The Australian government has clarified that visa applications from certain foreign nationals will be automatically rejected or cancelled under existing immigration laws. Officials must enforce these rules for individuals who meet any of the three specified criteria, without discretion.
Categories Subject to Mandatory Visa Action
- Individuals sentenced to death or life imprisonment.
- Persons convicted by Australian or foreign courts of sexual offences involving minors under 18 years.
- Those proven to have committed such offences, even if discharged without formal conviction.
This policy particularly targets foreign nationals serving full-time custodial sentences in Australian prisons for offences under Australian law.
Right to Appeal
Despite the mandatory nature of visa cancellations or refusals, affected individuals have a 28-day period to request a revocation of the cancellation decision. The Minister may then choose to reinstate the visa if the appeal is successful.
This approach ensures that while the government enforces strict immigration controls, there remains a formal mechanism for review and potential reversal of decisions.