New Ministerial Direction No. 79 – New Guidelines for the Character Requirement

A fact that everyone is aware of is that everyone who wants to enter or stay in Australia must meet their character requirement established by the Immigration Department or the Department of Home Affairs.

While there have been a few guidelines already existing pertaining to the Character Requirements, one new introduce is the ‘Ministerial Direction 79’ It is a newly introduced direction that has been in effect since 28 February 2019.

What the New Direction No. 79 States?

The Direction No.79 is in context to the visa refusal and visa cancellation under section 501 as well as revocation of the compulsory visa cancellation under the section 501CA of the 1958 Migration Act. A major change with the implementation of Direction No. 79 means that Direction No. 65 is no longer valid.

Hence, if you are seeking entry in Australia or are already residing in the country but have to provide your character requirement then you have to meet the guidelines of the Direction No. 79.

From Family Visa, Work Visa, Skilled Visa, to any other kind of permanent or temporary visa, it is mandatory to meet the new Direction No. 79. So, if you want any of these Australian visas then you must meet the character requirements under this new direction.

What is the Major Difference between Direction No. 79 and Direction No. 65?

There is a key difference between the previous Direction No. 65 and the newly introduced Direction No. 79.

Direction No. 65 focuses primarily on criminal offenses or other severe conducts committed by the non-citizens against disabled members, children, or elderly in Australia or the Australian community.

As far as Direction No. 79 is concerned, it extends the above-mentioned guideline of Direction No. 65 and includes serious crimes including sexual or violent nature committed against children, women, or other vulnerable members of Australia or Australian Community.

So, let us glance at all the principles of Direction No. 79.

The Guidelines or Principles Included in Direction No. 79

1. It is expected by the Australian Community that the Australian Government must restrict entry of non-citizens or must cancel their visa if they have committed severe crimes in Australia or any other country.
2. Australia holds the sovereign right to identify whether citizens belonging to other countries who have a character of high concerns are permitted to enter or remain in the country. As per Australians, if non-citizens are allowed to live and stay in the country then this is a privilege and it is expected that they abide by the law and respect all vital institutions like the law enforcement framework of Australia. It is expected that they will not cause or think of harming individuals from and out of the Australian community.
3. In some situations, criminal offenses or other severe conducts, and the harm that the non-citizens can cause or may repeat can be serious. Any such risk of performing similar conduct in the future is not acceptable. In such a state of affairs, even strong considerations, which countervail the situation is insufficient to justify refusal or non-cancellation of the visa.
4. Any non-citizen who has committed a severe crime, including sexual harassment or violence, specifically against children, vulnerable members of the Australian community like disabled or elderly, and women are expected to be denied of having the privilege to stay in Australia.
5. Australia has a very low tolerance of any criminal or other severe conducts by visa applicants or those possessing a limited stay visa in the country. This reflects that there must be no expectation that such individuals must be permitted to come for a stay or remain permanently in the country.
6. Additionally, Australia holds low tolerance of any serious conduct or criminal offenses by people who have been contributing to and participating in the Australian community just for a small time period. However, the country can afford a greater level of tolerance of serious conduct or criminal offenses in relation to a non-citizen who has stayed in the Australian community from a very small age or for most of their lives.
7. The final principle is that the time length a non-citizen is making a positive contribution to the Australian community, and the consequences that occur from cancellation or refusal of visa for minor children and other close family members in Australia are important aspects to consider in relation to determine whether the visa of non-citizens must be canceled or their visa application must be refused.

Contact Debika Migration Services for Immediate Solutions

Australia is highly concerned about its character grounds. If your visa has been canceled or refused on the basis of these aspects, or if you wish to apply for a visa to avail entry in the country or remain in the country, but you think that you might not be able to pass the principles of Direction No. 79 then contact us. We can provide you immediate solutions.

Amitava Deb

• Amitava is a gold medallist from India’s premier technical institute, IIT Kharagpur.
• He has worked with some of the world’s top companies such as Sony Australia Pty. Ltd., Siemens AG Germany, Clarity International Ltd., Reliance Communications and Optus Sydney.
• Amitava is a Chartered Professional Engineer accredited by Engineers Australia. He is a full member of this esteemed association.
• He is a member of the Australian Computer Society, Tele Management Forum and Worldwide Institute of Software Architects.
• Amitava is a well-recognised name in the ICT Professional Community in Australia.