A February 2019 federal government directive made by immigration minister David Coleman has banned all people from Australia who have an official criminal history of domestic violence against women and/or children. (1) This legislation begs two questions. First, where is the room for redemption from one’s past mistakes in a country’s laws? Additionally, is such a law sexist because it only bans people who have committed violent crimes against women and children and leaves out women who may be convicted of domestic violence against men?
A History Of Deportation Laws
This 2019 law was made after a similar law was already established in 2014. This earlier law is an amendment to Australia’s immigration laws. It gives the Minister for Home Affairs the authority to remove people from the country that they regard as a “risk to Australian Society”. (2) However, there is no clear definition of what risk to Australian society means. So, because of the obscure definition, a lot of people have been deported based on a judgment of character. According to this 2014 law, the Minister can deport someone if he or she: is or may be, or would or might be, a risk to … the health, safety or good order of the Australian community or a segment of the community … or the health or safety of an individual or individuals. (3) This law leaves a lot of space for interpretation and therefore the judgment and opinion of government agencies rather than solid facts. For example, how is it determined that someone might be a risk? What is the definition of health, safety, and good order? How is a segment of the community determined? All of these questions point to the vagueness of the law and the ability for such legislation to lead to unfair deportations. Additionally, people in these agencies can be swayed by their own personal biases. It has been found that certain ethnic groups have been deported at a much higher rate than others. (2) What is to stop this from continuing?
Solidifying The 2019 Domestic Violence Law
At least, unlike the 2014 law, the February 2019 directive clearly states that if someone has been officially convicted of a violent crime against women or children, they are not allowed into the country. If they are already in the country on a visa traveling or working, they risk being deported. Additional levels were added to the legislation. Before February 2019, the Administrative Appeals Tribunal was able to overturn deportation decisions made by the government. Now, the law will apply to both the Department of Home Affairs decision-makers and the Administrative Appeals Tribunal. This successfully stops any leaks in the deportation and immigration policy. It is clear: if someone has committed a violent crime against women or children, they will not be allowed in the country. “If you’ve been convicted of a violent crime against women or children, you are not welcome,” Mr. Coleman stated, “Wherever the offense occurred, whatever the sentence, Australia will have no tolerance for domestic violence perpetrators.” (1)
Redemption in Modern Society
Where then, the question begs to be asked, does this leave people in society who have crimes in their past but have changed and wish to lead a peaceful life? Also, does the law leave out a large segment of society by not including crimes against men? Despite these questions, the law has been in effect since February 2019, and it remains to be seen if it will lead to more unfair deportations or other negative consequences.
