Ministerial Direction No. 110 was signed on 7 June 2024 and will come into force on 21 June 2024. It replaces Ministerial Direction No. 99, which was issued in January 2023.
The introduction of Direction 110 is described as a ‘knee-jerk’ response to criticism of Direction 99, which was allegedly used by approximately 30 non-citizens to escape deportation. In relation to these decisions by the Administrative Appeals Tribunal (AAT), the Hon Andrew Giles MP, the Minister for Immigration, Citizenship and Multicultural Affairs, noted that they ‘do not reflect the Government’s intent or meet community expectations’. Between 27 May 2024 and 7 June 2024, he cancelled 40 visas ‘in the national interest’.
Ministerial Direction No. 110
Direction 110 states that protection of the Australian community from criminal or other serious conduct is ‘generally to be given greater weight than other primary considerations’. This is paired with the new language in Direction 110 that states ‘the safety of the Australian community is the highest priority of the Australian government’.
Other primary considerations, which are included in both Directions, include the following:
- Whether the conduct engaged in constituted family violence
- The strength, nature and duration of a person’s ties to Australia
- The best interests of children (minors) in Australia
- The expectations of the Australian community