Concerns raised over delays in deportations and punitive visa conditions for non-citizens.
A bipartisan human rights committee has cautioned that the Albanese government’s proposed migration bill could result in prolonged detention for non-citizens before deportation to third countries willing to accept them. The bill also faces criticism for reintroducing controversial measures such as ankle bracelets and curfews for those released from immigration detention.
In a report tabled Wednesday, the committee—chaired by Labor MP Josh Burns—highlighted potential complications in implementing the bill. It warned that agreements with third countries could involve a “significant intervening period” before they are ready to accept deportees, particularly if infrastructure such as reception facilities needs to be constructed. This delay could leave non-citizens in detention for extended periods.
The proposed legislation, introduced earlier in November, allows the government to pay third countries to accept deportees and grants authority to re-detain individuals who refuse removal. The bill, supported by the Coalition, aims to address the aftermath of a recent High Court ruling that indefinite detention is unlawful. Those affected include over 200 people on Bridging Visa R released due to the ruling, 374 individuals still in immigration detention, and others on general bridging visas awaiting arrangements to leave Australia.
Experts estimate thousands could be impacted, including people denied protection visas, those brought from offshore detention, and individuals affected by the controversial fast-track visa rejection process.
Human Rights Concerns
The committee raised alarm over the conditions under which non-citizens might be sent to third countries. It noted that some countries could impose “unattainable or unrealistic” conditions for accepting deportees, potentially leading to extended detention in Australia.
The government has argued that it would no longer bear human rights obligations toward individuals once they leave the country. However, the committee pointed out that international law might still hold Australia accountable if it exercises “sufficient control” over deportees, such as in cases where family separations or returns to dangerous situations occur.
Ankle Bracelets and Curfews Under Scrutiny
The bill also revives measures allowing the reimposition of visa conditions, such as electronic monitoring and curfews, on individuals released from detention. These conditions had previously been deemed unlawful by the High Court in November. Home Affairs Minister Tony Burke has since introduced regulations enabling these restrictions when deemed necessary to protect against serious crimes.
The committee questioned the necessity of these “punitive conditions,” emphasizing that Australian citizens with criminal records do not face comparable restrictions after completing their sentences. It also criticized mandatory one-year prison terms for breaching visa conditions, warning that such penalties could result in disproportionate or overly harsh punishments.
Parliamentary Process and Next Steps
The bill passed the House of Representatives on Wednesday and is set to undergo a one-week inquiry by the legal and constitutional affairs committee, with hearings scheduled for Thursday evening. The government has yet to reveal which countries it plans to engage for deportation agreements.
A spokesperson for the Department of Home Affairs stated that the bill provides a framework for arranging the removal of non-citizens who have exhausted all legal options to stay in Australia and cannot return to their home countries. However, the department declined to comment on potential third-country agreements.
As debate continues, the proposed legislation faces scrutiny for its potential human rights implications and the practical challenges of implementation.