Changes to what constitutes a ‘character concern’ - and the consequences for people who have had their visas cancelled under character grounds – quietly passed in February when the Australian parliament resumed for two weeks with attention focussed on energy policy and party vote-preference deals in the Western Australia.
As part of the Kaldor Centre’s series of Legislative Briefs, Khanh Hoang explains The Migration Amendment (Character Cancellation Consequential Provisions) Act 2017 (Cth). He outlines key issues including: procedural fairness concerns; the potential for double punishment; lack of disclosure of information to the visa holder; and ability to seek judicial review.
Immigration detention and the ASIO security clearance regime
Since 2009, the Immigration Minister has refused to grant protection visas to over 50 (mainly Tamil) refugees on the grounds that they have received an adverse security assessment from the Australian Security Intelligence Organisation (ASIO). As a consequence, they have been subject to indefinite immigration detention, with limited rights to review or access to the information used to make the assessment. This project examines the implications of this regime by exploring the experiences of those who have been subjected to it; the experiences of lawyers and advocates representing the detainees; and the impacts on detainees’ families and social networks.
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