The Refugee Council of Australia (RCOA) calls on the Australian Government to re-consider the Migration Amendment Bill and for all Parliamentarians to take time to consider the far-reaching consequences of this legislation.
“We are concerned that Parliamentarians have not had sufficient time to review the full implications of this Bill, including its impact on recognised refugees and their families,” said RCOA chief executive officer Paul Power.
This legislation would introduce new measures to allow the Australian Government to pay unknown third countries to accept certain non-citizens, including recognised refugees.
“While the Government has indicated it would only apply to a small group of people who had previously been in immigration detention, the legislation clearly applies to a wider group and could be further expanded by a future government.
There are no safeguards in the proposed Bill to ensure people will not be harmed or subject to detention in these unknown third countries. The Bill relinquishes any liability or responsibility from the Australian Government regarding people removed from Australia and their treatment in a third country.
“There is nothing in this legislation that would prevent the third country from detaining people indefinitely or from returning them to persecution and harm,” Mr Power said.
The Bill would grant the Minister sweeping powers to remove people’s refugee status in order to deport them, potentially putting refugees at risk of being sent back to persecution. This could be extended to a wider group of visa holders without sufficient oversight, raising fears of arbitrary and unjust decisions.
“The lack of safeguards to prevent such abuses represent a departure from democratic principles and the rule of law, underscoring the need for a careful re-evaluation of the Bill’s provisions.”
There are also major financial implications to this legislation, as it would permit Australia to pay third countries to receive people it wants removed. These financial arrangements with third countries carry substantial risks as evidenced by the investigation the Australian Government launched last year into allegations that hundreds of millions of dollars of taxpayers’ money were spent on suspect offshore detention payments to politicians and officials in Nauru and PNG.
This legislation erodes refugee protection, seeks to remove accountability and transparency and risks sending people to harm. Instead of pursuing harmful and costly offshore arrangements, we urge the Government to use humane, constructive and non-coercive measures to resolve the situation of people impacted by this legislation.