Tough new legislation allows Immigration Minister to kick out more non-citizen criminals

Sex perverts, violent thugs and domestic violence offenders on visas could be kicked out of the country by the Immigration Minister under tough new laws, even if judges don't jail them.

MP Jason Wood, left with Peter Dutton, is chairman of a migration committee and said the rate of deportations would dramatically increase under the new legislation. Picture: Gary Ramage

A tough new Bill that is expected to see the deportation of thousands more non-citizen criminals is an important step closer to becoming law.

It will strengthen the character test to make it easier to kick out sex perverts, violent thugs, domestic violence offenders and criminals who use or possess weapons.

The proposed legislation will also be retrospective to enable it to capture more offenders.

IMMIGRATION; NEW BILL MAKES IT EASIER TO DEPORT CRIMS

MORE SEX CREEPS AND VIOLENT THUGS TO BE KICKED OUT

BLITZ ON FOREIGN-BORN CRIMINALS

It is expected to be discussed in federal parliament this week and the Senate Legal and Constitutional Affairs Legislation Committee recently recommended that it be passed.

Immigration Minister David Coleman. Picture: Kym Smith

At present the immigration minister can cancel or refuse to grant a visa if the applicant fails to pass the character test.

A person fails to pass the character test if any of several criteria are satisfied, including that they hold a substantial criminal record, have been convicted of an offence committed while in immigration detention or that the minister has a reasonable suspicion that the person has been, is a member of or has an association with a group or organisation involved in criminal conduct — such as a bikie gang.

One of the most used triggers for mandatory visa cancellation under the character test is that the offender has to have been sentenced to jail for 12 months or more.

This provision will continue to exist, but the new visa-scrapping legislation will go further by capturing any person — including children — convicted of a designated offence for which they can be jailed for two years or more.

It will apply even if they escape a jail term, as many do, or are sentenced to less than 12 months.

More than 4150 visas have been cancelled by the Coalition since 2014 under the current and much narrower character test system, compared with just 582 cancelled by the Labor government between 2009 and 2013 — with the visas of 907 foreign-born criminals being cancelled in the past financial year.

Among those to have had their visas cancelled are Sudanese Apex gang member Isaac Gatkuoth and bikies Aaron ‘AJ’ Graham, Alex Vella, Danny Mousley and Sonny Otene.

Victorian Liberal MP and former police officer Jason Wood, the chairman of the Joint Standing Committee on Migration, yesterday said the rate of deportations would dramatically increase under the new legislation.

Mr Wood said he decided to push for the new laws after residents in his electorate of La Trobe were subjected to violent home invasions and car jackings at the hands of members of African and other gangs.

Rebels bikie Aaron ‘AJ’ Graham was deported to New Zealand in 2017 under “character grounds”. Picture: Supplied

He said a study by the Australian Criminal Intelligence Commission found the Apex gang that terrorised Melbourne had 60 core members at its peak and that only six of them were born in Australia.

“The minister of the day will have the discretion to use the toughened character test to deport violent thugs, teen gang members and other convicted offenders even if they haven’t been jailed,” Mr Wood told the Herald Sun.

“It is patently obvious that a coalition minister is far more likely to use their discretion to do so much more often than a Labor minister will.”

Immigration Minister David Coleman yesterday told the Herald Sun the new legislation was a part of the Government’s commitment to keep Australians safe.

“We welcome people from all over the world, but people need to know that if you come here and commit a criminal offence then you won’t be staying for long,” Mr Coleman said.

“These crimes can inflict long lasting trauma on the victims and their friends and family.

“Physical violence, sexual assault and violence against women are abhorrent crimes and those non-citizens who commit them are not welcome in our country.”

Mr Wood said a vital part of the new legislation was the section giving the power to deport convicted criminals even if they don’t receive any jail time.

“This is an important change in the Migration Act because at present they must be sentenced to a minimum of 12 months jail, which, as a veteran police officer, I can say rarely occurs,” he said.

“It will also get around the current situation where defence barristers are pleading with judges and magistrates to hand out sentences of less than 12 months so their clients can avoid deportation.”

A recent report by the Senate Legal and Constitutional Affairs Legislation Committee said there was a need to “strengthen current provisions to protect Australians against harm from non-citizens”.

REBELS BIKIE AJ GRAHAM DEPORTED

“The committee is satisfied the Bill strikes the appropriate balance between the protection of the Australian community and the rights of non-citizens who have committed criminal acts, and therefore recommends the passage of the Bill,” it said.

Under the new legislation, any non-citizen convicted of any of the following designated offences can be stripped of their Australian visa even if they receive no jail time:

VIOLENCE crimes against a person, including murder, manslaughter, kidnapping, assault, aggravated burglary and the threat of violence.

NON-CONSENSUAL conduct of a sexual nature, including rape, committing an act of indecency or sharing an intimate image by sexting or other means.

BREACHING an order made by a court or tribunal for the personal protection of another person.

USING or possessing any weapon made or adapted for inflicting bodily injury.

AIDING, abetting, counselling or procuring the commission of any of the designated offences listed in the legislation.

INDUCING the commission of a designated offence through threats, promises or other means.

CONSPIRING with others to commit any of the designated offences.

BEING in any way, directly or indirectly, knowingly concerned in, or a party to, the commission of any of the designated offences.