Labor and Coalition compromise on bill that allows refugees’ protection claims to be refused if they have no identity documents

A bill that would expand the powers of the refugee review tribunal (RRT) to deny asylum claims is set to pass parliament after Labor and the Coalition reached a compromise on amendments.



The migration amendment (protection and other measures) bill seeks to allow the RRT to draw unfavourable assessments on refugee claims when they are first presented, and creates grounds for authorities to reject protection claims if asylum seekers cannot or will not produce identity documents.



“While the Australian community has long accepted a responsibility to provide refuge to people who engage our protection obligations, the reciprocal responsibilities of people who seek protection in Australia were not clear in our law,” the assistant immigration minister, Michaelia Cash, told the Senate last week.



“The protection and other measures bill will state those responsibilities on the face of our legislation. If a person wants our help, that person is obliged to show good faith and honestly state their case as to who they are and why they need Australia’s protection.



“As a result of this bill, applicants will need to provide documentary evidence of their identity, nationality or citizenship, or have taken reasonable steps to do so in order to be granted a protection visa,” she said.



The bill would also increase the risk threshold for complementary protection from “a real chance” of persecution to “a more likely than not” chance.



Complementary protection, which was introduced by the last Labor government, offers refuge to people at risk of harm or persecution who do not fall into the UN definition of refugees. For example, women at risk of “honour” killings or genital mutilation could be covered under Australia’s system of complementary protection.



Labor, the Greens and several crossbench senators had raised concerns about increasing the risk threshold for complementary protection, which is schedule two of the bill.



The bill in its original form did not have enough support to pass the Senate.



Labor had a number of amendments it wanted to make to the bill, most critically the scrapping of schedule two.



“The measure in this schedule potentially allows people to be returned to places where they have a risk of suffering death or serious harm,” Labor frontbencher Kim Carr told the Senate last week. “If those changes were not part of this bill we would find it easier to support the legislation in an amended form.



“Whilst schedule two remains, however, Labor cannot support this bill. Labor has grave concerns about the bill’s significant changes to the way Australia determines whether it has an obligation to protect non-citizens,” Carr said.



Several amendments proposed by the caucus have been scrapped in order to reach an agreement with the Coalition to ensure the bill’s passage.

Cash said that the government “still maintains” that the change to the threshold is appropriate, but admitted that “the government recognises the voting intention of the majority of senators and expects that schedule two will be removed”.

The Greens and some other crossbenchers still have concerns with the bill, but the agreement between Labor and the Coalition effectively renders their opposition irrelevant, as the major parties have the numbers in the Senate without relying on crossbench votes.



Greens senator Sarah Hanson-Young said she was “concerned that the passing of this bill will mean thousands of refugees who are already here in Australia will be at huge risk of being deported and denied appropriate protection.”

“I’m disappointed that the Labor party has not stood up to the fear campaign of Tony Abbott on this one. I’m disappointed that they have not been able to show some strength in protecting people and standing for the rule of law, but we also have become accustomed to them going weak at the knees,” she said.

