Recommendation 273

Review the new federal Immigration laws so to take into consideration the humanitarian aspects of a possible expulsion of foreign citizens with permanent resident visas, especially if they do not speak the language of their citizenship or have no longer connections with the country of origin of their family

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State
Italy
Issue
Immigration and border protection
Counter-terrorism
Domestic legal, institutional and policy frameworks
Population group
Migrants, refugees and asylum seekers
Australian Government Agency and/or Jurisdiction
  • Department of Home Affairs
Australia's Response
Accepts
Australia's Position

Everyone who wants to enter or stay in Australia must satisfy the character requirement as set out in Section 501 of the Migration Act 1958 (the Act). This includes all non-citizens seeking to enter or stay in Australia.

Entering or remaining in Australia is a privilege, and it is expected that non-citizens are, and have been, law-abiding. Visa holders must continue to satisfy the character requirement.

When a person does not pass the character test, the Minister or his delegate will decide whether or not to refuse the application or sponsorship, or to cancel their visa. When making this decision, a wide range of factors will be considered, including the protection of the Australian community, the best interests of any minor children in Australia who may be affected by a decision to refuse or cancel the person's visa and expectations of the Australian community. Other factors are also considered, such as Australia's international legal obligations, the impact of visa refusal or cancellation on a person's family in Australia, any impact on Australian business interests and the impact on the Australian community if a visa were to not be refused or cancelled.

For more information on immigration laws visit the Department of Home Affairs website.