Government Moves to Expand Visa Cancellation Powers Over Extremism Concerns
The Albanese Government has moved swiftly to close what it describes as a “dangerous loophole” in Australia’s Migration Act, unveiling proposed reforms that would significantly broaden the grounds on which visas may be cancelled or refused.
Just 48 hours after federal cabinet approved an emergency reform package, Home Affairs Minister Tony Burke released an exposure draft that would allow any temporary or permanent visa to be cancelled—or denied—where a visa holder is reasonably suspected of engaging in hate speech, aggravated vilification, or the promotion of extremist ideology.
Currently, visa cancellation generally requires either a criminal conviction or a formal adverse security assessment. The proposed changes would lower that threshold.
Under the new Section 116A, the Minister would be empowered to act where a non-citizen is alleged to have:
Advocated violence against a protected group.
Displayed prohibited hate symbols.
Associated with a listed extremist organisation.
The provisions are modelled on existing terrorism-financing laws and would apply regardless of whether the conduct occurred in Australia or overseas.
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