TRANSCRIPT
The Immigration Minister, Andrew Giles, says he'll be updating a controversial ministerial direction that's allowed several migrants convicted of serious crimes to escape deportation.
Mr Giles has been under scrutiny since last November as SBS Chief Political Reporter Anna Henderson explains.
"In late November, the High Court made a snap call on the NZYQ case, leading the government to release 151 people from indefinite detention. Soon after came the first of many calls from the Opposition for the Immigration Minister to resign, or be sacked. Parliament was recalled before Christmas to rush through legislation in an attempt to re-jail the worst offenders, and to impose ankle bracelets in some cases. The government set up a Community Protection Board including law enforcement to assess cases."
And issues in the immigration portfolio returned this year.
"Earlier this year, the government tried and failed to rush through another batch of bills to pre-empt a new court hearing on case ASF 17. Then an image was released by WA Police documenting a shocking assault on a Perth grandmother Ninette Simons. Just over a week later, across national newspapers, it was revealed one of the alleged assailants was part of the NZYQ cohort. The government then had a win, with the High Court rejecting the ASF17 request avoiding the release of more than 100 extra detainees."
The latest issue relates to the so-called Direction 99 - that requires the Administrative Appeals Tribunal to consider a person's ties to Australia when reviewing visa cancellation decisions.
Direction 99 was introduced last year by Mr Giles, under pressure from the then New Zealand Prime Minister Jacinda Ardern to stop deporting New Zealand nationals who had spent most of their lives in Australia.
Earlier this week, the A-A-T released its decision in the case of a man known as C-H-Y-C, reinstating the visa for the New Zealand man who pleaded guilty to raping his stepdaughter, citing his connection to Australia.
Liberal senator Jane Hume says the tribunal's decision is Mr Giles' responsibility.
"If you direct the A-A-T to make those considerations when deciding whether to revoke a visa or not revoke a visa, this should come as no surprise because there's been incompetence after incompetence in this portfolio. Quite frankly, Anthony Albanese needs to stop running a protection racket for Minister Giles and start protecting the Australian people."
After the opposition's attacks, Mr Giles says an updated version of the directive will ensure there's greater consideration of community safety concerns.
"I will be updating ministerial direction 99 as the Prime Minister has just said. The new direction will ensure that all members of the ART* [[Administrative Review Tribunal]] will adopt a commonsense approach to visa decisions. First and foremost, this means ensuring that the protection of the community outweighs other considerations. This is always been the Albanese government’s highest priority. The revised direction will also strengthen the principles of community safety in the making of decisions."
