Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012

The majority voted against an amendment proposed by Greens Senator Sarah Hanson-Young.

This amendment would require that the Immigration Minister consider the Australian national interest and obligations under international law. Additionally, this amendment would require that asylum seekers will:

• be treated in a manner consistent with human rights standards under international law
• have appropriate accommodation
• have access to appropriate physical and mental health services
• have access to educational and vocational training programs
• be provided with assistance in preparing any asylum claim or visa application
• be able to appeal asylum claim or visa application decisions

This amendment would also require that the protection and welfare arrangements in place in the processing country are monitored by a body consisting of representatives of Australia and the country.

Someone who votes aye for this amendment supports these measures. The majority voted no to this amendment, so it was unsuccessful.

Background to the bill

This bill was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in Plaintiff M70/2011 v Minister for Immigration and Citizenship () HCA 32, which put an end to the Labor Government's Malaysia Solution policy.(Read more about the decision on Wikipedia here and on ABC News here. Read more about the effect of this decision on the Malaysia Solution here.)

To this end, the bill amends the Migration Act 1958 to replace the existing framework for taking offshore entry persons to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island, and alters the Immigration (Guardianship of Children) Act 1946 in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.

References