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Controversial immigration directive must be replaced

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Immigration Minister Andrew Giles says he will update a controversial ministerial directive that allows several migrants convicted of serious crimes to escape deportation.
Mr Giles has been under scrutiny since November last year, SBS chief political reporter Anna Henderson explains.
“In late November, the Supreme Court made a snap appeal on the NZYQ case, prompting the government to release 151 people from indefinite detention. Shortly afterwards came the first of many calls from the opposition for the Immigration Minister to resign or be sacked. Parliament was recalled before Christmas to rush through legislation in a bid to re-imprison the worst offenders, and in some cases impose ankle bracelets. The government has established a Community Protection Board, including law enforcement, to review cases.
And this year the problems in the immigration portfolio returned.
“Earlier this year the government tried and failed to pass another set of bills to anticipate a new hearing in ASF 17 case. An image was subsequently released by WA Police showing a shocking attack on a Perth grandmother Ninette Simons was documented. over a week later, it was revealed in national newspapers that one of the alleged attackers was part of the NZYQ cohort. The government then won, with the Supreme Court rejecting ASF17’s request, thus avoiding the release of more than 100 additional prisoners.
The latest issue relates to so-called Direction 99 – which requires the Administrative Appeals Tribunal to consider a person’s links with Australia when assessing visa revocation decisions.
Direction 99 was introduced last year by Mr Giles, following pressure from then New Zealand Prime Minister Jacinda Ardern to stop the deportation of New Zealanders who had spent most of their lives in Australia.
Earlier this week, the AAT announced its decision in the case of a man known as CHYC, reinstating the visa for the New Zealand man who pleaded guilty to raping his stepdaughter, citing his connection to Australia.
Liberal Senator Jane Hume says the tribunal’s decision is Giles’ responsibility.
“Instructing the AAT to make these considerations when deciding whether or not to revoke a visa should come as no surprise as there is incompetence after incompetence in this portfolio. Frankly, Anthony Albanese should stop running a protection organization. racket for Minister Giles and start protecting the Australian people.”
Following the opposition attacks, Mr Giles says an updated version of the directive will ensure greater consideration is given to community safety concerns.

“I will update Ministerial Directive 99, as the Prime Minister has just said. The new direction will ensure that all members of the ART* ((Administrative Review Tribunal)) will adopt a common sense approach to visa decisions. This means, first and foremost, ensuring that the protection of the community outweighs other considerations. This has always been the Albanian government’s top priority. The revised direction will also strengthen the principles of community safety in decision-making.

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