New laws to kick out foreign criminals face challenge from Labor and legal community
New laws, touted by the Morrison Government, which would make it easier to kick out foreign sex perverts and violent offenders, are facing a strong challenge from Labor and the legal community.
Law & Order
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A foreign sex offender and a violent thug with links to Victorian youth gangs are among those who cannot be kicked out of the country under Australia’s deportation laws.
The Morrison Government is trying to pass new laws that would strengthen the character test for non-citizens and make it easier to deport sex perverts and violent offenders.
The Herald Sun can reveal several criminals would fall foul of the changes, including:
— A man in immigration detention with an ongoing application for a temporary visa who has been convicted in Victoria of sexual assault, for which he received fines and community correction orders;
— A permanent visa holder who has links to youth gangs in Victoria and has been found guilty without conviction in Victoria for theft related offences as a child, and was later convicted of a violent offence and sentenced to a period of four months imprisonment; and
— Another man on a permanent visa holder in South Australia who has been convicted of violent offences, including aggravated assault against a child or spouse.
The government is facing challenges in passing the Bill, with Labor and lawyers questioning why it is needed. Immigration Minister David Coleman said the Bill would ensure non-citizens convicted of serious crimes had their visas cancelled or refused.
“These are crimes that inflict long-lasting trauma on the victims and their friends and family. They are abhorrent and those foreign criminals who commit them are not welcome in our country,” he said.
Under existing laws, the Department of Home Affairs can cancel visas when a foreigner is jailed for at least a year — but not when the sentence is less than a year.
The new laws would apply to anyone — including in some cases children — convicted of an offence for which they can be jailed for at least two years, even if they are not jailed.
The push for the new laws comes as federal Education Minister Dan Tehan has thrown his weight behind the family of a top VCE student facing deportation because of her dad’s illness.
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The Rajasegaran family has received overwhelming support after the Herald Sun revealed the plight of Vanisre Rajasegaran who is a school captain at Warrnambool's Brauer College, and fears she won’t be able to complete VCE.
“I have been in close contact with the Rajasegaran family throughout their visa review process. I have written to Minister Coleman and asked him to consider a Ministerial Intervention,” Mr Tehan, the local MP, said.