Australian Government to Introduce Changes for Australian Citizenship Act
The proposed changes to the Australian Citizenship Act were announced by the government in April. These changes are going to increase the duration that is only going to be applicable to the permanent resident from 12 months to 4years. It would require an applicant to demonstrate the competent proficiency level in English that would change in the government’s words. The citizenship test needed to applicants for demonstration understanding and acceptance for Australian values. It would also need to the applicants to provide evidence to show that they are now integrated with the Australian community.
The amendments that become public in the weekend would go further that may affect the Minister personal power to dominate the Administrative appeal of the override decision for the citizenship applications for the Tribunal relating. It actually enables the minister to overturn the AAT setting decision of Department for refusing the application for citizenship.
The proposed amendments will allow the minister personal powers same as it now exists under the Migration Act that enable the Minister to have a perfect decision of the AAT for visas on character grounds cancellation.
Existing laws empower the department with current subsection 21(h) for Australian Citizenship Act. It is an application for that citizenship that can be refused if the department is not satisfied with the applicant good character. Hence with the laws, the Department has authority for refusing the applicant citizenship even if the applicant has not been convicted of any criminal offense. If they are not good character interpreted with Irving and Minister for Immigration Local Government and Ethnic Affairs, it ensures moral qualities.
However, the Minister has defended to set aside the new personal power for citizenship decisions of the AAT. It claims that such decisions for Ministerial could still be appealed to the High Court. Thus, it is clear that such reviews are limited that would be restricted to examine whether the Ministerial decision to set aside or anything else.
As we have gone through many Federal courts decisions concerning to the Minister’s personal power that may cancel the non-citizens visa. Hence, it will be too difficult to manage or challenge a personal decision of the minister to set aside an AAT reversing a decision that refuses the application for citizenship.
The Law Council of Australia, President, Fiona McLeod was quoted in the news article for Sydney Morning Herald that “Any attempt to wind back review powers need to treat properly”. A lawyer who acts as a refugee was quoted that the proposed changes were totally draconian and unwanted. Hence, the Australian