Migration Amendment (Giving Documents and Other Measures) Bill 2023

The majority voted in favour of a motion to agree with the main idea of the bill, which means it can now be considered in more detail.

Main idea of the bill

According to the bills digest, key points include:

• The Migration Amendment (Giving Documents and Other Measures) Bill 2023 (the Bill) will amend the Migration Act 1958 to make a number of changes to the current legislative framework for the giving of notices and other documents.
• This includes introducing a substantial compliance framework to make clear that strict adherence to the relevant statutory requirements for the provision of documents is not required in all situations.
• These proposed amendments appear to primarily be aimed at reducing litigation founded on technical or inconsequential disputes over the giving of documents or their precise wording.
• The Bill will also remove the current prohibition on non-citizens who are a national of two or more countries from lodging a valid application for a protection visa without the permission of the Minister. However, they will still need to demonstrate that they have taken all possible steps to avail themselves of a right to enter and reside in any country apart from Australia before being granted a visa.
• Stakeholders do not appear to have commented on the Bill at the time of writing this digest.