Labor refuses to rule out backflipping on law designed to make it easier to deport immigrant sex predators, paedophiles and violent thugs
- New law gives government the ability to deport violent criminals – if it wants to
- Offences with penalties of up to two years’ jail trigger discretionary power
- Home Affairs strips visas after a one-year jail sentence under existing rules
- Law change gives government power to deport regardless of jail time served
- Labor refuses to rule out supporting the bill on Monday, suggesting a new stance
A proposed law to give the government more discretionary powers to deport convicted rapists, killers, pedophiles and violent thugs may now be backed by Labor.
Labor Senator Kristina Keneally on Monday would not rule out supporting the Migration Amendment (Strengthening the Character Test) Bill, reintroduced after Parliament reconvened following the election.
The Bill gives the government the power to kick out any convicted criminals who are not citizens and whose crime carries a potential jail sentence of two years or more, regardless of time served.
Rebels Bikie Aaron Graham (left) and Apex Gang member Isaac Gatkuoth (right) were both stripped of their visas under existing laws
On Monday, Labor’s position shifted as Opposition home affairs spokeswoman Kristina Kenneally would not rule out supporting the new laws, which appears to be a reversal of Labor’s previously reported stance
Under existing laws, the Department of Home Affairs must cancel visas when a non-citizen is jailed for at least a year.
Criminals already stripped of their visas under the current system include Apex gang member Isaac Gatkuoth, born in Sudan.
Bikies Danny Mousley, Alex Vella, Aaron Graham and Sonny Otene have also had their visas cancelled.
Both police and the Government are concerned that violent offenders sentenced to penalties of less than a year in jail can avoid being kicked out of the country.
Police Federation of Australia chief executive Scott Weber said he was concerned that courts may impose lesser sentences on offenders to stop them being deported.
‘The judiciary should be putting adequate sentences on these offenders and should not be concerned about it going over the 12-month threshold,’ Mr Weber told the Herald Sun.
Immigration Minister David Coleman said in October that the changes were aimed at criminals who pose a risk to the Australian community and would give the Government clear grounds to cancel a non-citizen’s visa if they were convicted of violent and sexual offenses.
‘The government will not tolerate criminal behaviour of noncitizens,’ he told Parliament.
‘This bill sends a clear and unequivocal message on behalf of the Australian community that entry or stay in Australia is a privilege granted only to those of good character.’
Outlaw bikie Danny Mousley had his visa stripped under existing laws so that he could be deported back to Britain
Labor opposed the legislation with MPs suggesting in February that they would reject the changes as the government already had the power to cancel visas on character grounds, the Herald Sun reported.
On Monday, Labor’s position shifted as Opposition home affairs spokeswoman Kristina Kenneally would not rule out supporting the Bill, which has been sent to the Legal and Constitutional Affairs Legislation Committee for inquiry and a report, which is due September 13.
‘The Government has never put this legislation forward for a vote in the Parliament,’ she told Daily Mail Australia.
Rebels bikie gang boss Alex Vella had his visa stripped and was shipped back to Malta under existing laws
‘Along with the Government, we await the report in September at the conclusion of the committee’s considerations.’
The Committee has already considered the legislation when it was first put before the Parliament last year.
In January it published a report recommending the legislation be passed despite concerns from advocacy groups, legal journal Lawyers Weekly reported.
As the Government has resubmitted the legislation to the Parliament it has also resubmitted it for review to the committee.
Daily Mail Australia asked the Department of Home Affairs whether the discretionary nature of the new powers would weaken the provisions of the legislation.
A Home Affairs spokesperson said the Bill would not affect the mandatory cancellation provisions that were introduced in 2014, and which will remain.
‘The Bill provides for an additional discretionary character test ground to consider refusing or cancelling a visa,’ the spokesperson said.