Embattled Immigration Minister Andrew Giles has issued a new legal guidance to replace his contentious Direction 99 which allowed dozens of serious criminals to stay in Australia.
Under the change, community safety will be the overriding factor when immigration officials and tribunals consider whether to revoke or reinstate an individual’s visa.
Speaking to reporters in Melbourne, Mr Giles said the government had taken steps to strengthen the new order, known as Direction 110, so that it aligned with community expectations.
“The revised direction makes it clear that the safety of the Australian community is the Albanese government’s highest priority, and so includes this as a key principle of decision making,” he said.
“It also elevates the impact of victims of family violence and their families into one of the existing primary considerations reflecting the government’s zero-tolerance approach to domestic and family violence.”
Direction 110 supersedes the controversial Direction 99 which was issued by Mr Giles in early 2023 and required the Administrative Appeals Tribunal (AAT) to consider an individual’s community ties when reviewing deportation appeals.
The directive has been tied to several cases where non-citizen criminals had their visa cancellations overturned, allowing them to stay in Australia.
Among those who have had their visa cancellations overturned by the AAT are a New Zealand man who was convicted of raping his stepdaughter, a British man who attacked women on 26 occasions, and a Sudanese man who allegedly committed murder.
Levelling blame against the AAT for its interpretation of the existing direction, Mr Giles said “it is clear the AAT has made a number of decisions independently of government that do not reflect the government’s intent or meet community expectations.”
“This new revised direction makes crystal clear that the government expects the protection of the Australian community be given greater weight in visa decisions.”
The ministerial direction will come into effect on June 21, meaning the existing direction will remain in force for another 14 days.
Mr Giles said there was a small number of 10 cases which were currently under consideration, that would be decided under the existing direction.
“I’m looking at these cases very closely, and where appropriate, I will consider cancellation of any visas,” he added.
“I have put in place a 24 hour protocol where I’m being notified of any adverse AAT decisions. This has been in place for the last week or so, and has enabled me to consider the cancellation of visas in the national interest extremely promptly.”
Asked whether issuing the original Direction 99 was a mistake, Mr Giles refused to concede it was.
“What I’m saying now is that I’m delivering a very clear statement to decision makers and to the Australian community about the importance of the safety of the Australian community when it comes to these decisions,” he said.