Home Affairs staff using the Albanese Government's Ministerial Direction 99 did not cancel the visas of 66 criminal non-citizens, including rapists, child sex offenders, violent offenders, and domestic violence offenders.
It has already been reported that Administrative Appeals (AAT) Members allowed 97 criminal non-citizens to remain in Australia because of Labor's Ministerial Direction 99.
The new Immigration Minister, Tony Burke, must finally be honest with the Australian people about the size of the mess caused by Labor's Ministerial Direction 99 and apologise for failing on the government's number one duty to keep the public safe.
The Australian community expects Minister Burke to not only review these departmental decisions to ensure criminals who should have been deported are deported but publicly release the review outcomes.
Ministerial Direction 99 was introduced by then Labor Immigration Minister Andrew Giles on 23 January 2023 providing new guidance for Home Affairs staff and AAT members when considering visas cancelled under the character test provisions of the Migration Act.
According to government answer to a Senate Estimates Question Notice, Home Affairs staff did not cancel the visa of 66 criminal non-citizens because of Ministerial Direction 99, including, rapists, child sex offenders, violent offenders, and drug offenders.
It has already been reported that non-citizens who should have been deported but were allowed to remain in Australia by the AAT because of Ministerial Direction 99 include:
• A serial rapist who attacked 25 women and a child.
• A non-citizen police said possessed, "some of the worst child abuse material in the world".
• A convicted rapist whose drug-fuelled attack drove his victim into a spiral of self-harm and homelessness.
Shadow Minister for Immigration and Citizenship Dan Tehan said the Albanese Labor Government introduced Ministerial Direction 99 and then did not undertake a review of its operations even though they were warned it could put public safety at risk.
"A criminal non-citizen allowed to remain in Australia as a result of Ministerial Direction 99 went on to allegedly commit murder," Mr Tehan said.
"Will Minister Burke not only review these new cases but publish the findings?
"Will Minister Burke be transparent about the risks to public safety caused by Ministerial Direction 99 and guarantee the same mistakes will not be repeated under Labor's new Ministerial Direction 110?
"This will be a test for Minister Burke on how serious he is about keeping the Australian community safe.
"The last time Minister Burke was Immigration Minister 83 asylum seeker boats arrived in 80 days; will he sit back again as another mess unfolds?"
The Labor Government introduced Ministerial Direction 99 because of a commitment made by Prime Minister Anthony Albanese to New Zealand Labour Prime Minister Jacinda Ardern after she complained that Australia was deporting criminal New Zealanders back to her country.
Labor finally admitted the failure of Ministerial Direction 99 and issued a replacement, Ministerial Direction 110, that came into effect on 7 June 2024.
