2010 - 2011

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

SENATE

 

 

MIGRATION AMENDMENT (STRENGTHENING THE CHARACTER TEST AND OTHER PROVISIONS) BILL 2011

 

 

 

ADDENDUM TO THE

EXPLANATORY MEMORANDUM

 

Insert new paragraphs at the end of the Outline -

It would, however, remain a matter for the Minister or a delegate to consider the factors in relation to the nature of the conviction, any sentence applied and countervailing considerations before deciding whether to exercise the discretionary power under sections 501 and 500A of the Act to refuse or cancel a visa.  In other words, a determination that a person does not pass the character test under the new ground would enliven the discretion whether to refuse or cancel a visa but would not dictate the outcome of the exercise of the discretion.

 

The amendments to the character provisions also do not change the existing arrangements relating to natural justice or review rights in relation to the character test.

 

In keeping with Australia’s international protection obligations, people will not be returned to a place where they have a well-founded fear of persecution.  Where it is not appropriate to remove people from Australia because they are owed protection, consideration could be given to the grant of a temporary visa to place them in the community until their removal from Australia is appropriate.

 

 

(Circulated by authority of the Minister for Immigration and Citizenship,

the Hon. Chris Bowen MP)