Immigrants face tougher character test in Australia

[mawilson 2,133]

THE Government has tightened character requirements for permanent visa applicants

this year and is demanding much more detailed information about political associations

and family connections.

For the first time the document, "Personal particulars for character assessment"

(Form 80), which applicants for permanent and temporary protection visas must

complete, singles out people of Arabic descent.

It also asks questions about the applicant's brothers and sisters - previously it was only

parents and spouse - and about involvement in people smuggling, acts of violence and

development of weapons of mass destruction.

The form, which used to cover two pages but now takes six, states: "If you are of

Arabic descent, write the full name of your paternal grandfather."

A spokeswoman for the Immigration Department said: "The contents of the form are

what our security agencies advise us to have; the rationale is not questioned because

it is advice from our security agencies."

The problem with the question of character is its subjectivity, as Mohamed Haneef

discovered yesterday.

His case, whatever the outcome of the charge against him, highlights the arbitrary

nature of visa decisions on character grounds, say immigration lawyers.

While the Minister for Immigration, Kevin Andrews, felt compelled to act against the

Indian-born doctor before he has been found guilty of any crime, he has made no

such move against Oday Adnan Al Tekriti, 38, a cousin and bodyguard to Saddam

Hussein, who holds a temporary protection visa until 2008.

The Administrative Appeals Tribunal cleared Mr Tekriti of criminal activity or human

rights abuses that would have prohibited him from being granted a visa.

It is not clear yet whether Haneef will challenge the cancellation of his visa.

Character was an emerging issue in immigration law, said Kim Tuaine, of Advocate

Immigration Lawyers and Agents.

"It can catch many people - by association, past migration conduct, if you have

previously applied for protection and been denied," she said.

Haneef, who has been linked through a cousin to the Glasgow terrorist attack, will be

deported after he has faced the terrorism-related charge under the Migration Act,

because the minister has concluded he failed the character test.

His 457 visa was cancelled yesterday and that means immediate detention. He can be

charged at more than $100 a day for his Villawood stay if the Government chooses

to pursue costs.

The minister draws his powers from Section 501 of the Migration Act, which deals

with refusal or cancellation of visas on character grounds.

"Section 501 of the act is amenable to broad discretions and it depends on political will

of the day as to how they are exercised," said Ray Turner, a specialist in immigration law.

"[When] the current Government came to power and Philip Ruddock became

immigration minister, the character test became the important aspect of immigration law

it is now."

When Haneef applied to work in Australia last year as a temporary resident, he did not

have to fill in the character disclosure form. As an Indian national, he may have been

asked for details about his employer sponsor, but immigration lawyers say the checks

are cursory.

Source

[Ban Hammer 13,990]

surprisingly no one else has commented.

[mawilson 2,133]

surprisingly no one else has commented.

Makes you wonder what they are plotting out there when they are not here defending Hamas...

[Ban Hammer 13,990]

surprisingly no one else has commented.

Makes you wonder what they are plotting out there when they are not here defending Hamas...

my thoughts exactly. maybe they are attending a fundraising event for hamas?

[Trumplestiltskin 5,791]

How did he fail the character test - he was linked to the Glasgow attack through a relative, or it was his relative who was actually involved in the plot?

[mawilson 2,133]

How did he fail the character test - he was linked to the Glasgow attack through a relative, or it was his relative who was actually involved in the plot?

He was charged with recklessly supporting terrorists by giving his SIM card to his

alleged bomber cousins, Sabeel and Kafeel Ahmed. (Kafeel is accused of driving

a Jeep into Glasgow airport.)

The allegation is one of recklessness, rather than intent, but still...

[Heracles 417]

I wonder if they could introduce similar character tests here. Then again it would probably go against some law.

[L_n_O 3]

sounds crazy

[Trumplestiltskin 5,791]

Looks like this is causing some legal issues in Australia. There's a question about 'suspected' as opposed to 'proven' links to terrorism.

http://news.bbc.co.uk/2/hi/asia-pacific/6904040.stm

There has been great disquiet in Australian legal circles over the government's decision, the BBC's Nick Bryant in Sydney says.

Senior lawyers claim the doctor has effectively been denied the presumption of innocence, and the independence of the courts has been undermined.

Dr Haneef's lawyers said on Wednesday that they were lodging an appeal with the federal court, arguing that the case has not been dealt with in an open, transparent and fair manner.

[Trumplestiltskin 5,791]

Charges have been dropped against this guy.

Haneef terrorism charges dropped

Director of Public Prosecutions Damian Bugg said, following a review of the case, that "a mistake has been made".

Immigration Minister Kevin Andrews said Dr Haneef would be given home detention while his visa status is considered.

[Trumplestiltskin 5,791]

So even though the charges against this guy were dropped - the Australian immigration service still won't renew his work visa...

Freed doctor 'can quit Australia'

n Indian doctor will be allowed to leave Australia after charges linked to failed bomb attacks in the UK were dropped, government officials say.

Dr Mohamed Haneef was released from prison on Friday.

Australia's Immigration Minister, Ken Andrews, said Dr Haneef was now free to leave the country, but added that his work visa would not be restored.

"The Commonwealth has no objection to Dr Haneef leaving Australia," Mr Andrews told reporters.

Work visa

Lawyers for Dr Haneef had said they wanted his name cleared completely, and demanded the restoration of his work visa.

This was withdrawn on the grounds that Dr Haneef was of unsuitable character.

"We're stunned," Dr Haneef's lawyer Stephen Keim told Reuters news agency.

"We can't understand how a man, who has been locked up in prison for nearly a month on groundless reasons, could continue to have his good name be smeared with this decision.

"With the visa cancelled, it could have serious downstream effects on his work and travel. It is of paramount interest for Haneef to have an unblemished record."

[Nagishkaw 510]

surprisingly no one else has commented.

Makes you wonder what they are plotting out there when they are not here defending Hamas...

It surely does make one think, now doesn't it ...

[Caladan 19]

Yes, failure to post on VJ should be taken as a sign of plotting terrorism. Sign you three up for the team of crack investigators....

And it seems strange that this guy should be deported or passive-aggressively forced out of Australia for nothing more than being related to a cousin in Glasgow. They've dropped the charges. If he's actually done something himself, that's obviously a good reason to fail the character test, but guilt by association isn't really part of Anglo law.

Boo-Yah, the U.S. certainly seems to have character requirements for visas and immigration. They don't put on the form 'if you're Muslim go home', but check out the I-601 section sometime. Or the I-485. Surely you had to fill that out, no?

[Nagishkaw 510]

Waiting for you to draw up the contract.

[Hilarious Clinton 452]

immigration is a privilege.