AceBreakingNews – The federal government has introduced legislation to parliament which would make it easier to deport non-citizens.
Ace Press News From Cutting Room Floor: Published: Feb.26: 2024: ABC Parliament News: TELEGRAM Ace Daily News Link https://t.me/+PuI36tlDsM7GpOJe
The legislation has already passed the House of Representatives with the support of the Coalition, and has now moved to the Senate, where it is expected to pass by tomorrow at the latest.
It appears to be motivated by a case currently before the High Court which could see a cohort of immigration detainees released into the community. The government has been under sustained pressure since the release of almost 150 people from immigration detention following a separate High Court ruling last year.
But this latest legislation took the Coalition and crossbench by surprise. They were only briefed on the details this morning, and a senior government source downplayed the prospect of new legislation as recently as last week.
That prompted anger from all quarters. The Coalition demanded a short Senate committee hearing, which Labor agreed to. It appears to support the broad principle, but has questions. But the Greens and other crossbenchers are furious at the rushed process, which Greens senator David Shoebridge called “a sham” and “as transparent as a brick”. The government’s bill has two components, one which relates to current immigration detainees, and another which relates to possible future arrivals. Here’s what’s in it.
Forcing immigration detainees to apply to go to home
The first part of the bill relates to those who are currently in Australia but have exhausted their avenues to stay. This includes people currently in immigration detention, but also those in the community on bridging visas who have no prospect of moving onto a different visa in order to remain. Under the proposed legislation, the government could direct these people to comply with orders to help them “voluntarily” leave the country.
This might include applying for a passport in their country of origin. In this way, the government may be able to circumvent countries that do not accept “involuntary” returns, such as Iran.
In the case currently before the court, an Iranian man known by the pseudonym ASF17 is refusing to co-operate with authorities seeking to deport him to Iran, where he argues he will face persecution. These laws would allow the government to force a person in a similar position to co-operate, provided the Australian government was satisfied it did not owe this person protection obligations. Non-compliance would result in a mandatory minimum jail term of one year and a maximum of five years.
Following such a sentence, an individual could again be compelled to apply for a passport.
It is not clear how many people this would apply to. There are thousands of people currently in the community on bridging visas with no prospect of remaining, many of whom are slated for resettlement in a third country.
Refusing to process visa applications from certain countries
The second part of the bill would allow the immigration minister to “designate” countries which do not accept involuntary returns of their citizens. If the minister designated a country, his department could stop processing any visa applications from that country, an effective travel ban. There would be some exceptions, including for partners and children of Australian permanent residents, and for the resettlement of refugees through established pathways. The immigration minister would need to consult with the prime minister and foreign minister before making a designation.
Swift passage through parliament
Immigration Minister Andrew Giles introduced his bill to the House at midday, as soon as proceedings began. The government wanted urgent passage of the bill. The Coalition questioned this, pointing out the government appeared to have been working on the bill since last week but had not alerted the Coalition to its plans. Shadow Immigration spokesperson Dan Tehan called it an “ultra-marathon in incompetence”. But while the Coalition may raise concerns with the bill, it has worked with the government throughout Tuesday to move it towards a swift conclusion.
But the crossbenchers are furious, and the Greens have warned the rushed process could lead to legal issues down the track.
“We know what’s going to happen, Labor’s going to stuff it up, it will end up in the High Court,” Senator Shoebridge said. “ And the Coalition will say the government’s incompetent, and there’ll be some truth to it, and then we’ll have this whole sham process again.”
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