Department of Home Affairs

The Content Of The File From Your Indexed File List Pcf2024/11 Strategic Management And Governance - Policy And Procedure Development - Review Of Ministerial Direction 99

FA 24/09/00632 Released 14 pages PDF

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This document contains ministerial talking points and background on Ministerial Direction 99, which commenced on 3 March 2023 and reformed character-related visa decision-making under section 501 of the Migration Act 1958. The Direction requires Department of Home Affairs and AAT decision-makers to treat long-term residence in Australia as a primary consideration when refusing or cancelling visas, or revoking mandatory cancellations for non-citizens. Decision-makers must weigh favourably the time a non-citizen spent ordinarily resident in Australia during formative years, balanced against conduct seriousness and community expectations. The policy addresses media reporting from December 2023 concerning individuals removed or facing removal to New Zealand. The talking points clarify that ministerial directions guide discretion rather than mandate specific decisions, and that the government remains committed to visa cancellation and removal where individuals pose community risk.

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