Immigration Minister Andrew Giles has issued a new direction making community safety the top priority when reviewing visa applications.
Giles introduced Direction 110 on Friday morning, following a week of pressure over the failure to deport migrants convicted of violent crimes under Direction 99.
"The new revised direction will make crystal clear that the Australian government expects community protection to be given greater weight when it comes to via decisions," he told reporters.
"It makes it clear that the safety of the Australian community is the Albanese government's highest priority and includes this as a key principle of the decision-making framework."
The immigration minister said the impact on victims of family violence would also be elevated as a primary consideration reflecting "the government's zero-tolerance approach to domestic and family violence".
Giles said Direction 99 would be revoked on 21 June when the new order comes into effect.
What is Direction 99 and why is it controversial?
Direction 99 is a ministerial direction issued by Giles in January 2023 and has been applied by decision-makers when reviewing visa cancellations.
The ministerial direction was issued by Giles after lobbying from the New Zealand government over the deportation of Kiwi nationals with criminal convictions who had spent most of their lives in Australia.
Direction 99 requires decision-makers, including the Administrative Appeals Tribunal, to make the "strength, duration and nature" of a person's ties to Australia a "primary consideration" when reviewing visa cancellations.
It required several other factors to be considered, including the protection of the Australian community, whether criminal conduct constituted family violence, the best interests of children, and the expectations of the community.
However, the direction came under scrutiny when it was revealed that individuals previously convicted of crimes had their visas reinstated by the AAT.
The government claims the order was misinterpreted in its application, with the AAT not prioritising community safety as the primary consideration.
Giles told reporters he had cancelled 40 visas this week alone, but refused to admit the Albanese government had made a mistake by introducing the direction last year.
"I'm taking responsibility for putting in place a direction that sends a clear signal to decision-makers and the Australian community about how they should go about making these decisions," he said.
What is Direction 110?
Direction 110 is the new visa review and cancellation order that will replace Direction 99.
Its objective is to "regulate, in the national interest, the coming into, and presence in, Australia of non-citizens".
Under the new direction, non-citizens who do not pass the character test may have their visa refused or cancelled.
The "primary considerations" under Direction 110 include:
- The protection of the Australian community from criminal or other serious conduct
- Whether the conduct engaged in constituted family violence
- The strength, nature and duration of a person's ties to Australia
- The best interests of minor children in Australia
- The expectations of the Australian community
Community safety is listed as the "highest priority of the Australian government", and the language around ties to community has been adjusted.
While Direction 99 said the government would "generally" afford a higher level of tolerance of criminal behaviour to non-citizens who have lived in Australia for most of their life, the new direction only states it "may" provide tolerance.
How has the Opposition reacted?
Opposition leader Peter Dutton said the Albanese government had made Australia "less safe" under Direction 99.
Dutton said he did not believe the new direction would deliver better outcomes.
"There are people who have fallen victim to these criminals who have stayed in our country who should have been deported and I think the prime minister ... really should get up and apologise," he said.
"But this new Direction 110 doesn't give much-changed circumstances at all and it will still give rise to the sort of outcomes that we've seen in allowing these people to stay in our community."
How has New Zealand reacted?
Direction 110 backtracks on immigration rules made in response to New Zealand lobbying around the deportation of people with criminal histories who could not become Australian citizens due to being born in New Zealand, but had spent most of their life in Australia.
New Zealand Prime Minister Christopher Luxon said his government would be monitoring how the rule change is implemented. Source: AAP / Ben Mckay
"Our government is clear we do not want to see deportation of people with little or no connection to New Zealand, whose formative experiences were nearly all in Australia," Luxon said in a statement.
"We will be monitoring how this change is implemented and expect the Australian Government to live up to its commitment to a 'common sense' approach to deportations."
