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Coalition demands amendments to government's deportation bill, as
crucial High Court judgement set for Friday
(HTM) Source
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The Coalition is demanding extensive amendments to the government's
legislation targeting non-citizens who refuse to co-operate with their
removal.
In a dissenting report to the senate inquiry into the legislation, the
Coalition says it supports the "policy intent" of the legislation but
has "significant concerns about potential unintended consequences".
The legislation provides people refusing to cooperate in their
deportation would face a mandatory year's jail, with a maximum of five
years. Countries refusing to accept involuntary returnees would also
face sanctions, with their citizens (with some exceptions) unable to
get visas to come to Australia.
The High Court on Friday will bring down its judgement in the case of
an Iranian man who has refused to cooperate in his removal. If the
Commonwealth lost this case, that could open the way for the release
of another cohort of people who are detained, numbering perhaps 170.
The earliest the government could get the legislation through is next
week, when parliament resumes for the budget. That's assuming it can
reach a deal with the Coalition. The Greens would not negotiate,
declaring the bill "should be rejected in full". Crossbench committee
member David Pocock said the bill had "the potential to criminalise
people for exercising their right to judicial review".
The government had hoped to rush this legislation through in the last
sitting, ahead of this High Court decision. But the opposition refused
to cooperate.
This latest battle comes as the government struggles to deal with the
fallout of the earlier release of about 150 detainees after an earlier
High Court decision. One of these is alleged to have taken part in a
home invasion in Parth in which an elderly woman was bashed. Many
others have been charged with offences.
The report of the inquiry, by the senate's Legal and Constitutional
Affairs Legislation Committee, was released on Tuesday.
The government senators in the committee recommend the bill should be
passed by the senate. They do say the minister should consider
"community impacts when designating a country as a removal concern
country".
In its dissenting report, with 17 recommendations, the Coalition noted
the Home Affairs department acknowledged the bill potentially served
as a "pull factor for illegal boat arrivals" but said the government
hadn't said how it would adequately mitigate this risk.
It says the bill lacks clarity about who would be caught by it and
lacks safeguards, transparency and parliamentary oversight of the
ministerial powers it contains.
It points to human rights concerns, particularly relating to children
and families.
When dealing with the removal a child the minister must assess whether
the directive is in the best interests of the child, the Coalition
says.
It says there should be a minimum time for a person to comply, which
would allow them to take steps to comply and seek legal advice.
Within seven days of each month, the minister should have to provide a
statement to be tabled in parliament on each removal direction, the
Coalition says.
It says any declaration of a country as a removal concern country
should be subject to a three-year sunset clause.
In declaring a country one of removal concern, the minister should
consider factors, including the impact on diaspora groups.
The exemptions from the prohibition on applying for visas should be
expanded to include parents of independent children, grandparents,
siblings and dependent persons, the Coalition says.
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