The Federal Government recently announced an inquiry into the visa cancellation review process for those who have their visa cancelled under s501 of the Migration Act – refusal or cancellation of a visa on character grounds. Rebecca Powell and Leanne Weber from the Border Crossing Observatory drafted a submission to the Joint Standing Committee on Migration Review Processes Associated with Visa Cancellations Made on Criminal Grounds.
The Inquiry ToR has a focus on efficiency of the review process, duplication and scope of the Administrative Appeals Tribunal's jurisdiction to review ministerial decisions. Powell and Weber argued that focusing on efficiency alone, without considering fairness and effectiveness, resulted in an unjust system. They recommended a more evidence-based approach to assessing risk, greater emphasis on prospects for rehabilitation and the human impacts of deportation, and a reduction in the exercise of executive power, which is used in the criminal deportation system to an extent that is unparalleled within the criminal justice system.
Rebecca’s PhD investigates the deportation of New Zealanders under s501 of the Migration Act whilst Leanne’s Future Fellowship includes a study on internal border policing of non-citizens from other nationalities.