Immigration Minister Chris Bowen plans to toughen up the immigration character test, allowing him to refuse visas to anyone convicted of any criminal conduct while in immigration detention.
Mr Bowen said that would send a clear message that anyone engaging in unacceptable conduct would be denied a protection visa.
That follows major disturbances at immigration detention centres on Christmas Island and at Villawood, Sydney, when detainees rioted, burning down buildings and causing extensive damage.
"These changes will remove any doubt around the character test and send a strong and clear message that the kind of unacceptable behaviour we saw recently at the Christmas Island and Villawood detention centres will not be tolerated," he said in a statement.
"The government believes the powers under the Migration Act can be strengthened to create a more significant disincentive for this sort of destructive behaviour."
Mr Bowen said under the proposed changes, the Migration Act would be amended to specify that a person fails the character test should he or she be convicted of any offence committed while in immigration detention.
As well, the maximum penalty for the manufacture, possession, use or distribution of weapons by immigration detainees will increase from three to five years jail.
"These changes send a clear message to anyone considering engaging in unacceptable behaviour in immigration detention that this will only increase their chances of not being granted a visa," he said.
"This will apply to all people in immigration detention, onshore and offshore arrivals, asylum seekers, or otherwise."
Mr Bowen said that, subject to natural justice, he would use the full extent of his powers to prevent people involved in criminal, violent or destructive behaviour from being allowed to apply for a permanent protection visa.
That includes granting provisional visas which do not permit family reunion and may be cancelled where they no longer require protection.
"As I have said all along, people's visa claims are addressed on a case by case basis, and allowing for the ongoing criminal investigations, I have committed to looking at these very closely and will respond accordingly," he said.
Mr Bowen said the current character test specified that a visa could be refused if a person was sentenced to jail for 12 months or more.
A visa can also be refused on general character grounds, determined by the courts as a pattern of misconduct.
"So this makes it much clearer and sends a very clear message to people in immigration detention that destructive behaviour is not acceptable," he told ABC radio.
The government plans to backdate these proposed amendments to April 26.
Mr Bowen said the legislation now contained extensive powers for the department and minister but many were subject to legal challenge.
He said the proposed changes would leave no doubt about the extent of these powers available to ensure good order in detention centres.
"There is no circumstance which condones or makes the sort of behaviour we saw at Christmas Island or Villawood in any way tolerable," he said.
"I would be hopeful that the opposition would support (the legislation changes), given their rhetoric over recent days."
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