Opposition Leader Peter Dutton has accused the Prime Minister of putting New Zealand citizens and foreign-born offenders ahead of Australians in the wake of the government’s replaced immigration ministerial direction.
Immigration Minister Andrew Giles on Friday announced he had signed Ministerial Direction 110, which will replace his under-fire Direction 99 amid the ongoing visa saga.
The rewrite comes after dozens of cases emerged of convicted criminals using the primary consideration of “ties to Australia” under Direction 99 to escape deportation.
Mr Giles said Direction 110, which will come into effect on June 21, would “strengthen the consideration of community safety in Australia’s migration system”.
Speaking at a media conference on Friday, Mr Dutton claimed the Albanese government had “listened to the pleadings of Jacinta Ardern to put New Zealand citizens ahead of Australian citizens” by implementing Direction 99.
“I don’t think it’s a controversial thing to say that the Prime Minister of Australia should prioritise the interests of Australians,” Mr Dutton told reporters in Melbourne.
“The Prime Minister has implemented Direction 99 – Andrew Giles is just the patsy for it.
“Anthony Albanese made the commitment to Jacinta Ardern that Direction 99 would be implemented.
“And because of Direction 99, there are more people who have become victims of crime and serious crimes including sexual assault, robbery… in our community. There was no need for those people to be in Australia.”
Direction 99, signed by Mr Giles in 2023, was initially created following pressure from the then-New Zealand government to stop deporting people born in New Zealand if they had spent the majority of their time living in Australia.
A primary consideration of the direction instructs the Australian Appeals Tribunal (AAT) to look at a person’s “ties to Australia” when making visa determinations.
The ministerial direction has been highly scrutinised after it was revealed foreign-born criminals, including rapists, had their visa cancellations revoked due to the key consideration.
“The Prime Minister is putting New Zealand citizens, and citizens from other countries… who have committed crimes ahead of the of interests of those victims here in Australia,” Mr Dutton said.
Mr Dutton highlighted the importance of immigration to Australia, but said non-citizens who commit heinous crimes should not be allowed to stay in the country.
“We have a special relationship with New Zealand but that is not to say we should be putting other citizens ahead of our own citizens,” he said.
“As I say, it doesn’t have application just to New Zealand, it has application to people coming from all parts of the world.
“If somebody comes here as a non-citizen, that is they weren’t born in our country and they commit a crime, particularly a crime of violence against women and children, then they should expect to be deported.”
New Zealand Prime Minister Christopher Luxon said he has expressed “concerns” about the Australian government’s Direction 110 when asked about the development by local media.
“Both the Foreign Minister and myself have raised those concern,” Mr Luxon said.
“As I said, it’s not right that people with no connection or limited connection to New Zealand are deported here.
“We need to monitor the implementation of it I note that… Prime Minister Anthony Albanese has also assured me… a common sense approach will apply.”
Mr Giles revealed on Friday about 10 visa determination cases would still be decided by the AAT under Direction 99 over the next 14 days until the new direction commences on June 21.
The Immigration Minister said he was examining the cases “very closely” and would consider the cancellation of visas where necessary “in the national interest”.
Asked if he was concerned about the determination of the cases in the interim period, Mr Dutton said he thought the revised direction should come into effect immediately.
“I think it’s crazy, I mean it should have immediate effect,” he said.
“It should be retrospective if that were possible, and I can’t believe that it’s taken this long to make such a minor adjustment which in the end is still going to allow criminals to stay here.”
Under Direction 110, a person’s “strength, nature and duration of ties to Australia” still applies as a primary consideration.
However, the direction has been rewritten to emphasise that the “safety of the Australian community is the highest priority for the Australian government”.
It also elevates the impact on victims of family violence, and their families, as explained by Mr Giles on Friday.
“The government has serious concerns about conferring on non-citizens who engage in family violence the privilege of entering or remaining in Australia,” the new direction states.
“The government’s concerns in this regard are proportionate to the seriousness of the family violence engaged in by the non-citizen.”