Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Hansard source

I thank senators for their contribution to the second reading debate on the Migration Amendment (Character and General Visa Cancellation) Bill 2014. I thank the Senate Standing Committee for the Scrutiny of Bills for their contribution in the consideration of the bill. I also thank the Senate Legal and Constitutional Affairs Legislation Committee for their reports on the bill. In relation to the committee's majority recommendations, I confirm that the work is underway on a new ministerial direction to replace ministerial direction 55 to reflect the proposed amendments to the Migration Act 1958 as they apply to character decision-making. Consideration will also be given to appropriate ministerial guidance in relation to the general visa cancellation provisions to address the committee's concerns.

The purpose of this bill is to strengthen 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 bill also introduces a mandatory cancellation power for noncitizens who objectively do not pass the character test and are in prison. This bill is part of the government's commitment to ensuring the protection of the Australian community and the integrity of our migration programs.

The current legislative framework for the character and general visa cancellation provisions has been in place for some time. Amendments are necessary to ensure that we keep step with modern jurisprudence. Further, with streamlined processes facilitating entry of temporary residents for economic and other purposes, it is clear that facilitation of entry at the visa application stage needs to be complemented with strong visa cancellation grounds and processes at the post-visa-grant stage. This includes having appropriate responses available where noncitizens in Australia do not abide by the law, including by breaching visa conditions or engaging in criminal activity or migration fraud.

Consistent with community views and expectations, the Australian government, unlike the Australian Greens, has a low tolerance for criminal, non-compliant or fraudulent behaviour by noncitizens. Entry and stay in Australia by noncitizens is a privilege, not a right, and the Australian community expects that the Australian government can and should refuse entry to noncitizens or cancel their visas if they do not abide by Australian laws. Those who choose to break the law, fail to uphold the standards of behaviour expected by the Australian community or try to intentionally mislead or defraud the Australian government should expected to have that privilege removed.

To meet this expectation, the government must not only have the ability to act decisively and effectively wherever necessary to deal with unlawful, fraudulent or criminal behaviour by noncitizens but also have the legislative basis to effect a visa cancellation or refusal for those noncitizens. The bill ensures that protection of the Australian community and integrity of migration programs is paramount. It is reasonable that if noncitizens do not abide by Australian laws then they forfeit their right to remain here. I commend the bill to the Senate.