Introduction to Ministerial Direction 110
On June 7, 2024, Minister Andrew Giles signed Ministerial Direction 110, a pivotal update to Australia’s migration policies aimed at enhancing community safety. This new direction is set to commence on June 21, 2024, replacing the previous Direction 99.
Key Principles of Ministerial Direction 110
Ministerial Direction 110 is guided by two primary principles: the protection of the Australian community and the application of common sense in visa decisions. The government emphasises that community safety is its highest priority, reflecting a zero-tolerance approach towards family and domestic violence.
Enhanced Considerations for Visa Decisions
Under this new direction, greater weight is given to community protection when assessing visa applications and cancellations. Key changes include:
- Elevated Importance of Family Violence Impact: The new direction elevates the impact on victims of family violence and their families into one of the primary considerations. This change aligns with the government’s commitment to protecting vulnerable individuals and reflects a societal intolerance for family violence.
- Focus on Community Safety: The privilege of entering or remaining in Australia is based on abiding by and respecting Australian laws and institutions. Any non-citizen who raises character concerns will face strict scrutiny under this policy.
Detailed Considerations for Decision-Makers
Ministerial Direction 110 provides a framework for decision-makers, including:
- Nature and Seriousness of Conduct: The direction specifies that crimes such as family violence, violent crimes, and sexual offences against women and children are viewed with utmost severity.
- Risk Assessment: Decision-makers are required to assess the potential risk a non-citizen poses to the Australian community if allowed to stay.
- Duration and Nature of Ties to Australia: Consideration is given to the strength, nature, and duration of a non-citizen’s ties to Australia, with more tolerance shown towards those who have lived in Australia from a young age or for most of their lives.
For more detailed information, you can access the full text of Direction No. 110 here.
Conclusion
Ministerial Direction 110 marks a significant step towards ensuring that Australia’s migration system prioritises the safety and well-being of its citizens, reinforcing the government’s commitment to maintaining stringent character assessments for non-citizens.
For a detailed discussion of how these changes could impact you or your business, and to stay updated with the latest immigration policies, please contact our expert team at admin@absoluteimmigrationlegal.com to arrange an online consultation.