Australian Parliament warned against passing migration amendments
Australia's proposed amendment to the country's Migration Act 1958 is "highly disproportionate and punitive," according to the Law Council of Australia.
The Migration Amendment (Removal and Other Measures) Bill 2024 seeks to require non-citizens who are on a removal pathway, and have exhausted their options to stay in Australia, to cooperate with measures to arrange their lawful removal from the country.
Greg McIntyre, president of the Law Council of Australia, said the measures under the bill are "not the way" to achieve a legitimate objective.
"The bill is highly disproportionate and punitive in its effect on predominantly vulnerable individuals. No evidence of any serious or widespread problem to justify this response has been produced by its proponents," McIntyre said in a statement.
He said some aspects of the bill "do not comply with Australia's obligations under international law," as it generates a possibility of creating a real risk of harm against individuals.
"The bill's supporting materials do not appear to grapple with the possibility that it may lead to situations in which Australia breaches its own non-refoulement obligations under international law. This underlines its fundamentally flawed nature," McIntyre added.
The council also reiterated its opposition to minimum mandatory sentences stipulated in the proposed amendment.
Under the proposal, non-compliance with directions can put an individual behind bars for up to five years, with the minimum sentence being at least 12 months.
"These are vastly disproportionate responses to a failure to comply with directions – which may involve minor conduct which is not harmful or dangerous," McIntyre said.
The council also expressed concerns over the minister's authority to designate "removal concern countries" under the proposal, noting that it would have a punitive effect for those seeking an Australian visa from overseas.
"If enacted, this discriminatory measure would represent a disturbing departure from Australia’s longstanding system of merit-based consideration of every individual visa application," McIntyre said.
The council said the Parliament should not pass the bill, and instead hold consultations with the public over the proposal's potential implications.
"This would provide a basis for pursuing more moderate reforms," McIntyre said.
