A Bill for an Act to remove unnecessary and unjust ministerial discretion relating to assessments of the character and conduct of visa applicants, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Legislation Amendment (Provisions Relating to Character and Conduct) Act 2006.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendment of the Migration Act 1958
1 Section 339
Repeal the section, substitute:
339 Application for internal review
(1) An application for review of an internally‑reviewable decision must:
(a) be made in writing in the form approved by the Secretary; and
(b) be given to the Secretary, at a prescribed place, within the prescribed period, being a period ending not later than:
(i) if the decision is covered by paragraph (a) or (b) of the definition of Part 5 reviewable decision—28 days after the notification of the decision; or
(ii) if the decision is covered by paragraph (e), (f), (g) or (h) of that definition—70 days after the notification of the decision; and
(c) be accompanied by the prescribed fee (if any).
(2) An application for review in accordance with subsection (1) may only be made:
(a) if the decision is covered by paragraph (a) or (b) of the definition of Part 5 reviewable decision—by the non‑citizen who is the subject of that decision; or
(b) if the decision is covered by paragraph (e) or (h) of that definition—by the sponsor or nominator; or
(c) if the decision is covered by paragraph (f) or (g) of that definition—by the relative referred to in the paragraph concerned.
(3) An application for review of a decision covered by paragraph (a) or (b) of the definition of Part 5 reviewable decision may only be made by a non‑citizen who is physically present in the migration zone when the application for review is made.
(4) Regulations made for the purposes of paragraph (1)(b) may specify different periods in relation to different classes of internally‑reviewable decisions (which may be decisions that relate to non‑citizens in a specified place).
2 Subsection 411(3)
Repeal the subsection, substitute:
(3) The Minister may issue a conclusive certificate in relation to a decision if the Minister believes that:
(a) it would be contrary to the public interest to change the decision, because any change in the decision would prejudice the security, defence or international relations of Australia; or
(b) it would be contrary to the public interest for the decision to be reviewed because such review would require consideration by the Tribunal of deliberations or decisions of the Cabinet or of a committee of the Cabinet.
3 Section 501
Repeal the section, substitute:
501 Special power to refuse or to cancel visa or entry permit
(1) The Minister may refuse to grant a visa to a person, or may cancel a visa that has been granted to a person, if:
(a) subsection (2) applies to the person; or
(b) the Minister is satisfied that, if the person were allowed to enter or to remain in Australia, the person would:
(i) be likely to engage in criminal conduct in Australia; or
(ii) vilify a segment of the Australian community; or
(iii) incite discord in the Australian community or in a segment of that community; or
(iv) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or violence threatening harm to, that community or segment, or in any other way.
(2) This subsection applies to a person if the Minister:
(a) having regard to:
(i) the person’s past criminal conduct; or
(ii) the person’s general conduct;
is satisfied that the person is not of good character; or
(b) is satisfied that the person is not of good character because of the person’s association with another person, or with a group or organisation who or that the Minister has reasonable grounds to believe has been or is involved in criminal conduct.
(3) The power under this section to refuse to grant a visa to a person, or to cancel a visa that has been granted to a person, is in addition to any other power under this Act, as in force from time to time, to refuse to grant a visa to a person, or to cancel a visa that has been granted to a person.