Home Affairs Granted Stronger Powers for Travel Bans and Deportations

A view of the Immigration Detention Center (IDC) in Christmas Island, Australia on Feb. 29, 2012. Paula Bronstein/Getty Images

Australia’s new migration laws will give the home affairs minister greater powers to deport non-citizens and pay third-party governments to accept them.

The Albanese Labor government’s three migration bills, which passed the Senate on Nov. 28, also allows criminal penalties to be imposed on non-citizens who refuse to cooperate with their own deportation, and tougher security measures for detention facilities.

The bill was supported by the Coalition, which reached an agreement with Labor after securing minor safeguards, such as tougher scrutiny of protection visa applications, and new powers to ban travellers from entire countries.

On Nov. 27, Shadow Home Affairs and Immigration Ministers James Paterson and Dan Tehan announced the deal, with Tehan claiming that the Coalition is now “essentially running the immigration system for the government because they have failed to do it themselves.”

He also said the bill proposed is very similar to what the Coalition had proposed during its regime but was opposed by Labor.

What Is In the Bills?

The new migration legislation grants the Home Affairs minister the power to revoke the visa of individuals holding a subclass 070 Bridging (Removal Pending) Visa (BVR) if a third country agrees to accept them.

The BVR allows non-citizens to stay temporarily in the community until their removal.

The bill also makes deportation easier by removing some protections for unlawful non-citizens and provides immunity to Home Affairs officials doing this work. The minister can also ban asylum seekers from blacklisted countries.

Additionally, the bill gives detention officers new powers to seize prohibited items, conduct searches, and maintain order, including using methods like detector dogs.

The minister can designate certain items as prohibited if they pose a safety risk.

While expanding detention staff powers, the bill ensures detainees’ rights are protected, offering alternative communication devices if mobile phones are seized, allowing continued contact with family or legal advisors.

Original estimates from the Home Affairs Department said about 80,000 non-citizens might be affected by the amendments, but upon clarification, the laws will have a substantive effect on 5,000 people on bridging visas, and 1,000 in detention.

Human Rights Commission, Refugee Council Condemn the Law

The Australian Human Rights Commission has condemned the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024, raising concerns over its sweeping powers and potential infringement on detainees’ rights.

The Commission argues that the bill allows for blanket mobile phone bans in detention centres, contrary to its stance that restrictions should be imposed only on an individual basis following a risk assessment.

The bill’s provisions, which enable searches, screenings, and strip searches without suspicion, also raised alarm.

The Commission warns that these broad powers risk violating human rights standards.

At a recent Senate inquiry hearing, Rebecca Eckard, the director of policy and research at the Refugee Council of Australia, was concerned about the well-being of individuals sent to third countries.

“There are no safeguards in this legislation to ensure that people are protected in these third countries, or even protected from refoulement—being sent back to persecution and irreparable harm,” she told the Legal and Constitutional Affairs Legislation Committee.