The Albanese Labor government has proposed a tough new regimen for dealing with illegal detainees ahead of a High Court case next month, which could cause further problems for the government on the immigration front.
On March 26, Immigration Minister Andrew Giles introduced the Migration Amendment (Removals and Other Measures) Bill into Parliament.
The bill is an attempt to close any loophole that the High Court might otherwise open, and gives authorities the power to jail, for up to five years, any immigration detainee who refuses to cooperate with the process to deport them.
It will also block visa applications made outside of Australia by people from countries that do not accept their citizens being involuntarily returned.
Iran, for instance, will not accept the unwilling return of its people. Such countries will be referred to as a “removal concern country” and the bill will automatically deny visa applications from their citizens, unless they are also citizens of another country.
People from Russia, Iraq and South Sudan may also be caught by this provision.
“Imposing a bar on new visa applications from non-citizens outside Australia who are nationals of a country that does not accept removals reflects the government’s expectation that a foreign country will cooperate with Australia to facilitate the lawful removal of a non-citizen who is a national of that country,” the explanatory memorandum states.
It says the amendments are necessary “to address circumstances where non-citizens have no valid reason to remain in Australia, and who have not left voluntarily as expected, are not cooperating with appropriate and lawful efforts to remove them.”
“Non-cooperation with removal processes demonstrates a disregard for Australian laws.”
Failure to comply with a direction without a reasonable excuse will be classed as a criminal offence, and carry a mandatory minimum of 12 months in prison, a maximum of five years, a $93,900 fine, or both imprisonment and a fine.
However a detainee “cannot be directed to interact with or be removed to a country [if that has been] found to engage Australia’s protection obligations.”
But they may be ordered to do “certain things necessary to facilitate their removal to a safe third country.”
High Court Quagmire Engulfs Detention Issue
After November’s landmark High Court ruling overturning indefinite detention, it is speculated that more cases will be brought seeking the release of people, other than the initial 152 freed in the wake of that decision.The first to reach the High Court is that of a bisexual Iranian man—referred to as ASF17—which will be heard on April 17.
As part of that matter, the Court will consider whether or not the government is allowed to continue to detain foreigners who do not cooperate with efforts to deport them back to their country of origin.
The fate of at least three Iranian men who were released from immigration detention in recent months also depends on the outcome of that case.
If the bill passes, the government will also gain the power to revisit legal findings that bestow the right for those from perilous countries to remain. It is hoped this will ward off an expected flood of legal challenges from detainees who cannot be deported because they are deemed to be owed protection.
Greens, Welfare Groups Critical
Greens immigration spokesperson David Shoebridge called the bill “part of an ongoing cruelty agenda from Labor, in this case literally trying to outflank the Coalition to the right by coming up with new and novel ways to be cruel, particularly to refugees and asylum seekers.”Refugee advocates were also quick to criticise the bill, with Refugee Legal Executive Director David Manne described as an “extreme overreaction with draconian, dangerous and discriminatory new provisions” that was aimed at people “who hold very real fears for their lives.”
“They could potentially exclude very large amounts of people from coming to the country purely based on their nationality, and constitute a form of constructive punishment on them,” he said.
Opposition Says Bill is Rushed, Chaotic
The opposition, meanwhile, is complaining that it hasn’t been properly consulted on the proposed legislation.Immigration spokesman Dan Tehan said his office was offered a 20-minute briefing at 8 a.m. and had been handed a copy of the bill only 30 minutes earlier.
“Everything this government does with regard to immigration detention is rushed, is chaotic, is botched. And there is a complete and utter lack of transparency,” Mr. Tehan said.
“This legislation is dated Friday, last Friday. So the government has sat on this all weekend and has come to us at the last minute today to hand it over to us.”
But it looks as though the Coalition will support the legislation, as it has called for a late Senate sitting this week, saying it wanted to “do everything we can to support the government in doing the job that it is failing to do in keeping Australians safe.”
That may not guarantee its smooth passage, however. One of the senators whose support will be crucial to passing the bill, ACT independent David Pocock, said the government’s rush to introduce the bill “stinks.”
