The Albanese Labor government’s proposed migration amendments could lead to the deportation of up to 80,000 individuals across various visa categories.
The proposed amendments to the Migration Act have passed the House of Representatives and is being scrutinised via a Senate inquiry.
In addition to compensating third countries involved in the deportations, the bill offers immunity to government officials and third-country agents involved in the removals.
Furthermore, it can reverse protection findings for refugees.
The push follows a High Court ruling that deemed indefinite immigration detention unlawful, which resulted in the release of around 200 non-citizens. Several went on to re-commit crimes.
Immigration compliance official Michael Thomas revealed during Estimates that the Bill could potentially impact an additional 75,400 individuals, including those on Bridging Visa E, in detention, or from the NZYQ cohort.
Former Manus Island detainee and Kurdish-Iranian writer Behrouz Boochani condemned the bill’s potential impact warning deported non-citizens could face detention and even torture in the countries they get sent to.
“Based on this bill, you are going to send them to another country to start again and we know those countries that you are going to send people actually, they can detain them, they can deport them and they can torture them,” he said.
Bill Aims to Improve Safety in Detention Centres
Meanwhile, the bill also introduces new powers for detention officers to seize prohibited items, conduct searches, and maintain order within facilities.Under the proposed amendments, the minister will have the power to designate certain items as prohibited if they pose a safety risk.
The bill also strengthens officers’ ability to search for and seize prohibited items without a warrant, using methods like detector dogs to assist in searches.
“This bill responds to calls for action from the Australian Border Force, as well as external parties, including the Australian Human Rights Commission,” said Immigration Minister Tony Burke.
Burke stressed that most asylum seekers now in immigration detention have serious criminal histories, with about 90 percent holding convictions for violent and drug-related crimes.
Safeguarding Detainees’ Communication Rights
While the bill gives detention staff greater control, it also includes protections for detainees’ rights.If a mobile phone or communication device is seized, detainees will be provided with an alternative device to stay in touch with family or legal advisors.
This ensures detainees’ right to communicate remains intact, as long as the devices are not being misused in ways that could harm others in the facility.
“The bill effectively balances the rights of the individuals with the duty of care owed by the Commonwealth,” Burke said.
