Australia Lists 3 Categories of People Who Will Not Receive Visa Approval to Enter The Country
- The Australian government outlined three categories of foreign nationals who face mandatory visa cancellation or refusal under its immigration laws
- One category covers people convicted of sexually based crimes involving children under 18, even if they were discharged without conviction
- Affected visa holders have a 28-day window to request that a mandatory cancellation decision be revoked by the Minister
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The Australian government has laid out three specific categories of foreign nationals who risk having their visas cancelled or their applications refused, citing the country's existing immigration laws as the basis for the decisions.
According to the government, these cancellations are not discretionary but mandatory, meaning officials are legally required to act once a person falls into one of the defined categories.
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The 3 categories that trigger mandatory cancellation
- The first category covers individuals who have been sentenced to death or to life imprisonment.
- The second applies to those convicted by either an Australian or foreign court of a sexually based offence involving a child under the age of 18.
- The third extends to cases where such a charge has been proven against a person even if they were ultimately discharged without a formal conviction.
The government published an official statement clarifying the legal basis for these actions:
"By law, we must cancel your visa if you are serving a sentence of imprisonment, on a full-time basis in a custodial institution, for an offence against an Australian law because you have: been sentenced to death, imprisonment for life or imprisonment for 12 months or more; been convicted of a sexually based crime involving a person aged under 18 years by an Australian or foreign court; had a charge proven for a sexually based crime involving a person aged under 18 years, even if you were discharged without conviction."
What happens after a mandatory cancellation
A mandatory cancellation does not automatically mean a permanent outcome. The Australian government noted that affected individuals retain the right to challenge the decision within a set timeframe.
"You will have 28 days to request revocation of a mandatory cancellation. If the Minister revokes the decision to cancel, we will reinstate your visa," the statement read.
The policy applies to foreigners currently serving full-time custodial sentences in Australian institutions for offences committed against Australian law.
Germany explains who cannot get residence permit
Meanwhile, Legit.ng recently reported that the German government cited Section 23a of the Residence Act to explain that foreigners who have committed a very serious crime may not be granted a residence permit.
According to the government, even exceptional humanitarian grounds are generally not enough to secure a temporary residence permit for people in this category.
Source: Legit.ng
