Migration Amendment (Protection and Other Measures) Bill 2014

The majority voted in favour of a motion that the bill be read for a second time. This means that the majority agree with the main idea of the bill and that it can now be discussed in more detail. (Read more about the stages that a bill must pass through to become law here. )

Background to the bill

The bill makes a number of changes to the Migration Act 1958, including:

• clarifying that it is the applicant and not the Minister who has the responsibility to specify all particulars of a protection claim and to provide sufficient evidence; (A protection claim is a claim for asylum that is made by asylum seekers.)
• creating grounds to refuse a protection visa application when an applicant refuses or fails to establish their identity, nationality or citizenship, and does not have a reasonable explanation for doing so;
• creating grounds to refuse a protection visa application when an applicant provides false documents to establish their identity or either destroys or discards identity evidence, or has caused that evidence to be destroyed or discarded;
• clarifying that a family member of a protection visa holder cannot be granted a protection visa on the basis of being a family member if they apply after the initial visa has been granted;
• providing that the Refugee Review Tribunal (RRT) must draw an unfavourable inference with regard to the credibility of claims or evidence that are raised for the first time before it if the review applicant has no reasonable explanation to justify why those claims and evidence were not raised before the primary decision was made by the Department of Immigration and Border Protection; and
• clarifying Australia’s interpretation of the likelihood of harm and the types of harm necessary to engage Australia’s non-refoulement obligations.

(See the bills digest for more information about these and other changes made by the bill.)

Both the Labor Party and Greens Party have expressed concern about the changes made in this bill. (Read more about the position taken by the opposition in relation to this bill in the bills digest.)