Ministerial Direction 99

Ministerial Direction No. 99 was introduced on and enforced since 23 January 2023 in relation to visa cancellations and refusals under section 501 and revocations of mandatory visa cancellations under section 501CA of the Migrations Act 1958. It imposes strong measures against domestic violence perpetrators. 

The primary considerations as per Ministerial Direction No. 99 include: 

  • Protection of the Australian community from criminal or other serious conduct
  • Whether the conduct engaged in constituted family violence
  • Strength, nature and duration of ties to Australia
  • Best interests of minor children in Australia
  • Expectations of the Australian community

 

Protection of the Australian community from criminal or other serious conduct 

  • Nature and seriousness of the non-citizen’s conduct to date 
  • Risk to the Australian community if the non-citizen commits further offences or engage in other serious conduct 

 

Best interests of minor children in Australia 

  • Nature and duration of the relationship between the child and the non-citizen. Less weight should generally be given where the relationship is non-parental, and/or there is no existing relationship and/or there have been long periods of absence, or limited meaningful contact (including whether an existing Court order restricts contact) 
  • Extent to which the non-citizen is likely to play a positive parental role in the future, taking into account the length of time until the child turns 18, and including any Court orders relating to parental access and care arrangements 
  • Impact of the non-citizen’s prior conduct, and any likely future conduct, and whether that conduct has, or will have a negative impact on the child 
  • Likely effect that any separation from the non-citizen would have on the child, taking into account the child’s or non-citizen’s ability to maintain contact in other ways 
  • Whether there are other persons who already fulfil a parental role in relation to the child 
  • Any known views of the child (with those views being given due weight in accordance with the age and maturity of the child) 
  • Evidence that the non-citizen has abused or neglected the child in any way, including physical, sexual and/or mental abuse or neglect 
  • Evidence that the child has suffered or experienced any physical or emotional trauma arising from the non-citizen’s conduct 

 

Expectations of the Australian Community 

  • Whether the nature of the character concerns or offences are such that the Australian community would expect that the person should not continue to hold a visa 

 

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