Current Update – 11 March 2021
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke announced a new Ministerial Direction (MD) 90 has been issued – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA.
Ministerial Direction 90 requires crimes or conduct involving family violence to be given primary consideration in decisionmaking. The following crimes or conduct are to be considered as very serious:
- violent and/or sexual crimes
- crimes of a violent nature against women and children, regardless of the sentence imposed
- acts of family violence, regardless of the sentence imposed (a broad list of examples of actions that may be considered family violence are provided).
The following crimes or conduct are consider to be serious:
- causing a person to enter into a forced marriage, regardless of whether convicted of an offence or the sentence imposed
- crimes against vulnerable people such as the elderly, disabled, government representatives or officials
- crimes committed in immigration detention, during an escape or after escape from a detention centre
- crimes against humanity, people trafficking and worker exploitation
The new MD 90 comes into effect on 15 April 2021 and MD 79 remains in effect until that time.
The full Ministerial Direction 90 is available here but is not yet available on Legend.