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DAN TEHAN MP
FEDERAL MEMBER FOR WANNON
SHADOW MINISTER FOR IMMIGRATION AND CITIZENSHIP

MEDIA STATEMENT | STRENGTHENING THE CHARACTER TEST

Home / Shadow Ministry / MEDIA STATEMENT | STRENGTHENING THE CHARACTER TEST

We are lucky to live in Australia. It is a free, democratic country founded on liberal ideals of human dignity, freedom and equality and blessed with the best climate and lifestyle on the planet.

In Australia, everyone has the opportunity to pursue their dreams and achieve their potential.

As Australia Day approaches, those of us who are lucky to be citizens should be grateful for our blessings.

Those who choose to come to Australia to live, study and work are also lucky. They are welcomed into our communities and homes as neighbours and friends.

Australians rightly expect everyone who lives here to respect our values and our laws. We reserve the right to act against those that act otherwise.

The primary job of any government should be the protection of its citizens.

The Coalition believes that a non-citizen that commits violent or sexual offences in Australia should lose the privilege of living here.

When the Coalition was in government, we refused or cancelled 10,206 visas under the character provision of the Migration Act, including 335 who were Outlaw Motorcycle Gang members, associates, or organised crime figures. We did this to keep Australians safe.

We stand in stark contrast to Anthony Albanese, who has already said that his Labor Government will soften its approach to New Zealand citizens who commit crimes in Australia, allowing convicted criminals to remain in our country.

In the first sitting period of Parliament this year, I will reintroduce legislation to strengthen further the character test provisions in the Migration Act 1958.

This will allow the Government to consider visa cancellation or refusal where a non-citizen has been convicted of offences involving violence against a person, weapons, breaching of an apprehended violence order or non-consensual sexual acts.

The Coalition introduced this legislation in the last Parliament. The Bill passed the House of Representatives but did not pass the Senate before the 2022 election.

We want to toughen the character test provisions to broaden the circumstances in which visas may be cancelled and refused and reduce the likelihood of such decisions being overturned on appeal.

The legislation will empower the immigration minister to consider the sentence that a crime attracts rather than the sentence that the criminal receives. This is a more objective approach.

It will also deter judges from providing shorter sentences, so that convicted criminals avoid falling foul of the character test provisions.

The Australian people expect that a guest in this country who commits crimes of violence or a sexual nature should forfeit their right to remain in Australia — or at the very least, their actions will cause the authorities to look at their visa status.

The powers in this private Member’s bill are discretionary; the government of the day will not be forced to act against any individual.

For too long, Labor opposed the Coalition’s policies to stop the boats and keep our borders secure. They reluctantly adopted Operation Sovereign Borders after we had done the hard work and borne the criticism for a necessarily tough response.

Labor can demonstrate they have learned from that failure on national security and use its numbers in the lower house and the Senate to pass the Bill quickly.

At five minutes to midnight, in the previous Parliament, then Labor Home Affairs spokesperson Kristina Keneally committed Labor to support this legislation. Labor leader Anthony Albanese even voted to pass the Bill.

The Bill has not changed. If it was a good policy that Labor supported in the last Parliament, it’s a good policy that Labor should support now.

The Coalition is in opposition. This legislation is not being introduced for our use; it’s being introduced because it’s in the interests of our community.

An Australian visa is a privilege, and that privilege shouldn’t extend to people who commit crimes against us.

Labor can rely on the Coalition’s numbers to support the passage of this legislation which will give the government of the day more discretion to act against non-citizen criminals and to make Australia a safer place to live.

If Labor backs this Bill, it will be Immigration Minister Andrew Giles who can act to defend our values and ensure the safety of our citizens. If he does so, victims of crime will thank him.

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By Dan Tehan
January 16, 2023
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