Ministerial Direction 110 – Key Changes and Implications

Ministerial Direction 110: Visa Refusal and Cancellation Updates

 

The Australian government has introduced a new Ministerial Direction 110, focusing on the refusal and cancellation of visas under section 501 of the Migration Act 1958 and the revocation of mandatory cancellations under section 501CA. This new direction places the primary focus on the protection of the Australian community when making decisions about visa refusals or cancellations.

 

Key Changes in Ministerial Direction 110:

  • Primary Focus on Community Safety: A new item emphasizes that the safety of the Australian community is the highest priority.
  • Amendments to Tolerance Levels: Consideration continues to be given to the duration of stay for non-citizens, particularly for those who have spent a significant amount of time in Australia.
  • Family Violence Considerations: New clauses highlight the seriousness of certain conduct, such as family violence, impacting decisions on visa cancellations and refusals.
  • Decision-Making Process: The safety of the Australian community should be given greater weight.
  • Strength, Nature, and Duration of Ties: Decision-makers must consider the strength, nature, and duration of the non-citizen’s ties to Australia.

 

As a result, primary considerations would be given to:

  • Protection of the Australian Community: Emphasizes the government’s commitment to protecting the community from criminal activity or other serious conduct by non-citizens.
  • Nature and Seriousness of Conduct: New item includes consideration of the impact of offending on victims and their families.

 

Implementation:

Ministerial Direction 110 will replace the previous Direction 99, starting from 21 June 2024. Decision-makers will now prioritize community safety in their considerations for visa refusals, cancellations, and revocations.

 

For more details, you can visit the official announcement.

 

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