It was no mistake for Immigration Minister Andrew Giles to issue a controversial ministerial order that led to the deportation of a number of non-state criminals being revoked, Labor frontman Murray Watt has said.
The controversial order – known as Direction 99 – was issued by Mr Giles in early 2023 and required the Administrative Appeals Tribunal (AAT) to take into account an individual’s ties to the community when assessing deportation appeals.
The directive is linked to several cases where non-state criminals had their visa cancellations reversed, allowing them to remain in Australia.
Queensland Senator Watt said on Sunday that community safety was not intended to be covered by community ties in the application of Direction 99, despite the AAT’s interpretation of the matter.
Under continued pressure, Prime Minister Anthony Albanese announced Thursday that the government would replace Direction 99, and instead demand community protections outweigh all other considerations in the decision to revoke a visa cancellation.
The directive is linked to several cases where non-citizen criminals had their visas revoked, allowing them to remain in Australia
“Even the advice that Andrew Giles was given by his department when he gave that direction indicated that there would be no impact on people where we were talking about serious offenses that had been committed,” Senator Watt told the ABC.
‘The AAT obviously did not interpret it that way. They interpreted it in a way that was never intended by the government and that is exactly why we are taking action now to resolve it.”
Asked whether issuing the ministerial direction was a mistake, Senator Watt rejected the claim.
“The way it has been interpreted is very different from how the government intended it… Minister Giles was not even informed by his department when the AAT made decisions that were contrary to the spirit and intent of that direction.”
“What would have been a mistake is if the government had said we want to put length of stay above the safety of the community – we didn’t do that.
“I think the mistake, unfortunately, has been that the AAT has interpreted that direction in a way that the government never intended.”
Under continued pressure, Prime Minister Anthony Albanese announced Thursday that the government would replace Direction 99, and instead demand community protections outweigh all other considerations in the decision to revoke a visa cancellation.
“The Australian community expects that community safety will be the first priority and that is exactly what is made clear by this change in direction,” Senator Watt said.
Among those who have had their visa revocations reversed by the AAT include a New Zealand man convicted of raping his stepdaughter, a British man who assaulted women 26 times, and a Sudanese man who allegedly committed murder.
Queensland Senator Murray Watt (pictured) said on Sunday that the government did not intend to place community safety among community ties in its application of Direction 99, despite the AAT’s interpretation of the matter.
Senator Watt also backed Mr Giles’ (pictured) claim that authorities were using drones to monitor foreign-born criminals, even after the Australian Federal Police revealed in Senate estimates on Friday that they were not informed were part of such a program.
Senator Watt also backed Giles’ claim that authorities were using drones to monitor foreign-born criminals, even after the Australian Federal Police revealed in Senate estimates on Friday that they were not aware of such a program .
‘My understanding is that drones are being used as part of this operation, but more in the sense of monitoring the accommodation people are living in, for example to ensure it is not too close to schools or other areas they are not allowed to go to . live close,” he said.
‘So drones are part of the operation that monitors these perpetrators, but in an operational sense more is being done.’
With Albanese facing calls from the coalition to sack his home affairs and immigration ministers over their handling of the portfolio, Senator Watt was asked if he would be interested in shifting portfolios.
Senator Watt downplayed expectations of a reshuffle, saying he was focused on his current responsibilities.
“I’m actually enjoying my current role… I obviously have the great privilege of serving in the Cabinet,” he said.
‘But more than that, I really support my colleagues and what they have done… I think Andrew Giles and Clare O’Neil have both performed incredibly strongly in a very difficult portfolio area.’