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 (Family Violence and Other Measures) Bill 2016 amends the Migration Actto introduce an assessable sponsorship framework for family sponsored visas.

Under the current system, sponsorship for family visas is assessed as part of the criteria for the grant of a visa. Arrangements vary across family visa products, but under current settings for most visas there is little focus on the character of the sponsor or the responsibility that attaches to their sponsorship.

In all instances under the existing arrangements, sponsors are required to give undertakings. However, these are considered to be 'unenforceable', because there is no consequence for noncompliance with these undertakings. Generally, these undertakings require the sponsor to assist the visa applicant, to the extent necessary, financially and in relation to accommodation, for two years from the date of grant of the visa or from the applicant's first entry into Australia as the holder of the visa.

Further, full character checks are a mandatory requirement for all visa applicants, but sponsors are required to provide police checks only when a minor child is included in the application.

In the sponsored family visa program and, in particular, the partner visa category, the lack of focus on sponsors has led to problems with:

Currently, all visas in the family stream have a sponsorship requirement as part of the criteria for grant of the visa. However, claims of family violence in the program and the lack of sponsorship enforcement mechanisms mean that government is moving to improve program integrity and to provide more suitable visa options for victims of family violence.

The improvements introduced with this bill will address these shortcomings by extending the sponsorship framework that currently applies to the temporary work sponsored visa program to the family sponsored visa program as well. Amongst other things, this framework requires the assessment and approval of sponsors, imposes statutory obligations on sponsors, provides for civil penalties and administrative sanctions for breaches of sponsorship obligations and facilitates the sharing of information between relevant parties. This framework consists of two elements:

1. Provisions in division 3A of part 2 of the act, which provide the necessary heads of power to implement the framework; and

2. Part 2A of the Migration Regulations, which prescribes details for and in relation to the operation of the framework.

The bill will extend relevant aspects of this sponsorship framework to apply to family sponsored visas in order to:

To give effect to this extended framework, amendments will be made to the Migration Regulations to:

The introduction of an assessable sponsorship framework for family sponsored visas will improve the integrity of the family sponsored visa program as it will:

I commend the bill to the House.

Debate adjourned.

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