Refugee Council of Australia
Parliament House, Canberra

Submission to the inquiry into the review processes associated with visa cancellations made on criminal grounds

Our recommendations

Recommendation 1

The Migration Act should be amended to prohibit the cancellation of visas for people who are owed non-refoulement obligations.

Recommendation 2

The Migration Act should be amended to streamline the process of visa cancellations under s 501 by:

(a) Ensuring a robust initial decision-making process by the Department of Home Affairs, including through ensuring procedural fairness by enabling them to know and address the evidence against them
(b) Ensuring adequate timelines for review and appeal
(c) Restoring full merits review to the Administrative Appeals Tribunal, in accordance with general principles of administrative law
(d) Restoring the jurisdiction of the courts to review decisions according to the general administrative law grounds available under the Administrative Decisions (Judicial Review) Act, and
(e) Removing the extraordinary powers of the Minister to make personal decisions and to substitute his or her own decision for that of a delegate or Tribunal, other than where the decision is more favourable to the person involved.

Read the full submission

Visa Cancellations Review Processes
Size : 984.9 kB Format : PDF

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