Tuesday, 24 November 2015
Migration Amendment (Charging for a Migration Outcome) Bill 2015; In Committee
You are correct, Senator, but it will be a discretionary power. The reason it will be discretionary is that we are talking about circumstances under which the person who is in the country with a visa has acted in a way that coerces an employer—and I would say those circumstances would be extremely rare—where they are party to ensuring that they benefit. There may be circumstances where a clear benefit does not flow to that visa holder. The minister then has the discretion to look at all those circumstances to ensure that there is ample evidence that the person who is the applicant for the visa is a beneficiary of some of those transactions. That will be a discretion held by the minister for those reasons.