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-   -   Proposed new retrospective character test (https://www.australiaforum.com/visas-immigration/289279-proposed-new-retrospective-character-test.html)

CCMS 09-17-2019 09:21 AM

Proposed new retrospective character test
 
Labor says proposed legislation to tighten the character test could lead to someone who has lived in Australia for decades being kicked out for "grasping someone by the sleeve".*
Labor will oppose the government's latest move to crack down on foreign criminals, after a raft of migration and law experts criticised the legislation as unnecessary and poorly targeted.*
Under the proposed laws, set to be debated in Parliament this week, anyone who commits a crime that carries a sentence of at least two years would fail the character test and face deportation -**even if they're not sentenced to any jail time.
Non-citizens who are sentenced to at least 12 months jail face*mandatory*deportation, under existing legislation.
While the government says its targeting non-citizens who commit violent or sex offenders, Labor's home affairs spokesperson Kristina Keneally said low-level offences would also be captured, "such as assault for grasping a person by the sleeve".*
She argued*changes made to strengthen the character test in 2014 gave the government broad powers to cancel the visas of dangerous individuals.
"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," Ms Keneally said.*
Since 2014, about 4,700 foreign criminals have been kicked out of the country - seven times as many as the previous six years.*
But Immigration Minister David Coleman said lowering the threshold would give the government "clear, objective powers", allowing the government to deport even more foreign criminals.*
"The legislation is about protecting Australians from non-citizens who commit serious crimes," he told reporters on Tuesday.**
Labor seeks special consideration for Kiwis
Labor has written to Mr Coleman seeking three changes in return for its support of the bill, including limiting the impact to those who commit crimes in the future.*

The government plans to apply the laws retrospectively, meaning that someone who has lived in Australia for decades and committed a crime covered by the legislation could be deported no matter how long ago the crime happened.*

ampk 09-17-2019 09:28 AM

Current government is not for the people - tax $'s to high court 10 days sick leave today.

A day is a day!

aussiesteve 09-17-2019 12:56 PM

As labour does not hold the balance of power, the decision as to wether the bill passes or not will rest with the cross bench senators. From past performances they tend to support the LNP. The question of retrospective legislation has been tested in the High Court, which found that the Constitution did not restrict the parliament from passing such laws.

Roel 09-19-2019 12:50 AM

I am assuming this text comes from an online article. Could you please provide the source?

PrettyIsotonic 09-19-2019 01:15 AM

Quote:

Originally Posted by Roel (Post 1967667)
I am assuming this text comes from an online article. Could you please provide the source?

Perhaps here - https://www.sbs.com.au/news/tougher-...r-deportations

ampk 09-19-2019 08:25 AM

Given he is a RMA it maybe the source the SBS got the info from or leaked.

CCMS 09-19-2019 07:55 PM

Quote:

Originally Posted by Roel (Post 1967667)
I am assuming this text comes from an online article. Could you please provide the source?

The Guardian and SBS .As far as I know, it passed without so much as a whimper.

https://www.theguardian.com/australi...n-deportations

https://www.sbs.com.au/news/characte...on-misses-vote

aussiesteve 09-19-2019 08:31 PM

Hardly surprising that it passed without a whimper Nick, the Government controls the lower house. It's passage through the senate will be the big test, as the Government does not have the numbers to pass the Bill on its own, and will need support of the independent senators.

CCMS 09-20-2019 01:39 AM

Quote:

Originally Posted by aussiesteve (Post 1967781)
Hardly surprising that it passed without a whimper Nick, the Government controls the lower house. It's passage through the senate will be the big test, as the Government does not have the numbers to pass the Bill on its own, and will need support of the independent senators.

I have no doubt that some of those independents will gladly support any punitive measures against migrants.

I have no objection to the deportation of serious criminals. I strongly object to the proposed laws that could see people deported for trivial offences committed a long time ago, because the offence potentially carried a 2 year prison sentence.

What is worse is that it is retrospective. Someone may have done something stupid or unfortunate 20 or 30 years ago and lived a productive, impeccable life ever since. They are now also at risk of deportation. What purpose does that serve?

Just think of all the stress and anxiety this will be causing amongst perfectly harmless people.

aussiesteve 09-20-2019 02:42 AM

Nick, I am not sure how this could not be construed as double jeopardy, i.e. being punished twice for the same crime.


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