Federal

Sep 18, 2017

Peter Dutton hasn’t yet revoked this man’s visa, but don’t hold your breath

Mr Khalil's visa was denied on the basis of a conviction in a kangaroo court -- the Israeli military court system. But don't expect that to matter to Peter Dutton.

Greg Barns — Barrister and writer

Greg Barns

Barrister and writer

Immigration Minister Peter Dutton appears to treat the idea of judicial independence as an inconvenience. He routinely overturns decisions of courts, including most recently the High Court, when they review unfavourably decisions made by him or his Department of Immigration and Border Protection. So while Palestinian-born Krystal Trikilis is no doubt celebrating the fact that the Administrative Appeals Tribunal has overturned a decision by an official of the Immigration Department not to grant a visa to her 30-year-old Palestinian husband and father of their 2-year-old daughter, sadly this is not the end of the matter. This is despite the fact that the refusal to issue a partner's visa in this case was done primarily on the basis of what is essentially a kangaroo court -- the Israeli military court system.

The decision in Trikilis’ case by Deputy President James Constance was handed down on September 6. Trikilis’ husband, known in the decision as Mr Khalil, was refused a partner’s visa because the Immigration Department was of the view he did not pass the character test in the Migration Act. That test allows the department or the minister to refuse a visa if a person has acquired a substantial criminal record in any country.

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3 comments

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3 thoughts on “Peter Dutton hasn’t yet revoked this man’s visa, but don’t hold your breath

  1. drsmithy

    Immigration Minister Peter Dutton appears to treat the idea of judicial independence as an inconvenience.

    Isn’t he just following the lead of George Brandis in that ?

  2. James O'Neill

    Greg, the key is in your last sentence. Australia has an appalling record of supporting Israel in the UN, regularly one of a literal handful of countries to do so. It is a racist apartheid regime constantly in breach of international law. That its military “justice” system falls short of acceptable standards will occasion a total lack of surprise. Dutton is doing no more than countless politicians on both sides of the House have done for the past 69 years: support Israel regardless. He will no more send a “signal” of disapproval than I will fly to the moon.

  3. Ellen O'Gallagher

    When did it become a regular accepted thing in that husbands can be separated from their wives and children by the Immigration Department? Very disturbing, and becoming quite common.

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