Purporting to amend the character provisions in the
Migration Act 1958 (Cth) ('the Migration Act'),
the
Migration Amendment (Strengthening the Character Test) Bill
2019 ('the Bill') significantly encroaches on the
doctrine of separation of powers through substantially widening the
Federal Executive's capacity to refuse or cancel the visas of
non-citizens who have committed certain offences. In spite of its
alleged purpose of protecting Australians from unacceptable risks,
the Bill adds nothing to the existing migration programme to
enhance society's safety, whilst unduly expanding the
Executive's discretion to refuse and cancel visas.
The existing powers conferred upon the Minister and his
delegates to refuse or cancel the visa of a non-citizen who has
committed an offence are extensive. At present, the character
provisions in the Migration Act allow for a visa to be refused or
cancelled where a non-citizen commits an offence and receives a
sentence of 12 months or
