Peter Dutton (Dickson, Liberal Party, Minister for Immigration and Border Protection) Share this | Hansard source

I move:

That this bill be now read a second time.

The Migration Amendment (Character Cancellation Consequential Provisions) Bill 2016 makes a number of amendments to give full effect to the substantive amendments made by theMigration Amendment (Character and General Visa Cancellation) Act 2014.

The character and general visa cancellation act significantly strengthened the character and general visa cancellation provisions in the Migration Act to ensure that noncitizens who commit crimes in Australia, pose a risk to the Australian community or represent an integrity concern are appropriately considered for visa refusal or cancellation.

The character and general visa cancellation act also introduced:

The consequential amendments set out in this bill will ensure that the mandatory cancellation related powers are reflected consistently and comprehensively throughout the Migration Act, according to the original intent of the changes made in late 2014. This will ensure that the government has the capability to proactively and robustly address character and integrity concerns.

In particular, the bill will ensure that confidential information that is critical to decision making under the new character cancellation provisions is given the same level of protection that is currently afforded to confidential information relating to other character provisions in the Migration Act.

This bill will also give full effect to the policy of mandatory cancellation, by putting beyond doubt that a noncitizen who is the subject of a mandatory character cancellation decision is available for removal from Australia if they do not seek revocation within the relevant time period, or are unsuccessful in having their visa reinstated.

Further, the bill seeks to strengthen our ability to identify noncitizens suspected of being of character concern by aligning the definition of 'character concern' in the act with the strengthened 'character test' in section 501.

Consistent with the original intent of the character and cancellation act, this will facilitate the lawful disclosure of noncitizens' identifying information where a noncitizen is suspected of being of character concern.

Finally, this bill demonstrates this government's clear and continuing commitment to ensuring that noncitizens who pose a risk to the Australian community are dealt with effectively, efficiently and comprehensively.

I commend the bill to the House.

Debate adjourned.

Ordered that the second reading be made an order of the day for the next sitting.

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