Migration act 1958 section 501

Note: Character test is defined by subsection (6). We dedicate this to all our 501s and their families and in memory of Junior Togatuki who died alone, a free man but detained under. Repeal and savings 3A.

Compensation for acquisition of property 4. Detention of minors a last resort 4A.

Application of the Criminal Code 5. Essentially the new power provides for a mandated arrangement for visas to be cancelled for people who had a conviction which attracts a penalty of months or more of imprisonment. This Fact Sheet will provide you with general information about the law. Act might affect you. When this Fact Sheet refers to “you” it means the applicant and his or her representative.

When it refers to “we” or “us” it means the AAT. Subsection (6) of section 5has the full list of reasons, but examples include: because the person has a substantial criminal record. Australian community.

This section applies if the Minister makes a decision undersection 5, 501A, 501B or 501BA to refuse to grant a visato a person orto cancel a visathat has been granted to a person. This means you must pass the character test, and remain of good character. They help us decide if you are of good character. You must meet the character requirements if you are applying for: a visa. The provisions highlighted below explicitly exclude the rules of natural justice, while others vest significant discretionary and non-reviewable power in the Minister for Immigration and Border Security, effectively precluding access to a hearing, or to the reasons for a decision, regarding a decision by the Minister to revoke or cancel a visa.

Under section 50 if a non-citizen cannot convince the Department of Immigration and Citizenship (‘DIAC’) of their ‘good character’, DIAC can cancel an existing visa. BILKISS MAUDARBOCUS made this Freedom of Information request to Minister for Home Affairs. The request was successful. Section 5(3A) provides that the Minister of Immigration and Border Protection must cancel a visa held by a person if the Minister is satisfied that person does not pass the character test due to a substantial criminal recor which includes being sentenced to a term of imprisonment of at least months. Administered by: Immigration and Citizenship.

Section 5is only about the character of the visa holder, or the visa applicant. There are many other reasons why a visa might be cancelled or refused. This Kit does not consider any of those other reasons.

Special rules apply if: you are applying for a review of a decision: to refuse or cancel a visa under section 5, or. What happens, then, where the non-citizen is serving a term of imprisonment at the time of the Minister’s decision ( after the commencement of the mandatory visa cancellation scheme), but. This includes details of the over 8non-citizens who have had their visas cancelled due to being sentenced to a term of imprisonment of months or more.

It is submitted that it is time for a major overhaul of the scope and focus of the Migration Act. This Submission also deals with exercise of powers of removal and deportation, with a focus on section 5of the Act. However, over recent weeks we have seen an increase in the number of clients (particularly New Zealand citizens) who have had their visas cancelled under a different section - section 116(1)(e). Section 5(3) provides that the Minister may cancel a visa where its holder does not pass the ‘character test’ — which may occur where, among other things, the person has a substantial criminal recor or the Minister reasonably suspects the person is associated with an organisation involved in criminal conduct — and where the visa cancellation would be in the. Under this provision, if the Minister or a delegate is not satisfied that a non-citizen passes the ‘character test’ they may—and in some cases must—cancel or refuse to grant a visa to the person.

Under Section 5of the Migration Act, the Minister has the power to cancel a person’s visa if they fail the ‘character test’. One of the reasons a person may fail the character test is because they have a substantial criminal record. This section does not apply to a decision under section 5, 501A, 501B or 501F to refuse to grant a visa to a person. This direction should come as no surprise considering the government has been on an anti-domestic violence blitz of late, and this additional step is one way of adding to that message. Additionally, under subsection 501(3) the Minister (but not a delegate) may refuse or cancel a visa without affording the person natural justice (such as notice of the intention to cancel or refuse the visa) if they ‘reasonably suspect’ the person does not pass the character test, and is satisfied the refusal or cancellation is in the national interest.

Under section 501F of the Migration Act, once a person’s application for a visa is refused or his or her visa is cancelled under section 50 all visas issued to that person, except for a protection visa or a type of visa specified in the Migration Regulations, are cancelle and all applications for visas other than a protection visa are deemed to be refused. An applicant can fail the character test if they have been sentenced to jail for more than months. These amendments introduce among other things, a new mandatory cancellation provision under section 5(3A).

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