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Migration Amendment (Character and General Visa Cancellation) Act 2014

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateDecember 11, 2014

Policy effect

Lowered the threshold for mandatory visa cancellation under section 501 on character grounds, specifically requiring the Minister to cancel a visa if a non-citizen is serving a sentence of imprisonment and has a substantial criminal record or child sex offence convictions.

Conditions and exceptions

Validated condition or limit: Lowered the threshold for mandatory visa cancellation under section 501 on character grounds, specifically requiring the Minister to cancel a visa if a non-citizen is serving a sentence of imprisonment and has a substantial criminal record or child sex offence convictions.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Subsection 500(1) Omit “; other than decisions to which a certificate under section 502 applies”. 7 At the end of subsection 500(4A) Add: ; (c) a decision of a delegate of the Minister under subsection 501(3A) to cancel a visa. ComLaw Authoritative Act C2014A00129 Character test amendments Schedule 1 No. 129, 2014 Migration Amendment (Character and General Visa Cancellation) Act 2014 5 8 After subsection 501(3) Insert: (3A) The Minister must cancel a visa that has been granted to a person if: (a) the Minister is satisfied that the person does not pass the character test because of the operation … of: (i) paragraph (6)(a) (substantial criminal record), on the basis of paragraph (7)(a), (b) or (c); or (ii) paragraph (6)(e) (sexually based offences involving a child); and (b) the person is serving a sentence of imprisonment, on a full-time basis in a custodial institution, for an offence against a law of the Commonwealth, a State or a Territory. (3B) Subsection (3A) does not limit subsections (2) and (3). 9 Subsection 501(5) After “(3)”, insert “or (3A)”. 10 Paragraph 501(6)(b) Repeal the paragraph, substitute: (b) the Minister reasonably suspects: (i) that the person has been or is a member …
Schedule 2—General visa cancellation amendmentsSchedule 2—General visa cancellation amendments. Migration Amendment (Character and General Visa Cancellation) Act 2014.; Act No. 129 of 2014Open official source
Retrieved from https://legislation.gov.au/C2014A00129/asmade/2014-12-10/text/original/epub/OEBPS/document_1/document_1.html

Review method

Two separate automated exact-claim source reviews

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Other Australia changes operative in 2014