Refugee Groups Criticize New Migration Bill for Failing to Protect Deported Non-Citizens

Refugee advocacy groups have expressed concerns about the lack of safeguards for asylum seekers deported to countries other than their own under recent law changes.

This issue arises as the Labor government seeks approval for the Migration Amendment Bill 2024 to address security gaps following a High Court ruling in 2023 that led to the release of over 200 detained asylum seekers into the community.

The bill streamlines the process of deporting unlawful non-citizens by removing their protection against their countries of origin or a third country.

Furthermore, the legislation enables the government to compensate third countries for accepting these non-citizens.

During a recent senate inquiry hearing, Rebecca Eckard, the director of policy and research at the Refugee Council of Australia, raised concerns about the treatment of non-citizens in third countries if the bill is passed.

She highlighted the absence of safeguards in the legislation to ensure the protection of individuals in third countries or to prevent refoulement—being returned to persecution and harm.

The director cited a recent case of asylum seekers from Central Africa who were returned to their home country by Papua New Guinea (PNG) without proper evaluation of their identity or protection needs.

Eckard warned that the proposed legislation could lead to more refugees facing similar situations in the future.

She emphasized the lack of accountability as the bill absolves the Australian government of responsibility for individuals removed from Australia and their treatment in third countries.

Concerns About Family Separation

Laura John, the associate legal director of the Human Rights Law Centre, expressed concerns about the bill’s failure to acknowledge the importance of family unity and address the complex circumstances of non-citizens with families.

She highlighted the potential for children to be sent to third countries and for Australian citizen children to be separated from their parents under the bill’s provisions.

Carina Ford, the Law Council of Australia Chair, mentioned the case of 17-year-old children in Manus Island and Nauru who could be affected by the new law.

Government’s Response

Home Affairs Secretary Stephanie Foster reassured the Committee that the bill does not expand the group of individuals subject to removal or alter the Department’s duty to deport unlawful non-citizens under the Migration Act.

She clarified that the legislation does not diminish Australia’s commitment to upholding its international legal obligations regarding refugees.

Foster stated that if individuals have protection against a specific country, the duty to remove them under section 198 of the Migration Act does not mandate deportation to that country.

Another Home Affairs representative explained that the bill provides additional mechanisms to facilitate the removal of individuals who are already required by law to be deported.