Scott Morrison seeks Migration Act changes to overhaul processing of asylum seeker claims

Updated

The Federal Government has introduced wide-ranging legislation to overhaul Australia's processing of asylum seeker claims.

Immigration Minister Scott Morrison says his amendments to the Migration Act will make it easier to send asylum seekers to other countries, and demands they provide documents more quickly to support their claim for protection.

"We need the tools to ensure public confidence in Australia's capacity to assess claims for asylum in the interests of this country, and against those who show bad faith," he said.

"These changes uphold the importance of integrity, the establishment of identity and increased efficiency in our protection processing system."

Mr Morrison says, if passed, it would become an asylum seeker's responsibility to prove their claim, and protection visa applications would be refused when a person cannot or will not establish their identity.

"This bill acts on the commitments that this Government, when in opposition, made, the commitment to ensure that those who destroy documents and those who do not engage in good faith of their identity will not be able to game our system," he said.

"Australians need to be confident that those who are found to be refugees are in fact who they say they are."

The Minister says the amendments acknowledge and respect that some asylum seekers, such as stateless people, do not have official documents.

But he says the ultimate responsibility for identification will lie with the asylum seeker.

"If asylum seekers do not cooperate with the Government to establish their identity they should not be given the benefit of a protection visa," he said.

Mr Morrison says the changes have been forced by recent court decisions and by the case load of asylum claims.

The bill is designed to put beyond doubt when a review of a decision has been "finally determined".

Bill raises risk threshold for returning asylum seekers

The bill also raises the risk threshold for sending arrivals in Australia back to another country.

Currently, people will not be returned to the country they came from if there's a 10 per cent chance they will suffer significant harm there.

The Government will now raise that risk threshold to greater than 50 per cent. Mr Morrison says the higher threshold is the Government's interpretation of its international obligations.

"It is the Government's position that the threshold applicable to the non-refoulement obligations under the [United Nation's] Convention against Torture and the ICCPR (International Covenant on Civil and Political rights) is more likely than not," he said.

"More likely than not means that there would be a greater than 50 per cent chance that a person would suffer significant harm in the country they are returned to.

"Now this is an acceptable position which is open to Australia under international law and reflects the Government's interpretation of Australia's obligations."

More likely than not means that there would be a 50 per cent chance that a person would suffer significant harm in the country they are returned to... this is an acceptable position which is open to Australia under international law. Scott Morrison

If passed, the bill would remove provisions for family reunions for asylum seekers who arrived in Australia by boat.

Mr Morrison says a relative of someone with an existing protection visa would not be granted a protection visa simply on the basis of being a member of same family.

He says a person who marries a protection visa holder years after the time they were granted a visa will also not be granted the same visa.

"Family migration is the appropriate pathway in that case," he said.

He says the change also discourages family members of protection visa holders from arriving in Australia.

"This amendment simply encourages members of the same family unit of a protection visa holder to use established pathways for family reunion," Mr Morrison said.

The Immigration Minister was hoping to also include an amendment removing the 90-day time limit for deciding a protection visa application.

However, Mr Morrison says last week's High Court decision ruling that the cap on Temporary Protection Visas is invalid has postponed the proposed changes.

"The Government will be returning to consider that matter after reviewing the High Court decision of last week and leaves the option open to pursue that change in a subsequent piece of legislation that we would seek to bring before this house," he said.

The 90-day rule also demands that a report be made to Parliament if a protection visa application has not been decided.

Labor and Greens concerned by 'shifting goal posts'

Labor is seeking a briefing form the Immigration Department on the legislation.

A spokesperson for Labor's immigration spokesman Richard Marles says the Opposition would be "extremely concerned if the Government attempts to use complex legislation to sneak through shifting the goal posts on what determines refugee status".

Greens immigration spokeswoman Sarah Hanson-Young says the proposed changes misunderstand the actions of asylum seekers.

"Forcing them to have to prove that they have over 50 per cent chance of people killed or tortured, otherwise they will be sent home, they won't be given protection," she said.

"That is incredibly ideological and grubby dog whistling. This is about allowing the Government to deport more refugees back home to danger."

Senator Hanson-Young says the bill will result in more asylum seekers lives being put at risk.

"This is a mean, dangerous law from the Government," she said.

"If this was not so serious, if it was not about life or death, it would actually be a joke."



Topics: immigration, community-and-society, refugees, government-and-politics, federal-government, federal-parliament, courts-and-trials, australia, asia

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