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Visa cancellations will be personally decided by Scott Morrison

January 2014, 13
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The visas of residents who are undesirable will be personally cancelled by Scott Morrison, the Immigration Minister and those people who have any right to appeal also.


This has been announced after the AAT didn't allow the deportation of Sean Gabriel the New Zealander who had helped in the 2008 violent robbery of a famous doctor of Melbourne Mukesh Haikerwal long with 4 other people.

The department made this decision and Mr Gabriel appealed to the AAT stating that he would have a lot of difficulty adjusting to the life in New Zealand and must be allowed to continue living in Australia.

Dr Haikerwal criticised this decision and said that the victims rights were not being taken into consideration at all.

AAT does not have the decision to review this and Scott Morrison will cancel people's visas based on the grounds of character personally.

This rules have been brought in as the AAT allowed another Vietnamese man to remain in Australia even after he had a criminal record.

The 40 yr old man Tuan Anh Hoang made an appeal on his cancelled visa and was successful although he had a criminal record of 17 years which included robberies, thefts, dishonesty crimes, weapon offences all because of his addiction to heroin.

Brian Tamberlin, then AAT deputy president said that the man could stay in Australia as he had strong family connections in the country though there was a possibility that he could repeat the offence that he has committed.

Brian Tamberlin said that Mr Hoang has had ties with Australia for 20 years and considering that duration and the degree of the ties the need for the protection of the Australian community has been outweighed.

Mr Morrison's spokeswoman said that advice was being considered in both the situations.

A department official was given the task of visa cancellations on character grounds by the previous government.

She said that if the Minister had taken the decision to cancel Mr Gabriel's visa AAT would not have had the chance to review it.

All visa cancellations and refusals that are being made on the basis of character grounds should be sent to him for referral called on the Immigration minister Scott Morrison.

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