Bill
Migration Amendment (Giving Documents and Other Measures) Bill 2023
passed, as at 2023-06-23. Home Affairs portfolio.
- Sponsor
- Not recorded
- Portfolio
- Home Affairs
Recorded stages
- introduced — 2023-05-24
- second reading — 2023-05-24
- other — 2023-05-30
- second reading — 2023-05-30
- other — 2023-05-31
- second reading — 2023-05-31
- committee — 2023-05-31
- third reading — 2023-05-31
- introduced — 2023-06-13
- second reading — 2023-06-13
- second reading — 2023-06-20
- second reading — 2023-06-20
- committee — 2023-06-20
- committee — 2023-06-21
- third reading — 2023-06-21
- passed — 2023-06-21
- royal assent — 2023-06-23
Divisions
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debates/?id=2023-05-31.12.1) to agree with the main idea of the bill, which means it can now be considered in more detail. ### Main idea of the bill According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2223a/23bd085), key points include: * *The Migration Amendment (Giving Documents and Other Measures) Bill 2023 (the Bill) will amend the Migration Act 1958 to make a number of changes to the current legislative framework for the giving of notices and other documents.* * *This includes introducing a substantial compliance framework to make clear that strict adherence to the relevant statutory requirements for the provision of documents is not required in all situations.* * *These proposed amendments appear to primarily be aimed at reducing litigation founded on technical or inconsequential disputes over the giving of documents or their precise wording.* * *The Bill will also remove the current prohibition on non-citizens who are a national of two or more countries from lodging a valid application for a protection visa without the permission of the Minister. However, they will still need to demonstrate that they have taken all possible steps to avail themselves of a right to enter and reside in any country apart from Australia before being granted a visa.* * *Stakeholders do not appear to have commented on the Bill at the time of writing this digest.* — 2023-05-31, House of Representatives: affirmative, ayes 91, noes 54
- The majority voted in favour of *disagreeing* with [amendments](https://www.openaustralia.org.au/debates/?id=2023-05-31.14.1) introduced by Wannon MP [Dan Tehan](https://theyvoteforyou.org.au/people/representatives/wannon/dan_tehan) (Liberal), which means they failed. ### What do the amendments do? Mr Tehan [explained that](https://www.openaustralia.org.au/debates/?id=2023-05-31.14.1): > *The coalition supports the first two changes to the act that the bill makes, but we have reservations on the third proposed change ... The third area basically reduces the workload of the minister and the department by removing the requirement for the minister to consider an application to allow someone to be able to lodge a protection visa application due to dual citizenship issues. The coalition cannot support this change as we believe it will have unintended consequences.* ### Amendment text > *(1) Clause 2, page 2 (table item 3), omit the table item.* > > *(2) Schedule 2, page 11 (line 1) to page 12 (line 4), omit the Schedule.* — 2023-05-31, House of Representatives: affirmative, ayes 89, noes 57
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2023-06-15.44.1) introduced by Tasmanian Senator [Nick McKim](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim) (Greens), which related to an inquiry into the [Migration Amendment (Giving Documents and Other Measures) Bill 2023](Migration Amendment (Giving Documents and Other Measures) Bill 2023). ### Senator McKim's amendment > *At the end of the motion, add:* > > *"and, in respect of the Migration Amendment (Giving Documents and Other Measures) Bill 2023, the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 31 July 2023".* — 2023-06-15, Senate: negative, ayes 13, noes 28
- The majority voted in favour of keeping schedule 2 in the bill. In other words, they voted "*that schedule 2 stand as printed.*" ### What is schedule 2? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2223a/23bd085), schedule 2 will: > *remove the current prohibition on non-citizens who are a national of two or more countries from lodging a valid application for a protection visa without the permission of the Minister. However, they will still need to demonstrate that they have taken all possible steps to avail themselves of a right to enter and reside in any country apart from Australia before being granted a visa.* — 2023-06-21, Senate: affirmative, ayes 35, noes 27
- The majority voted in favour of keeping schedule 1 in the bill. In other words, they voted "*that schedule 1 stand as printed.*" ### What is schedule 1? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2223a/23bd085), schedule 1 deals with the changes to the giving of notices and other documents: * *This includes introducing a substantial compliance framework to make clear that strict adherence to the relevant statutory requirements for the provision of documents is not required in all situations.* * *These proposed amendments appear to primarily be aimed at reducing litigation founded on technical or inconsequential disputes over the giving of documents or their precise wording.* — 2023-06-21, Senate: affirmative, ayes 26, noes 12
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2023-05-24.
This bill changes the Migration Act 1958 to make document delivery rules clearer and to let more people apply for protection visas.
It would require written notices for all visa cancellations, allow regulations to set delivery methods, and treat documents as valid if the person actually gets them despite minor errors.
The bill would also remove the ban that stops people with multiple nationalities or certain residency rights from lodging protection visa applications.
- All cancellation-related notices must be in writing.
- The minister can give documents by any method if the person receives them, even if there are minor errors.
- A document is considered compliant if the minister mostly followed the rules and the person's rights are not seriously harmed.
- The bill removes the legal barrier that prevented some non-citizens from applying for protection visas.
People applying for protection visas, the Minister, the Department, and the Administrative Appeals Tribunal and courts.
Sources
em
billhome
frl act