Migration Amendment (Reinstatement of Temporary Protection Visas) Bill 2013 [No. 2] introduced to deter people smugglers

A new Private Member’s Bill, the Migration Amendment (Reinstatement of Temporary Protection Visas) Bill 2013 [No. 2] was introduced into the Senate yesterday. The Bill replicates Coalition MP Scott Morrison’s Bill, the Migration Amendment (Reinstatement of Temporary Protection Visas) Bill 2013 introduced into the House of Representatives earlier in February this year.  

Both Bills are designed to reduce Australia’s appeal as a destination for people smugglers through changing the protection visa regime for eligible people who illegally enter Australia and arrive at an ‘excised offshore place’ such as Christmas Island, Ashmore, or the Cocos Islands. To be eligible a person must be found to engage Australia's protection obligations, meet health and character requirements and be without protection from any other country.

The new Bill restores Temporary Protection visas, abolished under the Rudd Government, with the idea that these visas make it more difficult to sell the “fantasy of permanent residence in Australia.” The visas are valid for a term of up to three years and give the holder the right to work, special benefits payments and access to Medicare. Although Temporary Protection visas can be applied for successively, on the conclusion of the term, unless the minister allows an application for a permanent protection visa to be made, there is no entitlement for family reunion; it does not give the right for the holder to re-enter Australia if they depart; and it is a condition of the visa that the holder satisfy mutual obligation requirements such as work for the dole, if receiving special benefit payments.

Under the rationale that Australia’s safe haven obligations under the refugee convention are not for an indefinite term, refugee claims will be considered anew each time an application is made for a further temporary visa. In the words of the Hon Scott Morrison, Liberal Party Shadow Minister for Immigration and Citizenship: “At the end of the term of the visa, we will reassess your claim; and if you are in a position to return home, then home you will go.”

In contrast to an eligible person coming directly to Australia, if someone has sought to come to Australia but has already entered a country in which they could have sought asylum, such as Indonesia or Malaysia, the new Bill would absolutely deny the opportunity to ever apply for a permanent visa.

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