Character Issues Now Spill Into Many Areas Of Migration Law

 
 

Once a person has been convicted of any offence and the person is the holder of a temporary visa then a visa may be cancelled. The following was introduced by the Migration Amendment (2014 Measures No. 2) Regulation 2014 which created an extra criteria for the cancellation of a visa :

After paragraph 2.43(1)(o)

(oa)      in the case of the holder of a temporary visa (other than a Subclass 050 (Bridging (General)) visa, a Subclass 051 (Bridging (Protection Visa Applicant)) visa or a Subclass 444 (Special Category) visa)—that the Minister is satisfied that the holder has been convicted of an offence against a law of the Commonwealth, a State or Territory (whether or not the holder held the visa at the time of the conviction and regardless of the penalty imposed (if any));

This applies to every holder of a temporary visa apart from the subclass 444 visa that New Zealanders hold. Presumably though it only applies to convictions occurring after the date this provision came into force.

The Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013 this to the criteria which permits cancellation of a visa :

1  At the end of subregulation 2.43(1)

; (p)  in the case of the holder of a Subclass 050 (Bridging (General)) visa or a Subclass 051 (Bridging (Protection Visa Applicant)) visa—that the Minister is satisfied that the holder:

(i)  has been convicted of an offence against a law of the Commonwealth, a State, a Territory or another country; or

(ii)  has been charged with an offence against a law of the Commonwealth, a State, a Territory or another country; or

(iii)  is the subject of a notice (however described) issued by Interpol for the purposes of locating the holder or arresting the holder; or

(iv)  is the subject of a notice (however described) issued by Interpol for the purpose of providing either or both of a warning or intelligence that the holder:

(A)  has committed an offence against a law of another country; and

(B)  is likely to commit a similar offence; or

(v)  is the subject of a notice (however described) issued by Interpol for the purpose of providing a warning that the holder is a serious and immediate threat to public safety;

(q)  in the case of the holder of a Subclass 050 (Bridging (General)) visa or a Subclass 051 (Bridging (Protection Visa Applicant)) visa—that:

(i)  an agency responsible for the regulation of law enforcement or security in Australia has advised the Minister that the holder is under investigation by that agency; and

(ii)  the head of that agency has advised the Minister that the holder should not hold a Subclass 050 (Bridging (General)) visa or a Subclass 051 (Bridging (Protection Visa Applicant)) visa.

Barbara DavidsonCharacter issues now spill into many areas of migration law