Department of Home Affairs

Documentation Produced In The Preparation For The Document Titled "ministerial Direction On Character Related Visa Decision Making - New Primary Consideration" With PDMS Ref. Number: MS22-002716 ​

FA 24/05/01840 Released 5 pages PDF

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Documentation prepared for Ministerial Direction 99 regarding character-related visa decision-making. The direction would require decision-makers to treat long-term residence in Australia as a primary consideration in character visa refusals, discretionary cancellations, and mandatory cancellation revocations. Specifically, decision-makers must weigh in the non-citizen's favour the length of ordinary residency, particularly where formative years were spent in Australia, and must consider impacts on dependent children who are Australian citizens or permanent residents. These factors would be balanced against conduct seriousness, recidivism risk, and community expectations. The Department conducted a desktop exercise testing the draft direction using sample cases, with refinements being made to the principles section in consultation with the Minister's office and legal division. A final version was pending completion.

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