New Bill makes it easier to deport foreign criminals
IMMIGRATION Minister David Coleman has introduced a Bill into federal parliament to make it easier to deport foreign-born criminals who pose a risk to the safety of the Australian community.
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A BILL that makes it easier to deport non-citizen sex perverts, violent thugs and domestic violence offenders was introduced into federal Parliament today.
Immigration Minister David Coleman said the tough new changes were aimed at foreign-born criminals who pose a risk to the safety of the Australian community.
“The Bill presents a clear message to all non-citizens that the Australian community has no tolerance for foreign nationals who have been convicted of such crimes,” Mr Coleman told parliament today.
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“This Bill is in line with community expectations.”
The Herald Sun this week revealed the new visa-scrapping legislation will apply to any person — including children — convicted of an offence for which they can be jailed for two years or more, even if they escape a jail term, as many do, or are sentenced to less than 12 months.
Mr Coleman on Thursday confirmed the details in the Herald Sun report.
He revealed a number of designated offences will be inserted into s501 of the Migration Act to make it very clear that anyone convicted of those crimes, whether in Australia or overseas, will be at risk of having their visa cancelled or refused.
Those designated offences are:
VIOLENCE against a person, including murder, manslaughter, kidnapping, assault, aggravated burglary and the threat of violence.
NON-consensual conduct of a sexual nature, including sexual assault and the non-consensual commission of an act of indecency or sharing of an intimate image.
BREACHING an order made by a court or tribunal for the personal protection of another person.
USING or possessing a weapon.
PROCURING or assisting in any way with one of these designated crimes.
ANY offence which carries a maximum sentence of two or more years in jail.
“Australia is a welcoming nation, but we will not tolerate anyone who comes here and causes harm to others,” Mr Coleman told the Herald Sun today.
“We are constantly looking at ways to ensure our laws and policies designed to protect Australians are meeting community expectations.
“Physical violence, sexual assault, and violence against women are abhorrent crimes and those non-citizens who commit them are not welcome in our country.
“Offences of this nature conflict directly with Australian values and inflict long lasting trauma on their victims.”
The changes follow recommendations made by the Joint Standing Committee on Migration, which is chaired by Victorian Liberal MP Jason Wood.
Mr Coleman told parliament today the Morrison Government would not tolerate criminal behaviour of non-citizens.
“Entry and stay in Australia by non-citizens is a privilege, not a right,” he said.
“The Australian community expects that the Australian Government can and should refuse entry to non-citizens, or cancel their visas, if they do not abide by the rule of law.
“Those who choose to break the law and fail to uphold the standards of behaviour expected by the Australian community should expect to lose that privilege.
“Currently, a non-citizen would need to be sentenced to a minimum of 12 months in order for mandatory cancellation or refusal of their visa.
“However, this threshold is not capturing all those found guilty of serious criminality, including those who may not serve any custodial sentence and who may pose a continued risk to the safety of the community.
“This Bill proposes that non-citizens who have been convicted of certain designated crimes be considered for discretionary cancellation or refusal, regardless of the custodial sentence imposed.
“Like the Australian community, the Government has no tolerance for non-citizens who are found to have committed these serious crimes.
“We make no apologies for protecting the Australian community, and will ensure our migration program is one of integrity and available only to those who will make a positive temporary or permanent contribution to our nation.”
Mr Coleman said the amendments to the Migration Act in the Migration Amendment (Strengthening the Character Test) Bill 2018 would come into effect one day after the Bill received the royal assent from the Governor-General.
A number of Victorian youth gang members, including Sudanese-born Apex gang member Isaac Gatkuoth, have already had their visas cancelled under the old legislation and the tough new changes will make it even easier to deport more of them.
Scores of foreign-born bikes have also been stripped of their Australian visas for failing the character test, including former Rebels national president Alex Vella, Aaron “AJ” Graham, Danny Mousley and Hells Angel drug dealer Sonny Otene — and bikies will continue to be a target under the new legislation.