Question on Notice, Wednesday 2 November 2011

(Question No. 1229)

Senator Rhiannon asked the Minister representing the Minister for Immigration and Citizenship, upon notice, on 21 September 2011:

Will the 'character test' under section 501 of the Migration Act 1958 and the Public Interest Criteria under the Migration Regulations 1994, be applied to assess visa applications for the delegation from Sri Lanka travelling to Perth for the Commonwealth Heads of Government Meeting in October 2011; if not, why not.

Senator Carr: The Minister for Immigration and Citizenship has provided the following answer to the honourable senator's question:

There is no waiver of visa requirements for Commonwealth Heads of Government Meeting (CHOGM) delegates or those seeking to enter Australia for CHOGM-related events.

The "character test" under section 501 of the Migration Act 1958 (the Act) requires that persons entering and/or remaining in Australia must be of good character. Involvement in the commission of war crimes is a relevant consideration when exercising the discretion to refuse the grant of a visa or cancel a visa under section 501 of the Act.