Modern Australian
The Times

Coalition demands amendments to government’s deportation bill, as crucial High Court judgement set for Friday

  • Written by Michelle Grattan, Professorial Fellow, University of Canberra

The Coalition is demanding extensive amendments to the government’s legislation targeting non-citizens who refuse to co-operate with their removal.

In a dissenting report to the senate inquiry into the legislation, the Coalition says it supports the “policy intent” of the legislation but has “significant concerns about potential unintended consequences”.

The legislation provides people refusing to cooperate in their deportation would face a mandatory year’s jail, with a maximum of five years. Countries refusing to accept involuntary returnees would also face sanctions, with their citizens (with some exceptions) unable to get visas to come to Australia.

The High Court on Friday will bring down its judgement in the case of an Iranian man who has refused to cooperate in his removal. If the Commonwealth lost this case, that could open the way for the release of another cohort of people who are detained, numbering perhaps 170.

The earliest the government could get the legislation through is next week, when parliament resumes for the budget. That’s assuming it can reach a deal with the Coalition. The Greens would not negotiate, declaring the bill “should be rejected in full”. Crossbench committee member David Pocock said the bill had “the potential to criminalise people for exercising their right to judicial review”.

The government had hoped to rush this legislation through in the last sitting, ahead of this High Court decision. But the opposition refused to cooperate.

This latest battle comes as the government struggles to deal with the fallout of the earlier release of about 150 detainees after an earlier High Court decision. One of these is alleged to have taken part in a home invasion in Parth in which an elderly woman was bashed. Many others have been charged with offences.

The report of the inquiry, by the senate’s Legal and Constitutional Affairs Legislation Committee, was released on Tuesday.

The government senators in the committee recommend the bill should be passed by the senate. They do say the minister should consider “community impacts when designating a country as a removal concern country”.

In its dissenting report, with 17 recommendations, the Coalition noted the Home Affairs department acknowledged the bill potentially served as a “pull factor for illegal boat arrivals” but said the government hadn’t said how it would adequately mitigate this risk.

It says the bill lacks clarity about who would be caught by it and lacks safeguards, transparency and parliamentary oversight of the ministerial powers it contains.

It points to human rights concerns, particularly relating to children and families.

When dealing with the removal a child the minister must assess whether the directive is in the best interests of the child, the Coalition says.

It says there should be a minimum time for a person to comply, which would allow them to take steps to comply and seek legal advice.

Within seven days of each month, the minister should have to provide a statement to be tabled in parliament on each removal direction, the Coalition says.

It says any declaration of a country as a removal concern country should be subject to a three-year sunset clause.

In declaring a country one of removal concern, the minister should consider factors, including the impact on diaspora groups.

The exemptions from the prohibition on applying for visas should be expanded to include parents of independent children, grandparents, siblings and dependent persons, the Coalition says.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more https://theconversation.com/coalition-demands-amendments-to-governments-deportation-bill-as-crucial-high-court-judgement-set-for-friday-229502

Chatswood Tutoring And Its Role In Academic Achievement

Academic success often requires more than classroom attendance alone. Students face increasing expectations as they progress through school, particu...

Why Laser Hair Removal Treatments Continue Growing In Popularity

Managing unwanted hair can become time-consuming and frustrating for many people, especially when shaving, waxing, and other temporary methods requi...

Choosing the Right Devices for a Flexible Workplace

For IT leaders managing large fleets, the device layer is where workforce productivity and security policy meet. The shift towards flexible and hybrid...

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...

Why Body Contouring Has Become A Popular Cosmetic Treatment

Many people maintain healthy lifestyles through regular exercise and balanced eating habits but still struggle with stubborn areas of fat that are d...

How to Choose the Right POS Hardware for Your Business in Australia

A lot of Australian business owners spend weeks researching POS software but buy hardware almost as an afterthought. That's a mistake. The wrong har...

Why Material Handling Hose Is Critical for Industrial Efficiency

A high-performance material handling hose is an essential component in industries that transport abrasive, dry, or bulk materials on a daily basis...

How to Choose the Right Lawyer in Melbourne for Your Situation

Choosing legal support can feel difficult, especially when the stakes are personal or business-related. The right lawyer in Melbourne should underst...

Hoteliers Look to Clever Value Adds to Increase Revenue

The Australian hospitality industry is still in recovery mode after a notoriously rough patch in recent years. While there has been a post-COVID tra...

Moving to Queensland? Here’s How to Prep Your Car for the Big Move North

There’s no sign of the northern migration slowing down, with thousands of southerners fleeing from chaotic lifestyles and cooler climates for a brig...

Diesel Shortage to Impact Trades and Contractors

Strait of Hormuz blockage affecting all major parts of trades and construction Trades and construction across residential, commercial and industria...

Why Holiday Home Owners Turn to Rental Management Agents

The Allure — and the Reality — of Renting Out Your Property Owning a holiday home is a dream for many Australians. Whether it's a beachside sha...

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...

Locksmith Services: Why Professional Security Solutions Matter More Than Ever

Security is a critical concern for homeowners, businesses, and vehicle owners alike. Whether it involves protecting a property, replacing damaged lo...

Why Tooth Fillings Are Important For Protecting Damaged Teeth

Cavities and minor tooth damage are common dental problems that can worsen if left untreated. Professional tooth fillings help restore damaged teeth, ...