1
Our Plan
Real Solutions
for all Australians
The direction, values and policy priorities of the next Coalition Government.
The Coalition’s Policy
to Protect Our Streets
and Communities from
Foreign Criminals
June 2013
Our Plan
s
Real Solution ns
for all Australia
n, values and
The directio
s of the next
policy prioritie
ment.
Coalition Govern
The Coalition’s Policy to Protect Our Streets and Communities from Foreign Criminals
2
KEY POINTS
• A Coalition Government will take strong action to crack down on
foreign criminals operating in Australia.
• We will implement tough laws to cancel visas held by non-citizens
who commit certain crimes punishable by more than one year in
jail. Cancellation administrative appeal rights will no longer be
available, except in special circumstances.
• Non-citizens who commit crimes should not be able to exploit
taxpayer funded legal processes in order to remain in Australia.
Our Plan
s
Real Solution ns
for all Australia
n, values and
The directio
s of the next
policy prioritie
ment.
Coalition Govern
The Coalition’s Policy to Protect Our Streets and Communities from Foreign Criminals
3
THE ISSUE
Australians expect that non-citizens will live by the same rules and abide by the same laws
as everyone else.
Our existing immigration laws support this expectation, by cancelling the visa for noncitizens who are convicted of a crime and sent to jail. The laws also stop convicted criminals
from entering Australia and allow the cancellation of a visa on the grounds of ‘character.’
However, there are several problems with the existing laws that allow foreign criminals to
remain in Australia. For example:
• There are avenues for an administrative or judicial review of the decision to
cancel a visa which can take many years to complete, are costly, and take up
valuable court time;
• A visa will only be cancelled if a non-citizen is convicted of a crime and sentenced
to more than one year in jail; and
• Non-citizens involved in unacceptable activity while being assessed for a visa,
such as engaging in criminal or wilful damage to detention centres while
awaiting assessment, are given permanent visas.
Under Labor, there have been numerous examples of failure. For example:
• Those who sabotaged Suspected Illegal Entry Vessel 36 in 2009, causing five
deaths, received permanent visas;
• A non-citizen who described himself as a “walking time bomb”, spent 15 of a
total 18 years in Australian jails for violent crimes including assaulting police,
beating a prison guard with a shower rail, and stabbing a security guard in
circumstances described by a sentencing judge as “completely unprovoked” was successful in a legal aid funded appeal and remained in Australia;
• Detainees, who rioted at Villawood and Christmas Island in 2011 causing almost
$20 million of damage, received permanent protection visas; and
• A non-citizen who had been convicted of the manslaughter of a police officer
successfully appealed a decision to cancel his visa, an outcome only overturned
after special ministerial intervention.
The Australian community accepts that it is appropriate to provide support for immigrants
but they do not accept the exploitation of our systems and legal processes in order to remain
in Australia.
Our Plan
s
Real Solution ns
for all Australia
n, values and
The directio
s of the next
policy prioritie
ment.
Coalition Govern
The Coalition’s Policy to Protect Our Streets and Communities from Foreign Criminals
4
THE PLAN
The Coalition will move to protect our streets and communities from foreign criminals and
non-citizens who break the law.
An effective deterrent against criminal activity
A Coalition Government will amend the laws to provide an effective deterrent against
criminal activity amongst non-citizens. Our changes will mean that:
• Non-citizens whose visas are cancelled due to being convicted of a criminal
offence carrying a potential sentence of more than 12 months, but having being
sentenced to less than 12 months, would not be allowed to return to Australia for
twenty years. Those sentenced to 12 months or more would continue to face a
life ban.
• Non-citizens in immigration detention will be denied eligibility for a visa of any
type if they are found to have engaged in criminal activity or wilful damage while
detained. There will be significantly restricted rights to appeal a cancellation
made in these circumstances.
Tougher rules for criminal activity
The Coalition will move to protect our streets and communities from foreign criminals and
non-citizens who break the law. Our changes will mean that:
• Non-citizens can have their visa cancelled if convicted of particular criminal
offences punishable by a penalty of more than one year in jail. This would
change the current rule that provides visa cancellation only where a non-citizen
has actually been sentenced to serve more than one year in jail.
This rule will not apply to a limited number of crimes as defined by ANZOC,
including some minor public order offences or other miscellaneous offences.
• The capacity of non-citizens to administratively challenge cancellation of visas
would be removed. This will mean that there would be no administrative review
process available to the non-citizen, reducing cost and time, making better use
of our legal resources and institutions.
Limited administrative appeal rights will only apply in special circumstances,
including those who have resided in Australia for ten years or more (or for periods
that, when added together, total 10 years or more) or those with a dependent child
born in Australia.
Our Plan
s
Real Solution ns
for all Australia
n, values and
The directio
s of the next
policy prioritie
ment.
Coalition Govern
The Coalition’s Policy to Protect Our Streets and Communities from Foreign Criminals
5
• Those who have their visa cancelled will be detained until such time as they
can be removed or deported. Criminal non-citizens will be deported swiftly
and receive priority attention. Deportation will only occur once an imposed jail
sentence has been discharged.
• Those eligible to challenge a visa cancellation will be subject to strict time limits
so as to avoid delay. They will remain detained until such time the challenge
has been heard and determined.
THE CHOICE
The Coalition is committed to ensuring that non-citizens observe the same rules as
Australian citizens and that our community is safe from foreign criminal threats.
The community expects that those who come to Australia will observe the relevant laws.
Encouraging a better understanding of the rules and providing effective deterrents to
discourage criminal conduct are a key part of ensuring a cohesive, safe, inclusive society
and a stronger community.
An elected Coalition Government will ensure that our laws reflect and maintain community
expectations and ensure our borders are safe and secure.
A re-elected Labor Government will only mean more policy failures. Under Kevin Rudd and
Julia Gillard our streets have become less safe and our borders less secure.
It was Labor that cut $58 million from cargo screening at our ports and airports, allowing
more guns and illicit drugs into the community. It was Labor that cut $265 million from the
Australian Federal Police and froze proceeds of crime money that was used by the Howard
Government to support community safety programmes.
Labor has been a soft touch. Far too often, non-citizens committing criminal acts are able
to stay in Australia. The scale of non-citizen arrivals has overwhelmed the government’s
capacity to conduct proper security checks on asylum-seekers.
A Coalition Government will ensure our borders are secure, community expectations are
met, and our streets are safe.
Authorised and printed by Brian Loughnane, for the Liberal Party, cnr Blackall and Macquarie Sts, Barton ACT 2600. June 2013.
Our Plan
s
Real Solution ns
for all Australia
n, values and
The directio
s of the next
policy prioritie
ment.
Coalition Govern
The Coalition’s Policy to Protect Our Streets and Communities from Foreign Criminals