Bill
Migration Amendment (Clarifying International Obligations for Removal) Bill 2021
passed, as at 2021-05-24. Immigration, Citizenship, Migrant Services and Multicultural Affairs portfolio.
- Sponsor
- Not recorded
- Portfolio
- Immigration, Citizenship, Migrant Services and Multicultural Affairs
Recorded stages
- introduced — 2021-03-25
- second reading — 2021-03-25
- second reading — 2021-05-12
- second reading — 2021-05-12
- committee — 2021-05-12
- third reading — 2021-05-12
- introduced — 2021-05-13
- second reading — 2021-05-13
- second reading — 2021-05-13
- second reading — 2021-05-13
- third reading — 2021-05-13
- passed — 2021-05-13
- royal assent — 2021-05-24
Divisions
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2021-05-13.3.2) "*that the Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 be exempted from the cut-off.*" In other words, they voted in favour of ignoring the usual rules - known as [standing orders](https://peo.gov.au/understand-our-parliament/how-parliament-works/parliament-at-work/standing-orders/) - in order to discuss that bill in this sitting period. — 2021-05-13, Senate: affirmative, ayes 36, noes 9
- The majority voted against a [motion](https://www.openaustralia.org.au/senate/?gid=2021-05-13.28.1) introduced by Tasmanian Senator [Nick McKim](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim) (Greens), which means it failed. ### Motion text > *At the end of the motion, add:* > >> *"and, in respect of the [Migration Amendment (Clarifying International Obligations for Removal) Bill 2021](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd063), the provisions of the bill be referred immediately to the [Legal and Constitutional Affairs Legislation Committee](https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs) for inquiry and report by 29 June 2021."* — 2021-05-13, Senate: negative, ayes 10, noes 33
- Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 - Second Reading - Agree with bill's main idea — 2021-05-13, Senate: affirmative, ayes 33, noes 9
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-05-13.82.1) introduced by the Australian Greens, which means it failed. ### Amendment text > *(2) Schedule 1, [item 3F](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6696_third-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6696_third-reps%2F0000%22;rec=0), page 8 (lines 23 and 24), to be opposed.* ### What does this bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd063): > *The purpose of the Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 (the Bill) is to amend the Migration Act 1958 to clarify that the Act does not authorise the removal of a person who is found to attract Australia’s protection obligations under international law. The Bill responds to two recent Federal Court decisions which found that section 197C of the Migration Act effectively overrides Australia’s international obligations not to return a person to a country where they face persecution or a real risk of significant harm (known as non-refoulement obligations). The Federal Court has found that currently, the Migration Act requires a person who is owed such obligations but is refused a protection visa, to either be removed from Australia or released from immigration detention.* > > *The Bill also inserts an express requirement that Australia’s protection obligations be considered before a decision is made whether to grant or refuse a protection visa.* In a nutshell, this amendment will ensure that people can continue to be detained in immigration detention if they have been refused a protection visa but cannot be returned to their own countries of origin due to Australia's international obligations of [non-refoulement](https://en.wikipedia.org/wiki/Non-refoulement). Read more about this bill in the [bills digest](https://www.aph.gov.au/Parliam — 2021-05-13, Senate: affirmative, ayes 33, noes 9
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2021-05-13.84.1) introduced by the Australian Greens, which means they failed. ### Amendment text > *(1) Schedule 1, [items 2 to 3D](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6696_third-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6696_third-reps%2F0000%22;rec=0), page 4 (line 8) to page 8 (line 18), omit the items, substitute:* > >> *2 Section 197C* >> >> *Repeal the section.* > > *(3) Schedule 1, [item 4](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6696_third-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6696_third-reps%2F0000%22;rec=0), page 9 (lines 1 to 3), omit subitem (3).* ### What does this bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd063): > *The purpose of the Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 (the Bill) is to amend the Migration Act 1958 to clarify that the Act does not authorise the removal of a person who is found to attract Australia’s protection obligations under international law. The Bill responds to two recent Federal Court decisions which found that section 197C of the Migration Act effectively overrides Australia’s international obligations not to return a person to a country where they face persecution or a real risk of significant harm (known as non-refoulement obligations). The Federal Court has found that currently, the Migration Act requires a person who is owed such obligations but is refused a protection visa, to either be removed from Australia or released from immigration detention.* > > *The Bill also inserts an express requirement that Australia’s protection obligations be considered before a decision is made whether to grant or refuse a protection visa.* In a nutshell, this amendment will ensure that p — 2021-05-13, Senate: negative, ayes 9, noes 33
- Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 - Third Reading - Pass the bill — 2021-05-13, Senate: affirmative, ayes 33, noes 9
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2021-03-25.
The bill would change how Australia removes certain non-citizens who have been found to need protection from being sent back to danger.
It would alter section 197C of the Migration Act so that the duty to remove does not apply unless a protection finding is overturned, the minister decides protection is no longer needed, or the person asks to leave.
The bill also requires the Parliamentary Joint Committee on Intelligence and Security to review the new rules within two years of the act starting.
- Modifies the effect of section 197C to prevent removal of unlawful non-citizens who have been found to engage protection obligations unless certain conditions are met.
- Ensures protection obligations are always assessed when considering a protection visa application, even if the applicant is ineligible due to criminal conduct or national security risks.
- Provides access to merits review for individuals previously found to engage protection obligations but later determined by the minister no longer to need them.
Unlawful non-citizens who have been found to engage protection obligations, particularly those with serious character or national security concerns, and the minister and department administering removal decisions.
Sources
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