Revised Directive Emphasizing Community Safety in Visa Cancellations

Australian Immigration Minister Andrew Giles has issued a new ministerial direction that will prioritize community safety when decisions on visa cancellations are being considered.

This comes after the Administrative Appeals Tribunal (AAT) overturned several visa decisions made under the previous Direction 99 that allowed several dozen non-citizen criminals to remain in Australia. It prioritized a foreign national’s ties with Australia when deportation appeals were being reviewed.

Superseding Direction 99, Direction 110 will give “greater weight” to community safety. The new directive was signed on June 7 and will come into effect on June 21.

“The revised Direction makes it clear that the safety of the Australian community is the government’s highest priority—and includes this as a key principle of the decision-making framework.

“It elevates the impact on victims of family violence and their families into one of the existing primary considerations, reflecting the government’s zero-tolerance approach to family and domestic violence.”

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Mr. Giles told reporters on June 7 that there were still 10 cases before the AAT that would be considered under the existing Direction 99, and the minister confirmed that he would monitor the cases closely if the tribunal reinstates their cancelled visas.

“Where appropriate, I’ll consider cancellation of any visas granted back in the national interest,” Mr. Giles said.

The minister confirmed that since May 27, he had cancelled 40 visas in the national interest.

Appeals Tribunal Overturns Minister’s Decisions

More than 30 non-citizens have had their visa cancellations reversed by the AAT under Direction 99, which prioritizes a person’s connections to Australia.

Among them are a British man who attacked women on 26 occasions, a Sudanese man who allegedly committed murder, and a New Zealand man convicted of raping his stepdaughter.

Direction 99 was put in place after Prime Minister Anthony Albanese promised in 2022 that his government would stop deporting people who spent most of their lives in Australia but were born in New Zealand and unable to become Australian citizens.

On May 30, New Zealand Prime Minister Christopher Luxon spoke with Mr. Albanese, saying that he was concerned over the decision to revoke Direction 99.

“We understand Australia is a sovereign nation and it can make its own decisions, but we have great concern about that decision because we don’t think that people who have very little attachment to this country but with strong connections to Australia should be deported here,” Mr. Luxon told reporters on May 31.

However, Mr. Giles maintains that Direction 99 was not a mistake.

“What we’ve seen in … the three separate directions that were in place under the former government, was that connection to Australia has always been treated quite seriously by decision makers,” he told reporters.

“Similar conditions rose under former directions, and what I’m saying now is that I am 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 visa directions.

“The advice we had around the direction has not been reflected in AAT decision-making.

“That is why we are acting promptly to ensure that decision makers are equipped and indeed are informed as to the basis upon which they should be approaching these considerations.”