Character test used to deport thousands from Australia doesn’t apply to refugees

Refugees who have been refused a visa or had their visa cancelled on character grounds could now challenge the government’s decision.

Federal Government warns that the working holiday makers or expatriates who flout the COVID-19 safety plan may face the deportation. Source: SBS

The federal government’s power to detain and deport refugees who commit crimes in Australia has been severely curtailed by a federal court ruling.

 

The government has been increasing its use of a strict character test to cancel or deny visas to thousands of non-citizens, including refugees, since the criteria was strengthened in 2014.

 

But in a judgement handed down on Christmas Eve as part of the case of a Tamil refugee held in detention for more than 10 years, Justice Steven Rares said the controversial character provisions in Section 501 of the Migration Act do not apply to refugees.