Ministerial Direction No. 110: Character Test Visa Refusal and Cancellation Framework

Policy effect

Direction No. 110 was executed pursuant to section 499 of the Migration Act 1958, revoking Ministerial Direction No. 99. The direction reformed the mandatory assessment framework for delegates and tribunals deciding visa refusals, cancellations, and revocation of mandatory cancellations under sections 501 and 501CA. It elevated the protection and safety of the Australian community to the primary consideration of highest priority, alongside increased weighting against family violence and serious crimes.

Official source excerpt

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

DIRECTION NO. 110 MIGRATION ACT 1958 DIRECTION UNDER SECTION 499 Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, give this Direction under section 499 of the Migration Act 1958. Dated 7 June 2024 Minister for Immigration, Citizenship and Multicultural Affairs Part 1. Preliminary 1. Name of Direction This Direction is 'Direction no. 110 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA'. It may be cited as Direction no. 110. 2. Commencement This Direction commences on 21 June 2024. 3. Revocation Direction no. 99, given under section 499 of the Migration Act 1958 (the Act) and commenced on 3 March 2023, is revoked with effect from the date this Direction commences. Page 1 of 24 4. Interpretation Note 1: A number of expressions used in this Direction are defined in section 5 of the Act, including immigration detention, minor, non­ citizen, remove, substantive visa, visa applicant, visa holder. Note 2: The following expressions have the same meaning as in the Act … another reason to revoke the cancellation given the specific circumstances of the case. (4) The purpose of this Direction is to guide decision-makers in performing functions or exercising powers under section 501 and 501CA of the Act. Under section 499(2A) of the Act, such decision-makers must comply with a direction made under section 499. 5.2. Principles The principles below provide the framework within which decision-makers should approach their task of deciding whether to refuse or cancel a non-citizen's visa under section 501, or whether to revoke a mandatory cancellation under section 50 ICA. … The factors (to the extent relevant in the particular case) that must be considered in making a decision under section 501 or section 501CA of the Act are identified in Part 2. (1) Australia has a sovereign right to determine whether non-citizens who are of character concern are allowed to enter and/or remain in Australia. Being able to come to or remain in Australia is a privilege Australia confers on non-citizens in the expectation that they are, and have been, law-abiding, will respect important institutions, such as Australia's law enforcement framework, and will not cause or threaten harm to individuals or the Australian community. (2) The safety of the Australian Community is the highest priority of the Australian Government. (3) Non-citizens who engage or have engaged in criminal or other serious conduct should expect to be denied the privilege of coming to, or to forfeit the privilege of staying in, Australia. (4) The Australian community expects that the Australian Government can and should refuse entry to non-citizens, or cancel their visas, if they engaged in conduct, in Australia or elsewhere, that raises serious character concerns. This expectation of the Australian community … applying the considerations (both primary and other), information and evidence from independent and authoritative sources should be given appropriate weight. (2) The primary consideration at 8.1 below (protection of the Australian community) is generally to be given greater weight than other primary considerations. Otherwise, primary considerations should generally be given greater weight than the other considerations. (3) One or more primary considerations may outweigh other primary considerations. 8. Primary considerations In making a decision under section 501(1), 501(2) or 501CA(4), the following are primary considerations: (1) protection of the Australian community from criminal or other serious conduct; (2) whether the conduct engaged in constituted family violence; (3) the strength, nature and duration of ties to Australia; (4) the best interests of minor children in Australia; (5) expectations of the Australian community. Page 5 of 24 8.1. Protection of the Australian community (1) When considering protection of the Australian community, decision-makers should keep in mind that the safety of the Australian community is the highest priority of the Australian Government. To that …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2024

• 2024-02-01Closure of COVID-19 Pandemic Event Stream (Subclass 408)
• 2024-03-23Increased English Language Requirements for Student and Temporary Graduate Visas
• 2024-03-29Commencement of statutory visa pre-application ballot framework
• 2024-07-01Enhanced Labour Market Mobility and Extended Work Cessation Period
• 2024-07-01Migration Amendment (Strengthening Employer Compliance Act) 2024
• 2024-07-01Removal of Specified Work Requirements for UK Working Holiday Visa Holders
• 2024-07-31Closure of the Business Innovation and Investment Program (BIIP) (Subclass 188)
• 2024-11-12Mobility Arrangement for Talented Early-professionals Scheme (MATES) Stream