Migration Amendment (Character and General Visa Cancellation) Act 2014
No. 129, 2014
An Act to amend the Migration Act 1958, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Character test amendments
Migration Act 1958
Schedule 2—General visa cancellation amendments
Migration Act 1958
Migration Amendment (Character and General Visa Cancellation) Act 2014
No. 129, 2014
An Act to amend the Migration Act 1958, and for related purposes
[Assented to 10 December 2014]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Amendment (Character and General Visa Cancellation) Act 2014.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 10 December 2014 |
2. Schedule 1, items 1 to 25 | The day after this Act receives the Royal Assent. | 11 December 2014 |
3. Schedule 1, items 26 and 27 | The day after this Act receives the Royal Assent. However, if items 16 and 17 of Schedule 5 to the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 commence on or before the day after this Act receives the Royal Assent, the provisions do not commence at all. | 11 December 2014 |
4. Schedule 1, items 28 to 32 | The day after this Act receives the Royal Assent. | 11 December 2014 |
5. Schedule 2 | The day after this Act receives the Royal Assent. | 11 December 2014 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Character test amendments
Migration Act 1958
1 Paragraph 5C(2)(d)
Omit “(whether on one or more occasions), and the total of those terms is 2 years”, substitute “, where the total of those terms is 12 months”.
2 Paragraph 500(1)(a)
After “201”, insert “, other than decisions to which a certificate under section 502 applies”.
3 Paragraph 500(1)(b)
After “501”, insert “(subject to subsection (4A))”.
4 After paragraph 500(1)(b)
Insert:
(ba) decisions of a delegate of the Minister under subsection 501CA(4) not to revoke a decision to cancel a visa; or
5
Overview
The Migration Amendment (Character and General Visa Cancellation) Act 2014 was enacted by the Parliament of Australia to amend the Migration Act 1958, addressing concerns about the character test and the general visa cancellation provisions. This Act introduces significant changes to the character test by reducing the threshold for cumulative periods of imprisonment from two years to 12 months. Additionally, it modifies the criteria for visa cancellation, particularly concerning individuals serving sentences of imprisonment. The policy objective behind these amendments is to enhance the integrity of the visa system by ensuring that those who do not meet the character requirements or present a risk to national security are subject to visa cancellation.
Further, the Act expands the Minister's powers to cancel visas on various grounds, including non-compliance with visa conditions and security concerns. It also introduces provisions allowing the Minister to set aside decisions made by tribunals or delegates and cancel visas in the public interest. These amendments aim to provide the Minister with greater flexibility and authority to respond swiftly and effectively to situations where visa holders may pose a risk or have failed to comply with visa conditions.
Scope and Application
The Migration Amendment (Character and General Visa Cancellation) Act 2014 is an Act of the Commonwealth of Australia that amends the Migration Act 1958. The Act applies to all individuals and entities subject to the Migration Act, including non-citizens, visa holders, and entities such as migration agents and airlines. The Act extends to the entire Commonwealth of Australia and its territories and external affairs. The primary focus of the Act is on modifying the character test criteria and expanding the circumstances under which a visa may be cancelled by the Minister for Immigration and Border Protection. The Act also introduces new provisions that allow the Minister to set aside and substitute non-adverse decisions under specific sections of the Migration Act. Subordinate instruments may further extend or restrict the application of the Act by providing additional details or regulations as necessary for its implementation.
Key Provisions
- The Migration Amendment (Character and General Visa Cancellation) Act 2014 introduces several key provisions to the Migration Act 1958. Firstly, it modifies the character test requirements, stipulating that certain cumulative periods of imprisonment must now total 12 months rather than 2 years to trigger a failure in the character test (section 1). It also expands the scope of decisions that can lead to visa cancellation by including decisions not to revoke a cancellation decision under section 501CA (section 2). Additionally, the Act introduces new grounds for visa cancellation, such as being involved in people smuggling or trafficking in persons, or being charged with serious international crimes (section 11). It also mandates visa cancellation for individuals serving imprisonment sentences who fail the character test on specific grounds (section 8).
- The Act imposes several obligations on parties it governs. For instance, it mandates that the Minister must cancel a visa if the person is serving a sentence of imprisonment and fails the character test based on certain criminal activities (section 8). It also requires the Minister to provide written notice to the visa holder and invite them to make representations before cancelling a visa (section 133F). Furthermore, the Act allows the Minister to require state or territory agencies to disclose personal information relevant to assessing whether a person meets the character test (section 501L).
- Breaching the provisions of this Act can lead to significant consequences. While the Act itself does not explicitly state penalties for breaches, the Migration Act 1958, which it amends, provides for various offences and penalties. For example, unauthorised entry into Australia is an offence that can result in a penalty of up to 3 years imprisonment (section 128). Visa cancellations under this Act can also lead to removal from Australia, and individuals may be banned from re-entry for a specified period (section 118). Furthermore, providing false information to obtain a visa can result in penalties of up to 10 years imprisonment (section 137). The Act's amendments aim to strengthen the enforcement of these provisions, ensuring compliance with Australia's migration laws.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Enforcement Powers
- Delegated & Subordinate Legislation