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

The majority voted in favour of a motion to read the bill a third time.

This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.

The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims.

Background to the bill

The 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 [2011] 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.

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