Regulations and Determinations

The majority voted against a motion to disallow the Migration (Fast Track Applicant Class – Temporary Protection and Safe Haven Enterprise Visas) Instrument 2019. If it had been successful, that instrument would have stopped having legal force.

Tasmanian Senator Nick McKim (Greens) explained why he wanted the Instrument disallowed:

This is a classic example of scope creep by this government. Having established the unfair, punitive, unjust fast-track arrangements that have caught so many people who arrived in our country by boat seeking asylum, they now want to expand that erosion of rights and apply it to a further cohort of people. This Senate quite rightly rejected such a move by this government in the last parliament, and I call on my colleagues today to hold the line, stand up for some of the most vulnerable, disadvantaged people in our community today and vote to disallow this instrument. Almost exactly a year ago, the Morrison government attempted to extend fast-track assessments to people who arrived by boat before 2014 and were already living in Australia. That expansion would have captured an extra 108 people.

I want to make one thing very clear about the fast-track process: it is neither fast nor fair. The fast-track assessment process removes access to the normal processes of the Administrative Appeals Tribunal and denies people their rights to a fair review of government decisions.

Motion text

That the Migration (Fast Track Applicant Class – Temporary Protection and Safe Haven Enterprise Visas) Instrument 2019, made under the Migration Act 1958, be disallowed [F2019L00506].