MIGRATION LEGISLATION AMENDMENT (PROVISIONS RELATING TO CHARACTER AND CONDUCT) BILL 2006 [2008]

i Migration Legislation Amendment (Provisions Relating to Character and Conduct) Bill 2006

No. , 2006

Contents

Short title ............................................................................................ 1

Commencement................................................................................... 1

Schedule(s) .......................................................................................... 1

Schedule 1--Amendment of the Migration Act 1958

Migration Legislation Amendment (Provisions Relating to Character and Conduct) Bill 2006

No. , 2006 1

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repealed as set out in the applicable items in the Schedule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

2 Migration Legislation Amendment (Provisions Relating to Character and Conduct) Bill

2006 No. , 2006

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

(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

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.

Amendment of the Migration Act 1958 Schedule 1

Migration Legislation Amendment (Provisions Relating to Character and Conduct) Bill 2006

No. , 2006 3

(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.

Schedule 1 Amendment of the Migration Act 1958

4 Migration Legislation Amendment (Provisions Relating to Character and Conduct) Bill

2006 No. , 2006

(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.

Commonwealth of Australia Bills

MIGRATION LEGISLATION AMENDMENT (PROVISIONS RELATING TO CHARACTER AND CONDUCT) BILL 2006 [2008]