The Government's Bid for Extraordinary Immigration Powers
reaching an agreement with the Coalition on a series of amendments.
A Senate committee led by Labor has been reviewing the proposed changes to the Migration Act, which passed the House of Representatives in March but stalled in the Senate.
The proposed amendments would significantly ease the deportation process by granting the government the power to force certain individuals to apply for departure from Australia or face imprisonment. Additionally, the government could effectively ban travel from countries that refuse to accept the return of their citizens.
The government sought these powers before the High Court ruled on the case of ASF-17, a man who refuses to cooperate with authorities seeking to deport him to Iran, where he claims he faces persecution. The High Court's judgment, expected on Friday, will have implications for 150 people currently held in immigration detention.
While the Coalition supported the bill in the lower house, it joined forces with the Greens to refer the matter to a committee before a Senate vote.
Coalition Demands Tighter Rules
In a dissenting report attached to the Senate inquiry's findings, the Coalition proposed 17 amendments deemed necessary for their support of the bill. These amendments include increased oversight provisions.
Senator Paul Scarr, the committee's deputy chair, expressed concerns that the legislation, as drafted, could affect thousands more people than intended. He emphasized the need to ensure that individuals with ongoing judicial review proceedings or ministerial applications are not subjected to the bill's removal powers.
Furthermore, Senator Scarr stressed the importance of narrowing the bill's scope and ensuring that the extraordinary powers, including mandatory minimum criminal penalties, are applied only in situations where all avenues to remain in Australia have been exhausted.
He also highlighted the need for greater consideration of the potential consequences of designating a country for visa processing suspension. The Coalition recommends amending the bill to require the minister to assess the potential impact on diaspora communities. Additionally, they propose adding a sunset clause for designations, causing them to expire after three years.