Commonwealth of Australia Explanatory Memoranda

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MIGRATION AMENDMENT (STRENGTHENING THE CHARACTER TEST AND OTHER PROVISIONS) BILL 2011

                                 2010 - 2011








               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA





                                   SENATE




 MIGRATION AMENDMENT (STRENGTHENING THE CHARACTER TEST AND OTHER PROVISIONS)
                                  BILL 2011





                               ADDENDUM TO THE


                           EXPLANATORY MEMORANDUM



Insert new paragraphs at the end of the Outline -

It would, however, remain a matter for the Minister or a delegate to
consider the factors in relation to the nature of the conviction, any
sentence applied and countervailing considerations before deciding whether
to exercise the discretionary power under sections 501 and 500A of the Act
to refuse or cancel a visa.  In other words, a determination that a person
does not pass the character test under the new ground would enliven the
discretion whether to refuse or cancel a visa but would not dictate the
outcome of the exercise of the discretion.

The amendments to the character provisions also do not change the existing
arrangements relating to natural justice or review rights in relation to
the character test.

In keeping with Australia's international protection obligations, people
will not be returned to a place where they have a well-founded fear of
persecution.  Where it is not appropriate to remove people from Australia
because they are owed protection, consideration could be given to the grant
of a temporary visa to place them in the community until their removal from
Australia is appropriate.


  (Circulated by authority of the Minister for Immigration and Citizenship,
                          the Hon. Chris Bowen MP)