Dutton’s Ineligibility Renders Visa Cancellation Invalid, Lawyers Argue A man’s visa was cancelled in 2016, but his lawyers have now called the cancellation an invalid one as a result of Peter Dutton’s, Minister of Home Affairs, and presence in the parliament. They said Mr Dutton was disqualified to sit in the parliament. This case which is awaiting hearing could have implications for above 1,600 Dutton’s cancellation decisions if successful.
Under section 501(3A) of the Migration Act of 1958, the minister has the power to invalidate the visa whoever has a substantial criminal record or who does not pass the character immigration test. The Substantial criminal record includes being sentenced to at least 12 months jail term after conviction.
The lawyers alleged that the Minister’s business involvement in childcare centers which are beneficiaries of Government subsidies represent a violation of section 44. This renders his visa cancellation decision invalid because of ineligibility to work as a Home Affairs minister as permitted by the constitution. Mr Dutton was tagged incompetent of sitting as one of the members of the Representatives in the House of the Commonwealth of Australia hence declaring him as lacking the ability to do the non-revocation decision he made in February 2018.
Whether a senator or MP is considered and qualified to sit as a member of the Representatives House or not is not something to settle in the national court. Hence the appeal should be dismissed according to lawyers from the Government solicitor’s office.
The Home Affairs’ Minister has so far fought any demand to go to court to resolve the inquiry of his qualification. He said legal advice back in August revealed that there has been any concern or doubt about his qualification to sit in parliament. Hence his decisions are valid.
Labour said the refusal to refer Dutton to the high court jeopardizes Australia’s ability to get rid of foreign criminals.
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