May 30, 2024
Anthony Albanese is facing mounting pressure to sack Immigration Minister Andrew Giles amid revelations his ministerial direction has led to dozens of serial criminals remaining in Australia.
A Senate estimates hearing on Tuesday heard Mr Giles was warned by his department that his "Direction 99" changes, which gave non-citizens with ties to Australia greater leniency during visa decisions, would stop serious criminals from being deported.
Dozens who had their visas cancelled by the minister and his department had the decision overturned after appealing to the Administrative Appeals Tribunal, which cited the direction in its decisions.
The government is considering amending the direction, with Labor senator Murray Watt telling estimates on Wednesday cases where non-citizens with serious criminal convictions got their visas back were "not in line with the government's intention".
Mr Giles has repeatedly said it was the independent tribunal that made the decisions but Opposition home affairs spokesman James Paterson said Mr Giles and the government couldn't blame the AAT.
"If it was just one rogue tribunal member, or one decision, maybe you could blame the AAT. But now we have dozens - in fact more than 30 cases that the media has uncovered of serious violent criminals who have been allowed to stay in our country," Senator Paterson said. "And what those decisions have in common is they all point to this ministerial direction. . The only person who can take responsibility for this is ultimately Andrew Giles." Mr Giles has ordered an urgent review into how the direction was being used, but Senator Paterson said it was "too little, too late".
According to the latest reports from The Australian, a man accused of attacking 25 women and a child was allowed to keep his visa following Direction 99.
It's already been revealed that the AAT overturned dozens of decisions to cancel visas, including Sudanese national Emmanuel Saki, who was charged with stabbing a 22year-old in Queensland weeks after his visa was reinstated, and Lebanese-born Abdul Wahab Trad, who was accused of raping a 13-year-old girl in 2020.
Home Affairs Minister Clare O'Neil said Mr Giles was not at fault, and she was concerned by the tribunal decisions.
"It does appear that the decisions made by this independent tribunal are not meeting community expectations and not putting proper stead on the importance that we place on community safety," she said.
"So actually Minister Giles has stepped in here. He's taking action as a good minister would do." Mr Giles announced that he would urgently review the AAT's overturning of visa cancellations.
