This bill did not become law and is no longer proceeding.
Immigration, border & security
The bill would let Australia refuse or cancel a non-citizen's visa on a new character-test ground if they were convicted of certain serious offences and are seen as a risk to community safety.
A 2017 parliamentary migration report found the character testThe migration rule Australia uses to decide whether a non-citizen is suitable to hold a visa, which this bill would tighten by adding a new serious-offence ground. lacked a clear ground to catch non-citizens convicted of serious violent, sexual, protection-order, or weapon offences. The bill creates that new ground so visas can be refused or cancelled in those cases, while leaving the final decision to the minister or a delegateAn authorised official who can make the visa decision on the Minister's behalf in individual cases..
Australia already had a visa character testThe migration rule Australia uses to decide whether a non-citizen is suitable to hold a visa, which this bill would tighten by adding a new serious-offence ground. under the Migration ActThe main law that sets the rules for visas and character-based refusal or cancellation powers, and the bill would amend this Act., but a 2017 parliamentary migration report said it did not clearly capture some non-citizens convicted of serious violent, sexual, protection-order or weapon offences. The bill introduced in February 2023 responded by creating a new designated-offence ground for possible visa refusal or cancellation while keeping ministerial discretionThe Minister's power to decide whether to refuse or cancel a visa after considering the facts, rather than doing it automatically., but it did not pass and was removed from the Notice PaperThe parliamentary list of business to be considered; if a bill is removed from it, the bill is no longer proceeding in the chamber. in September 2023.
No significant public case against the bill is recorded so far, beyond a limited concern that tougher character-test powers still depend on sound case-by-case decisions and a migration system able to apply them fairly. The material here shows support from the opposition and does not record any party represented in the debate opposing the bill, so any criticism appears narrow and mainly about implementation risk.
Dan Tehan MP introduced this bill. Speeches supporting it came from Liberal Party.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
No final passage
The bill has not completed passage and is no longer proceeding.
Time before failure
204 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
The bill would let Australia refuse or cancel a non-citizen's visa on a new character-test ground if they were convicted of certain serious offences and are seen as a risk to community safety.
The bill would add a new rule covering serious offences in Australia or overseas, including violent crimes, non-consensual sexual offences, breaches of personal protection orders, and weapon offences.
The bill would only catch offences serious enough to carry a maximum penalty of at least two years in prison, rather than every lower-level offence.
The bill would not make visa refusal or cancellation automatic, because the Minister or a delegateAn authorised official who can make the visa decision on the Minister's behalf in individual cases. would still decide each case after weighing the offence, the sentence, and other relevant factors.
The bill would exclude ordinary common assault from this new ground unless it caused physical or mental harm or involved family violence.
The Migration Amendment (Strengthening the Character Test) Bill 2023 (the Bill) amends the Migration Act 1958 (the Migration Act) to ensure that non-citizens who are convicted of certain serious offences, and pose a risk to the safety of the Australian community, do not pass the character test and may be appropriately considered for visa refusal or cancellation.Migration Amendment (Strengthening the Character Test) explanatory memorandum
The Bill strengthens the character test in section 501 of the Migration Act by providing a new specific and objective ground to consider visa refusal or cancellation where a non-citizen has been convicted of certain serious offences against Australian or foreign laws involving violence against a person (including murder, kidnapping and aggravated burglary), non‑consensual sexual acts, breaching of an apprehended violence order (or similar) or weapons.Migration Amendment (Strengthening the Character Test) explanatory memorandum
introduce a designated offence ground to the character test in section 501 of the Migration Act. A designated offence would be an offence punishable by at least a maximum sentence of no less than two years’ imprisonment, involving:Migration Amendment (Strengthening the Character Test) explanatory memorandum
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 section 501 of the Migration Act to refuse to grant 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 to grant or cancel a visa but would not dictate the outcome of the exercise of the discretion.Migration Amendment (Strengthening the Character Test) explanatory memorandum
provide that, for an offence involving violence against a person, a person’s conviction for an offence of common assault, or equivalent, will not be taken to be a conviction for a designated offence unless the act constituting the offence:Migration Amendment (Strengthening the Character Test) explanatory memorandum
Context
Australia already had a visa character testThe migration rule Australia uses to decide whether a non-citizen is suitable to hold a visa, which this bill would tighten by adding a new serious-offence ground. under the Migration ActThe main law that sets the rules for visas and character-based refusal or cancellation powers, and the bill would amend this Act., but a 2017 parliamentary migration report said it did not clearly capture some non-citizens convicted of serious violent, sexual, protection-order or weapon offences. The bill introduced in February 2023 responded by creating a new designated-offence ground for possible visa refusal or cancellation while keeping ministerial discretionThe Minister's power to decide whether to refuse or cancel a visa after considering the facts, rather than doing it automatically., but it did not pass and was removed from the Notice PaperThe parliamentary list of business to be considered; if a bill is removed from it, the bill is no longer proceeding in the chamber. in September 2023.
Parliamentary migration report identifies a gap in the character testThe migration rule Australia uses to decide whether a non-citizen is suitable to hold a visa, which this bill would tighten by adding a new serious-offence ground.
A Joint Standing Committee on MigrationThe parliamentary committee whose 2017 report identified a gap in the character test and helped prompt this bill. report recommended changing visa character provisions so serious offending by non-citizens could be addressed more clearly under cancellation powers.
Migration Amendment (Strengthening the Character Test) explanatory memorandum ↗Bill introduced to add a new serious-offence visa ground
The bill was introduced to create a specific ground covering serious violent, sexual, protection-order and weapon offences, with decisions on refusal or cancellation still left to the minister or a delegateAn authorised official who can make the visa decision on the Minister's behalf in individual cases..
Australian Parliament House ↗Bill is removed from the Notice PaperThe parliamentary list of business to be considered; if a bill is removed from it, the bill is no longer proceeding in the chamber.
The bill was removed from the Notice PaperThe parliamentary list of business to be considered; if a bill is removed from it, the bill is no longer proceeding in the chamber. under standing order 42A parliamentary rule cited for removing the bill from the Notice Paper, which ended its progress., leaving the proposed new character-test ground unpassed.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Key criticism
No significant public case against the bill is recorded so far, beyond a limited concern that tougher character-test powers still depend on sound case-by-case decisions and a migration system able to apply them fairly. The material here shows support from the opposition and does not record any party represented in the debate opposing the bill, so any criticism appears narrow and mainly about implementation risk.
No significant public case against the bill is recorded so far.
Votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Start here — lead voices
Tehan समर्थन करता है the bill and says it is a commonsense way to strengthen the character testThe migration rule Australia uses to decide whether a non-citizen is suitable to hold a visa, which this bill would tighten by adding a new serious-offence ground. so noncitizens who commit serious violent or sexual offences can be refused or cancelled visas.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“I encourage the government to support this bill. The current immigration minister raised concerns about this bill when he voted for it in the House two years ago. Those concerns have been addressed in this legislation. There is nothing to stop him and the government supporting this bill.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Removed from the Notice Paper in accordance with (SO 42)
Removed from the Notice PaperThe parliamentary list of business to be considered; if a bill is removed from it, the bill is no longer proceeding in the chamber. in accordance with (SO 42)
The bill reached this recorded parliamentary step.
