Migration Amendment Bill 2024 [Provisions]
This report summarises the findings of the inquiry into the Migration Amendment Bill 2024 (the Bill), which aims to address legal and operational challenges in Australia's migration system concerning the removal of non-citizens. This report contains context and an examination of the key concerns related to the Bill and the proposed amendments.
The proposed amendments include:
- the provision of civil liability immunity to Australian officers and the Commonwealth, as well as to foreign governments and their officers, when undertaking actions related to the removal of unauthorised maritime arrivals to regional processing countries, and
- enabling the minister or a departmental officer to collect, use or disclose ‘criminal history information’, including to the government of a foreign country for purposes related to removal pathway non-citizens.
The Bill's provisions for civil liability immunity have been criticized for potentially shielding the government from accountability for harm caused to individuals removed from Australia. The Bill also raises concerns about potential human rights implications, particularly the lack of safeguards for individuals removed to third countries.
The committee ultimately concluded that, while the Bill raised valid concerns, the proposed measures were justified to ensure the effective removal of non-citizens deemed to pose a risk to the community or who have no legal basis to remain in Australia.
A dissenting report from Senator David Shoebridge of the Australian Greens contends that the Bill is 'a fundamental threat to Australia’s international obligations and multiculturalism in this country'. The dissent argues that the Bill is discriminatory, excessively punitive and does not do enough to protect the human rights of affected persons, recommending the Bill be rejected in its entirety.
