Bill
Migration Amendment (Limits on Immigration Detention) Bill 2023
lapsed, as at 2024-08-13.
- Sponsor
- Kylea Tink
- Portfolio
- Not recorded
Recorded stages
- introduced — 2023-11-27
- second reading — 2023-11-27
- other — 2024-08-13
Divisions
No divisions recorded. Most questions are decided on the voices; this does not establish that a bill was unopposed.
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2023-11-27.
This bill would change the Migration Act 1958 to better meet Australia's human rights commitments on immigration detention.
It would cap immigration detention at 90 days, with the Minister able to extend that period only if international law principles require it as a last resort, and any extension could be reviewed by the Administrative Appeals Tribunal.
The bill would also ban the detention of minors.
- Introduces a 90-day limit on immigration detention.
- Allows the Minister to extend detention beyond 90 days only when necessary, reasonable, and proportionate under international law.
- Makes ministerial extensions of detention reviewable by the Administrative Appeals Tribunal.
- Prohibits the detention of minors.
Non-citizens in Australia without a valid visa, including minors, and the Minister and the Administrative Appeals Tribunal.
Sources
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