Update: As of the 12th of April, Submissions are closed. You can read Amnesty’s full submission Here.
On the 26th of March, the Government rushed to introduce the Migration Amendment (Removal and Other Measures) Bill 2024, a cruel bill likened to Donald Trump’s 2017 ‘Muslim ban’ policy.
A number of the elements of the Bill risk putting Australia in breach of its international obligations, including; the criminalisation of non-cooperation with removal, punishable with up to 5 years’ imprisonment with a mandatory sentence of 12 months; the ability of the Minister to arbitrarily reverse a person’s protection finding; and the broad prohibition on any type of visa applications from almost all nationals of certain countries.
The broad prohibition on nationals from certain countries, seriously undermines Australia’s long held “non-discriminatory” immigration policy.
Whilst initially passing the lower house, the Bill failed to pass the senate, with the Coalition, Greens and cross bench all opting to delay the Bill for at least six weeks. The deeply flawed legislation will now be explored by the Senate Legal and Constitutional Affairs Committee.
The committee has until the 7th of May to report on its findings, with submissions from the public accepted up until the 12th of April. Amnesty International is calling on our members and supporters to make a submission to the Senate Committee, urging them to recommend the government withdraw this clearly discriminatory and flawed legislation.
Writing a submission to this committee will be critical in stopping this cruel entry ban and deportation bill. The following sections explain how you can help stop this bill in a few easy steps.
Steps to writing your submission
- We have prepared a template submission you can use to write your submission. Download the template submission HERE.
- Personalise the parts in red. You can write the submission as an individual or as a community or group you are a part of. It’s important that you make the submission personal. The Committee wants to know why you or your community want this bill dropped, in your own words.
- Make sure you proofread it, or get someone to proofread it, before you send it off. You must include a name, postal or email address, and contact number of the someone making the submission.
- Submissions are published on the Parliament House website. If you want your name to be withheld when the submission is published, there is a space in the template to note this.
- Once your submission is done, you can upload your submission HERE. You may need to make a ‘My Parliament’ account to do this. Alternatively you can email your submission to legcon.sen@aph.gov.au
- Share this with anyone else who you think should share their thoughts, and work with them on writing a submission.
What is the Migration Amendment (Removals and Other Measures) Bill 2024?
The Migration Amendment (Removals and Other Measures) Bill 2024 is described by the government as an amendment to the Migration Act 1958 to: require non-citizens who are on a removal pathway and have exhausted all avenues to remain in Australia to cooperate with steps taken for the purpose of arranging their lawful removal from Australia; and make minor and technical amendments.
Amnesty International believes a number of the elements of the Bill risk putting Australia in breach of its international obligations, including; the criminalisation of non-cooperation with removal, punishable with up to 5 years’ imprisonment with a mandatory sentence of 12 months; the ability of the Minister to arbitrarily reverse a person’s protection finding; and the broad prohibition on any type of visa applications from almost all nationals of certain countries
What is the Senate Legal and Constitutional Affairs Committee?
Parliamentary committees investigate specific matters of policy or government administration or performance. They provide an opportunity for organisations and individuals to participate in policy making and to have their views placed on the public record and considered as part of the decision-making process.
The Senate Legal and Constitutional Affairs Committee is a multi partisan group of Senators tasked with investigating and scrutinising matters of policy within the Home Affairs and Attorney-General’s portfolios.
What happens with my submission?
Submissions are published on the Parliament House website, so only include information you would be happy to see published on the internet. You can ask for your name to be withheld from the submission, or for your submission to be kept private. It may take several weeks to publish your submission.
What comes next?
The committee will decide whether to accept your submission and whether to publish it. That is the conclusion of the first stage.
The second stage includes public hearings where the Committee members hear from people, and ask questions. There is no expectation of those who make a submission to attend a public hearing, however, if you wish to, you can include this in your submission and they may invite you. Hearings for this Bill will take place in Canberra on the 15th of April. The committee will then examine the Bill in detail, specifically looking at the legal and constitutional consequences of the government legislating this Bill.
The Committee will issue a report on the inquiry with their recommendations on the 7th of May. The government can then choose to accept or ignore the committee’s report.
If you have any questions, you can reach out to our Activism Coordinator edward.krutsch@amnesty.org.au
Other useful links:
- Human Rights Law Centre Explainer
- ASRC’s FAQ’s on the bill
- Refugee council of Australia Explainer
- More information on the Bill, including explanatory memoranda
