The Australian immigration minister is on the brink of acquiring remarkable new authority as the Senate is ready to approve the government's hastily introduced bill, aimed at simplifying the deportation of non-citizens. This legislation, swiftly presented to parliament less than 48 hours after its introduction, requires non-citizens who have exhausted all legal avenues to remain in Australia to collaborate in their removal efforts, including applying for a passport from their home country. Individuals in this group are either held in immigration detention or on bridging visas, facing mandatory prison sentences of one to five years if they fail to comply.
The legislation further allows the immigration minister to label a country as a "removal concern country," potentially leading to a pause in visa processing for citizens from that nation. While countries like Iran, Iraq, South Sudan, and Russia could meet the criteria for designation, it remains uncertain if these powers will be exercised, as similar measures in the UK have not been utilized. Opposition and crossbench members have expressed frustration over the limited time allocated for debating the bill, criticizing the lack of consultation and the haste in pushing it through.
Departing from the notion that the legislation is linked to a pending High Court case involving an Iranian individual resisting deportation, officials from the Home Affairs Department emphasized that the bill was not timed in response to this legal challenge. Home Affairs secretary Stephanie Foster highlighted that the new law would serve as an additional tool in case of the government's defeat in the court case, ensuring swift action in managing individuals facing deportation issues. The department unveiled the recognition of a deficiency in the removal process for non-citizens last month, underscoring the urgency to address gaps to enhance the migration system's integrity. The absence of external consultations on the legislation has drawn criticism from legal experts and refugee advocates, who perceive the rushed nature of the bill as concerning both in its content and procedural handling.