister has made a renewed attempt to kick foreign criminals out of Australia and says the Labor Leader is the only thing standing in the way.

Opposition Leader Anthony Albanese is the only thing standing in the way of new laws to allow the government to boot out foreign criminals, Prime Minister Scott Morrison says.

A day ahead of his government’s plan to reintroduce laws to tighten the character test and allow the removal of criminals who have committed serious offences but were sentenced to less than two years in jail, Mr Morrison has launched a blistering attack on his Labor rival.

“The judges are handing down sentences which enable people to get around this and we need an objective test,” Mr Morrison said.

“There is only one person standing in the way of this and that’s Anthony Albanese.

“You can’t have an each way bet on law and order. You can’t have an each way bet on justice,” Mr Morrison told 2GB’s Ben Fordham this morning.

Sexual assault, domestic violence and assaulting police officers would be among the crimes considered serious offences.

The Migration Amendment (Strengthening the Character Test) Bill 2021 will also put the so-called “character” test onto more objective grounds, making it harder for foreign criminals to take advantage of the Administrative Appeals Tribunal to stay in the country.

Immigration minister Alex Hawke. Picture: NCA NewsWire / Martin Ollman

Kristina Keneally last year wrote to Alex Hawke suggesting the new law was designed to capture “trivial” offences. Picture: NCA NewsWire / Flavio Brancaleone

In recent years there have been a number of cases where the Administrative Appeals Tribunal allowed convicted criminals to stay in the country, saying that they did not fail the character test despite their actions.

In 2019, the AAT ruled that a Mauritian man who tried to force a woman into his car at knifepoint saying, “Be quiet or I will cut you” could stay in the country despite his conviction on charges of stalking and threatening.

In 2021, the AAT allowed an Iranian citizen known only as BHHX to stay in the country despite assaulting a police officer, using a carriage service to menace and causing criminal damage after it determined that the man did not fail the character test.

In a number of instances, judges have reduced criminals’ sentences to help them avoid being booted out of the country.

In 2021 in Victoria, a judge reduced a career armed robber’s sentence of 26 months to just nine months, citing the possibility of having his visa cancelled as a mitigating factor.

However Labor and the Greens have previously opposed similar legislation, shooting down the government’s last attempt at tightening the rules last October.

At the time shadow immigration minister Kristina Keneally wrote to federal Minister for Immigration Alex Hawke suggesting the new law was designed to capture “trivial” offences.

In a 2019 debate on a previous version of the legislation, Labor’s Shadow Minister Assisting for Immigration and Citizenship, Andrew Giles, described the Bill as “unnecessary and divisive”, while fellow Labor MP said of the plan to punt foreign-born criminals at the time, “the punishment does not match the crime.”

“You can’t have an each way bet on whether you support kicking criminals out of Australia – it’s time for Anthony Albanese to get off the fence and back the Government’s Bill,” Prime Minister Scott Morrison said.

“The safety of Australians across the country relies on Labor standing up to The Greens, and giving our border force the powers they need to deport foreign criminals.

“Any suggestions that the sorts of crimes being committed are ‘trivial’ are ridiculous – these are very serious crimes committed by foreign criminals who do not belong in Australia.

“The message to Labor is clear: get on board today, say no to The Greens and help the parliament pass these important laws – Australia’s national interest demands it.”

Originally published as Scott Morrison renews push to kick serious foreign criminals out of Australia