Proposed new retrospective character test

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree1Likes

Proposed new retrospective character test


Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-17-2019, 10:21 AM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,390
Users Flag! From australia

2374 likes received
166 likes given
Send a message via Skype™ to CCMS
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.*

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Reply With Quote
  #2 (permalink)  
Old 09-17-2019, 10:28 AM
Senior Member
 
Join Date: Sep 2013
Posts: 6,823
Users Flag! From australia

1423 likes received
400 likes given
Current government is not for the people - tax $'s to high court 10 days sick leave today.

A day is a day!


Reply With Quote
  #3 (permalink)  
Old 09-17-2019, 01:56 PM
Moderator
 
Join Date: Mar 2012
Location: Brisbane Australia
Posts: 1,923
Users Flag! From australia

610 likes received
132 likes given
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.

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

Reply With Quote
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 09-19-2019, 01:50 AM
Active Member
 
Join Date: Nov 2018
Posts: 43
Users Flag! From netherlands

13 likes received
23 likes given
I am assuming this text comes from an online article. Could you please provide the source?

__________________
My timeline:
25/11/2018 - Application submitted 309/100
25/12/2018 - Police checks submitted
01/02/2019 - Medicals submitted
11/04/2019 - Visa 309 grant

Reply With Quote
  #5 (permalink)  
Old 09-19-2019, 02:15 AM
PrettyIsotonic's Avatar
Senior Member
 
Join Date: Oct 2018
Posts: 177
Users Flag! From singapore

32 likes received
31 likes given
Quote:
Originally Posted by Roel View Post
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

__________________
190 ACT | ANZSCO 411711 | 75+5

ACWA skills assessment completed 15 Jun 18
ACT nomination lodged 20 Jun 18
ACT nomination 21 Aug 18
190 lodged 21 Aug 18
Added de facto via Form 1436 12 Nov 18
De facto added by CO 14 Nov 18
CO contact de facto medical/functional english 1 Dec 18
Responded to CO 6 Dec 18
CO contact de facto functional english (already provided) 22 Feb 19
Responded to CO 25 Feb 19

Grant 4 Mar 19

Happy to share my experience with ACWA, ACT, SG PCC, Form 1436.

Reply With Quote
  #6 (permalink)  
Old 09-19-2019, 09:25 AM
Senior Member
 
Join Date: Sep 2013
Posts: 6,823
Users Flag! From australia

1423 likes received
400 likes given
Given he is a RMA it maybe the source the SBS got the info from or leaked.


Reply With Quote
  #7 (permalink)  
Old 09-19-2019, 08:55 PM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,390
Users Flag! From australia

2374 likes received
166 likes given
Send a message via Skype™ to CCMS
Quote:
Originally Posted by Roel View Post
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

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Last edited by CCMS; 09-19-2019 at 09:03 PM.

Reply With Quote
  #8 (permalink)  
Old 09-19-2019, 09:31 PM
Moderator
 
Join Date: Mar 2012
Location: Brisbane Australia
Posts: 1,923
Users Flag! From australia

610 likes received
132 likes given
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.

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

Reply With Quote
  #9 (permalink)  
Old 09-20-2019, 02:39 AM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,390
Users Flag! From australia

2374 likes received
166 likes given
Send a message via Skype™ to CCMS
Quote:
Originally Posted by aussiesteve View Post
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.

Pacatus likes this.
__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Reply With Quote
  #10 (permalink)  
Old 09-20-2019, 03:42 AM
Moderator
 
Join Date: Mar 2012
Location: Brisbane Australia
Posts: 1,923
Users Flag! From australia

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

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 08:47 AM.




Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
AustraliaForum.com