SENATOR THE HON KRISTINA KENEALLY
DEPUTY LABOR LEADER IN THE SENATE
SHADOW MINISTER FOR HOME AFFAIRS
SHADOW MINISTER FOR IMMIGRATION AND CITIZENSHIP
SENATOR FOR NEW SOUTH WALES
 
 
LABOR SUPPORTS LAWS ALREADY IN PLACE TO DEPORT FOREIGN CRIMINALS
 
Labor strongly supports the current powers to cancel or refuse visas on character or criminal grounds under Section 501 and Section 116 of the Migration Act.
 
The Immigration Minister can already cancel the visas of non-citizens and deport foreign criminals convicted of serious crimes involving violence, sexual offences, weapons offences, breaches of AVOs and offences against women and children because Labor supported amendments to the Migration Act in 2014.
 
Since 2014 the Government has cancelled some 4700 visas under Section 501 alone because Labor supported, and still supports, these changes.
 
In fact, these extremely broad discretionary powers mean foreigners do not even need to spend a day in jail or even be convicted of a crime to have their visa cancelled.
 
The Government’s Migration Amendment (Strengthening The Character Test) Bill 2019 may do very little to change the current law – but it does create significant unintended or undesirable consequences.
 
Minister Coleman has demonstrated time and time again that he has broad powers right now, which shows this new legislation does almost nothing. If Minister Coleman can cancel the visa of an anti-vaxxer, then why isn’t he already cancelling the visas of dangerous individuals?
 
Labor has written to Immigration Minister David Coleman today offering support for this Bill based on the following conditions to address these unintended and undesirable consequences:
 
1. Removal of retrospectivity: The Bill’s retrospective application will mean people who have lived in Australia for decades, with no recent criminal history, could have their visa cancelled. Labor asks the Government remove this form of double jeopardy for people who have already passed the character test. Labor notes that the Liberal-dominated Joint Standing Committee on Migration, chaired by Assistant Minister Jason Wood, supported the removal of retrospectivity in relation to similar laws in a 2017 report. 
 
2. Reducing the risk of low-level offending leading to visa cancellation: The Bill currently means a person convicted of low-level offences – such as assault for grasping a person by the sleeve – but receiving no sentence could have their visa cancelled. Labor asks the Bill be amended to align with the definition of a ‘substantial criminal record’ – a person sentenced to a term of imprisonment of 12 months or more. Labor notes this change would make the laws consistent with the definition of ‘substantial criminal record’ introduced by the Abbott Government in 2014 with Labor’s support. 
 
3. Reviewing Ministerial Directions in relation to New Zealand: The New Zealand Government has said this Bill “would make a bad situation worse for New Zealanders and therefore New Zealand” and Prime Minister Jacinda Ardern has publicly described the impact of 501 cancellations as “corrosive”. Labor asks the Government undertake a review of the Ministerial Directions with specific regard given to the impacts of visa cancellations on New Zealanders. This is a non-legislative commitment. Labor notes that the Liberal-dominated Joint Committee on Migration, chaired by Assistant Minister Jason Wood, supported the reviewing the Ministerial Directions as they related to New Zealand in a 2019 report.
 
If Minister Coleman and the Morrison Government agree to these three recommendations, Labor will support the passage of the Bill.