More Migration Legislation Resolving the Asylum Legacy Caseload

Friday 28 November 2014 @ 1.11 p.m. | Immigration

Previously we have reported on the Federal Government's Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 which, among other matters, would see the introduction of:

  • Temporary Protection Visas (TPVs) as a visa product for unauthorised arrivals, whether by air or by sea, who are found to engage Australia‘s protection obligations; and
  • create a new visa class to be known as Safe Haven Enterprise Visa (SHEV).

Temporary Protection Visa's (TPV's)

The reintroduction of TPVs is one of the Federal Government's key objectives in the whole opera that the migration debate has become and as the media reports today, is one of the "barnacles" which the Prime Minister and his immigration minister would like removed from the ship of government before it sails into the new year.

To a large extent, this was believed to have been achieved through the deal done with the Palmer United Party (the PUP) wherein the PUP would support the Bill in the Senate if the government also agreed to introduce a new class of visa, the SHEV referred to above, which was explained as being a new temporary five year "safe-haven" enterprise visa to attract refugees to regional areas and encourage “enterprise" through so called ". . . earning and learning’’.

The future of the agreement with the PUP, failing compromise by the government could now be in doubt, as the Guardian Reports today, because while the legislation that would implement the deal passed the House of Representatives last month, the legislation introduced by the government went a great deal further than what had been agreed with the PUP and ". . . did not provide any details or any clear pathway for safe haven visa (SHEV) holders to achieve permanent residency".

As the Guardian and others report, the government is struggling to lock in the support in Senate required to reintroduce TPV's as its solution for dealing with the backlog in processing for around 30,000 asylum-seekers, the government says it "inherited from Labor".

A Wide Sweep Apart from TPVs and SHEVs

Apart from reintroducing TPVs and SHEVs, the legislation has also raised concerns about a wide sweep of very controversial changes it seeks to bring in, for example, the legislation is reported to:

  • "redefine" who is eligible for refugee status;
  • attempts to prevent future High Court challenges against
    • the policy of boat turnbacks,
    • claims by asylum-seeker children born in Australia and
    • claims of human rights breaches under the UN refugee convention;
  • “fast-tracks” refugee processing;
  • removes rights of appeal; and
  • allows authorities to take detained vessels or persons anywhere in the world regardless of international or domestic law.

The Guardian reports that it is understood that Labor, the Greens and the cross-bench will seek to remove many of these additional measures, leaving the Bill focused on the visa issues.

Where it Stands on the Senate Numbers

The position in the Senate can only be described as unclear with Labor and the Greens are reported as definitely opposing the legislation. The PUP through Clive Palmer is seeking clarification of the governments position on SHEVs while independent Senator's like Nick Xenophon, David Leyonhjelm are still undecided and Jackie Lambie now independent has indicated she will only support government legislation if the government addresses her demand for an increase in defence force pay.

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