Introduction of Ministerial Direction 110
The Albanese government has announced the revocation of Ministerial Direction 99, effective June 21, to be replaced by the newly signed Ministerial Direction 110. This shift underscores the government’s heightened focus on community safety within Australia’s migration system.
Ministerial Direction 110 signed today
Overview of Ministerial Direction 99
Introduced in January 2023, Ministerial Direction 99 mandated that when considering visa cancellations on character grounds, the strength, nature, and duration of non-citizens’ ties to Australia be evaluated alongside four primary considerations. These included protecting the community, addressing family violence, addressing the interests of children, and meeting community expectations. Direction 99 has notably been used in at least five instances of the NZYQ High Court ruling.
Impact on Visa Cancellations
Direction 99 allowed for visa refusals based on criminal records and facilitated the cancellation of various visa types, including tourist, student, and temporary visas. It also played a significant role in decisions affecting the relationship with New Zealand regarding non-citizen criminals.
Ministerial Direction 110: Strengthening Community Safety
Signed by Immigration Minister Andrew Giles, Ministerial Direction 110 aims to reinforce the importance of community safety in visa decisions. Since assuming office, the government has cancelled numerous visas on character grounds, citing community safety as a priority.
The new direction, guided by the principles of community protection and common sense, clarifies that greater weight should be given to community safety in visa decisions. It also elevates the impact on victims of family violence into one of the primary considerations, reflecting the government’s zero-tolerance approach to such violence.
Government’s Commitment to Community Safety
Minister Giles emphasised that protecting the Australian community is the government’s highest priority. He highlighted recent actions, including cancelling 40 visas in the national interest, to align with community expectations.
Ministerial Direction 110 marks a significant step towards ensuring that Australia’s migration system serves the national interest and upholds the safety of its citizens. The government’s commitment to community safety remains unwavering.
For additional information, please refer to: Ministerial Direction 110, available at homaffairs.gov.au.
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