Division Description Changes — Bills — Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011; Second Reading — 15th Aug 2012

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representatives vote 2012-08-15#1

Edited by system

on 2014-10-07 16:21:03

Title

Description

  • The majority voted against a [http://www.openaustralia.org/debate/?id=2012-08-14.45.1 motion] proposed by Liberal MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Scott_Morrison&mpc=Cook&house=representatives Scott Morrison].
  • The motion was to amend a [http://www.openaustralia.org/debate/?id=2011-09-22.24.1 previous motion] proposed by Greens MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Adam_Bandt&mpc=Melbourne&house=representatives Adam Bandt]. The wording of Morrison's motion is the following:
  • ''That all words after "House" be omitted with a view to substituting the following words:''
  • ''(1) notes that the Government has accepted the Coalition’s policy of offshore processing of asylum seekers on Nauru and Manus Island; and''
  • ''(2) calls upon the Government to implement the full suite of the Coalition’s successful policies and calls upon the government to immediately:''
  • ''(a) restore temporary protection visas for all offshore entry persons found to be refugees;''
  • ''(b) issue new instructions to Northern Command to commence to turn back boats where it is safe to do so;''
  • ''(c) use existing law to remove the benefit of the doubt on a person's identity where there is a reasonable belief that a person has deliberately discarded their documentation; and''
  • ''(d) restore the Bali Process to once again focus on deterrence and border security.''
  • Background to the bill
  • The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 bill] was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] () HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.(Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].)
  • To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php offshore entry persons] to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as [http://en.wikipedia.org/wiki/Christmas_Island Christmas Island], and alters the ''Immigration (Guardianship of Children) Act 1946'' in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.
  • References
  • The majority voted against a [motion](http://www.openaustralia.org/debate/?id=2012-08-14.45.1) proposed by Liberal MP [Scott Morrison](http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Scott_Morrison&mpc=Cook&house=representatives).
  • The motion was to amend a [previous motion](http://www.openaustralia.org/debate/?id=2011-09-22.24.1) proposed by Greens MP [Adam Bandt](http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Adam_Bandt&mpc=Melbourne&house=representatives). The wording of Morrison's motion is the following:
  • _That all words after "House" be omitted with a view to substituting the following words:_
  • _(1) notes that the Government has accepted the Coalition’s policy of offshore processing of asylum seekers on Nauru and Manus Island; and_ _(2) calls upon the Government to implement the full suite of the Coalition’s successful policies and calls upon the government to immediately:_ _(a) restore temporary protection visas for all offshore entry persons found to be refugees;_ _(b) issue new instructions to Northern Command to commence to turn back boats where it is safe to do so;_ _(c) use existing law to remove the benefit of the doubt on a person's identity where there is a reasonable belief that a person has deliberately discarded their documentation; and_ _(d) restore the Bali Process to once again focus on deterrence and border security._
  • Background to the bill
  • The [bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22) was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in [_Plaintiff M70/2011 v Minister for Immigration and Citizenship_](http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query=) () HCA 32, which put an end to the Labor Government's [Malaysia Solution](http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration) policy.(Read more about the decision on Wikipedia [here](http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship) and on ABC News [here](http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218). Read more about the effect of this decision on the Malaysia Solution [here](http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154).)
  • To this end, the bill amends the _Migration Act 1958_ to replace the existing framework for taking [offshore entry persons](http://www.refugeecouncil.org.au/r/glo.php) to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as [Christmas Island](http://en.wikipedia.org/wiki/Christmas_Island), and alters the _Immigration (Guardianship of Children) Act 1946_ in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.
  • References
representatives vote 2012-08-15#1

Edited by system

on 2014-10-07 16:16:52

Title

Description

  • The majority voted against a [http://www.openaustralia.org/debate/?id=2012-08-14.45.1 motion] proposed by Liberal MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Scott_Morrison&mpc=Cook&house=representatives Scott Morrison].
  • The motion was to amend a [http://www.openaustralia.org/debate/?id=2011-09-22.24.1 previous motion] proposed by Greens MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Adam_Bandt&mpc=Melbourne&house=representatives Adam Bandt]. The wording of Morrison's motion is the following:
  • ''That all words after "House" be omitted with a view to substituting the following words:''
  • ''(1) notes that the Government has accepted the Coalition’s policy of offshore processing of asylum seekers on Nauru and Manus Island; and''
  • ''(2) calls upon the Government to implement the full suite of the Coalition’s successful policies and calls upon the government to immediately:''
  • ''(a) restore temporary protection visas for all offshore entry persons found to be refugees;''
  • ''(b) issue new instructions to Northern Command to commence to turn back boats where it is safe to do so;''
  • ''(c) use existing law to remove the benefit of the doubt on a person's identity where there is a reasonable belief that a person has deliberately discarded their documentation; and''
  • ''(d) restore the Bali Process to once again focus on deterrence and border security.''
  • Background to the bill
  • The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 bill] was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
  • The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 bill] was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] () HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.(Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].)
  • To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php offshore entry persons] to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as [http://en.wikipedia.org/wiki/Christmas_Island Christmas Island], and alters the ''Immigration (Guardianship of Children) Act 1946'' in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.
  • References
  • * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].
representatives vote 2012-08-15#1

Edited by mackay staff

on 2014-02-24 10:08:13

Title

Description

  • The majority voted against a [http://www.openaustralia.org/debate/?id=2012-08-14.45.1 motion] proposed by Liberal MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Scott_Morrison&mpc=Cook&house=representatives Scott Morrison].
  • The motion was to amend a [http://www.openaustralia.org/debate/?id=2011-09-22.24.1 previous motion] proposed by Greens MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Adam_Bandt&mpc=Melbourne&house=representatives Adam Bandt]. The wording of Morrison's motion is the following:
  • ''That all words after "House" be omitted with a view to substituting the following words:''
  • ''(1) notes that the Government has accepted the Coalition’s policy of offshore processing of asylum seekers on Nauru and Manus Island; and''
  • ''(2) calls upon the Government to implement the full suite of the Coalition’s successful policies and calls upon the government to immediately:''
  • ''(a) restore temporary protection visas for all offshore entry persons found to be refugees;''
  • ''(b) issue new instructions to Northern Command to commence to turn back boats where it is safe to do so;''
  • ''(c) use existing law to remove the benefit of the doubt on a person's identity where there is a reasonable belief that a person has deliberately discarded their documentation; and''
  • ''(d) restore the Bali Process to once again focus on deterrence and border security.''
  • Background to the bill
  • The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 bill] was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
  • To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php offshore entry persons] to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as [http://en.wikipedia.org/wiki/Christmas_Island Christmas Island], and alters the ''Immigration (Guardianship of Children) Act 1946'' in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.
  • References
  • * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].
  • * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].
representatives vote 2012-08-15#1

Edited by mackay staff

on 2014-02-21 17:26:43

Title

  • Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 - Second Reading
  • Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 - Second Reading - Coalition's policies

Description

  • The majority voted against a [http://www.openaustralia.org/debate/?id=2012-08-14.45.1 motion] proposed by Liberal MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Scott_Morrison&mpc=Cook&house=representatives Scott Morrison].
  • The motion was to amend a [http://www.openaustralia.org/debate/?id=2011-09-22.24.1 previous motion] proposed by Greens MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Adam_Bandt&mpc=Melbourne&house=representatives Adam Bandt]. Morrison's motion was to omit the substance of Bandt's wording and replace it with the following:
  • The motion was to amend a [http://www.openaustralia.org/debate/?id=2011-09-22.24.1 previous motion] proposed by Greens MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Adam_Bandt&mpc=Melbourne&house=representatives Adam Bandt]. The wording of Morrison's motion is the following:
  • ''That all words after "House" be omitted with a view to substituting the following words:''
  • ''(1) notes that the Government has accepted the Coalition’s policy of offshore processing of asylum seekers on Nauru and Manus Island; and''
  • ''(2) calls upon the Government to implement the full suite of the Coalition’s successful policies and calls upon the government to immediately:''
  • ''(a) restore temporary protection visas for all offshore entry persons found to be refugees;''
  • ''(b) issue new instructions to Northern Command to commence to turn back boats where it is safe to do so;''
  • ''(c) use existing law to remove the benefit of the doubt on a person's identity where there is a reasonable belief that a person has deliberately discarded their documentation; and''
  • ''(d) restore the Bali Process to once again focus on deterrence and border security.''
  • Background to the bill
  • The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 bill] was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
  • To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php offshore entry persons] to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as [http://en.wikipedia.org/wiki/Christmas_Island Christmas Island], and alters the ''Immigration (Guardianship of Children) Act 1946'' in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.
  • References
  • * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].
representatives vote 2012-08-15#1

Edited by mackay staff

on 2014-02-21 17:24:30

Title

Description

  • The majority voted against a [http://www.openaustralia.org/debate/?id=2012-08-14.45.1 motion] proposed by Liberal MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Scott_Morrison&mpc=Cook&house=representatives Scott Morrison].
  • The motion was to amend a [http://www.openaustralia.org/debate/?id=2011-09-22.24.1 previous motion] proposed by Greens MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Adam_Bandt&mpc=Melbourne&house=representatives Adam Bandt]. Morrison's motion was to omit the substance of Bandt's wording and replace it with the following:
  • ''That all words after "House" be omitted with a view to substituting the following words:''
  • ''(1) notes that the Government has accepted the Coalition’s policy of offshore processing of asylum seekers on Nauru and Manus Island; and''
  • ''(2) calls upon the Government to implement the full suite of the Coalition’s successful policies and calls upon the government to immediately:''
  • ''(a) restore temporary protection visas for all offshore entry persons found to be refugees;''
  • ''(b) issue new instructions to Northern Command to commence to turn back boats where it is safe to do so;''
  • ''(c) use existing law to remove the benefit of the doubt on a person's identity where there is a reasonable belief that a person has deliberately discarded their documentation; and''
  • ''(d) restore the Bali Process to once again focus on deterrence and border security.''
  • Background to the bill
  • The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 bill] was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
  • To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php offshore entry persons] to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as [http://en.wikipedia.org/wiki/Christmas_Island Christmas Island], and alters the ''Immigration (Guardianship of Children) Act 1946'' in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.
  • References
  • * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].
representatives vote 2012-08-15#1

Edited by mackay staff

on 2014-02-21 17:23:34

Title

Description

  • The majority voted against a [http://www.openaustralia.org/debate/?id=2012-08-14.45.1 motion] proposed by Liberal MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Scott_Morrison&mpc=Cook&house=representatives Scott Morrison].
  • The motion was to amend a [http://www.openaustralia.org/debate/?id=2011-09-22.24.1 previous motion] proposed by Greens MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Adam_Bandt&mpc=Melbourne&house=representatives Adam Bandt]. Morrison's motion was to omit the substance of Bandt's wording and replace it with the following:
  • ''(1) notes that the Government has accepted the Coalition’s policy of offshore processing of asylum seekers on Nauru and Manus Island; and
  • (2) calls upon the Government to implement the full suite of the Coalition’s successful policies and calls upon the government to immediately:
  • (a) restore temporary protection visas for all offshore entry persons found to be refugees;
  • (b) issue new instructions to Northern Command to commence to turn back boats where it is safe to do so;
  • (c) use existing law to remove the benefit of the doubt on a person's identity where there is a reasonable belief that a person has deliberately discarded their documentation; and
  • (d) restore the Bali Process to once again focus on deterrence and border security.''
  • ''(1) notes that the Government has accepted the Coalition’s policy of offshore processing of asylum seekers on Nauru and Manus Island; and''
  • ''(2) calls upon the Government to implement the full suite of the Coalition’s successful policies and calls upon the government to immediately:''
  • ''(a) restore temporary protection visas for all offshore entry persons found to be refugees;''
  • ''(b) issue new instructions to Northern Command to commence to turn back boats where it is safe to do so;''
  • ''(c) use existing law to remove the benefit of the doubt on a person's identity where there is a reasonable belief that a person has deliberately discarded their documentation; and''
  • ''(d) restore the Bali Process to once again focus on deterrence and border security.''
  • ''Background to the bill''
  • Background to the bill
  • The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 bill] was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
  • To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php offshore entry persons] to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as [http://en.wikipedia.org/wiki/Christmas_Island Christmas Island], and alters the ''Immigration (Guardianship of Children) Act 1946'' in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.
  • References
  • * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].
representatives vote 2012-08-15#1

Edited by mackay staff

on 2014-02-21 17:23:00

Title

  • Bills — Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011; Second Reading — 15 Aug 2012 — Division No. 1
  • Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 - Second Reading

Description

  • The majority voted against a [http://www.openaustralia.org/debate/?id=2012-08-14.45.1 motion] proposed by Liberal MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Scott_Morrison&mpc=Cook&house=representatives Scott Morrison].
  • <p> This is a vote on the <a href="http://www.peo.gov.au/students/fact_sheets/making_law.html">second reading</a> of the Bill in the House of Representatives. The majority voted no, which means these members do not support the main idea of the Bill. </p>
  • <p><b> Background of the Bill</b></p>
  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.</p>
  • <p> This Bill alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
  • The motion was to amend a [http://www.openaustralia.org/debate/?id=2011-09-22.24.1 previous motion] proposed by Greens MP [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Adam_Bandt&mpc=Melbourne&house=representatives Adam Bandt]. Morrison's motion was to omit the substance of Bandt's wording and replace it with the following:
  • ''(1) notes that the Government has accepted the Coalition’s policy of offshore processing of asylum seekers on Nauru and Manus Island; and
  • (2) calls upon the Government to implement the full suite of the Coalition’s successful policies and calls upon the government to immediately:
  • (a) restore temporary protection visas for all offshore entry persons found to be refugees;
  • (b) issue new instructions to Northern Command to commence to turn back boats where it is safe to do so;
  • (c) use existing law to remove the benefit of the doubt on a person's identity where there is a reasonable belief that a person has deliberately discarded their documentation; and
  • (d) restore the Bali Process to once again focus on deterrence and border security.''
  • ''Background to the bill''
  • The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 bill] was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
  • To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php offshore entry persons] to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as [http://en.wikipedia.org/wiki/Christmas_Island Christmas Island], and alters the ''Immigration (Guardianship of Children) Act 1946'' in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.
  • References
  • * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-15 17:31:46

Title

Description

  • <p> This is a vote on the <a href="http://www.peo.gov.au/students/fact_sheets/making_law.html">second reading</a> of the Bill in the House of Representatives. The majority voted aye, which means these members support the main idea of the Bill. </p>
  • <p> This is a vote on the <a href="http://www.peo.gov.au/students/fact_sheets/making_law.html">second reading</a> of the Bill in the House of Representatives. The majority voted no, which means these members do not support the main idea of the Bill. </p>
  • <p><b> Background of the Bill</b></p>
  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.</p>
  • <p> This Bill alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-15 17:30:52

Title

Description

  • <p> This is a vote on the <a href="http://www.peo.gov.au/students/fact_sheets/making_law.html">second reading</a> of the Bill in the House of Representatives. The majority voted aye, which means these members support the main idea of the Bill. </p>
  • <p><b> Background of the Bill</b></p>
  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.</p>
  • <p> This Bill alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 17:43:33

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.</p>
  • <p> This Bill alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. The rationale behind this legislation is the need to discourage asylum seekers arriving in Australia by boat because of the dangers involved. </p>
  • <p> This Bill alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 17:40:04

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.</p>
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> This Bill alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. The rationale behind this legislation is the need to discourage asylum seekers arriving in Australia by boat because of the dangers involved. </p>
  • <p> More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 10:05:20

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.</p>
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 09:37:18

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.</p>
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> More information about this bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
  • <p> More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 09:17:02

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.</p>
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures? Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> More information about this bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 09:15:43

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.
  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.</p>
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures? Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>.
  • More information about this bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures? Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p>
  • <p> More information about this bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.</p>
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 09:15:15

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid under the Constitution. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory dentention for all asylum seekers at an offshore place, such as Christmas Island.
  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island.
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures? Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>.
  • More information about this bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here </a>.
  • More information about this bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 09:04:59

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid under the Constitution. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory dentention for all asylum seekers at an offshore place, such as Christmas Island.
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures? Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>.
  • More information about this bill and the context surrounding it can be found here <a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> </a>.
  • More information about this bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here </a>.
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 09:03:46

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid under the Constitution. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory dentention for all asylum seekers at an offshore place, such as Christmas Island.
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures? Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>.
  • More information about this bill and the context surrounding it can be found here <a href=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22> </a>.
  • More information about this bill and the context surrounding it can be found here <a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> </a>.
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-13 09:03:08

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid under the Constitution. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees.
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia.
  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid under the Constitution. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees. The Bill also replaces discretionary detention with mandatory dentention for all asylum seekers at an offshore place, such as Christmas Island.
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures? Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>.
  • More information about this bill and the context surrounding it can be found here <a href=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22> </a>.
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-12 16:44:46

Title

Description

  • <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid under the Constitution. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons for assessment of their claims to be refugees.
  • <p> This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia.
representatives vote 2012-08-15#1

Edited by Natasha Burrows

on 2013-09-12 16:32:47

Title

  • Bills — Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011; Second Reading
  • Bills — Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011; Second Reading — 15 Aug 2012 — Division No. 1

Description

  • <p class="speaker">Craig Kelly</p>
  • <p>I am pleased to support the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 because this bill is the first step in cleaning up the giant mess that will be recorded as one of the most catastrophic failures of policy in our nation's history. And we all know that history. Back in 1999, under the Howard government, we had a problem. In that year 3,721 asylum seekers embarked on that dangerous voyage on 86 boats. The following year people smugglers sent 2,939 asylum seekers off on boats. In 2001, 5,516 made that dangerous voyage on 43 boats. And during that time we had lives lost. Over 353 people were drowned at sea during that period.</p>
  • <p>One of the most vocal critics of that situation at the time was our current Prime Minister, who said, 'Another boat arrival; another policy failure.' So the Howard government took the necessary action with a three-pronged policy: processing on Nauru, temporary protection visas and turning the boats around where possible. And it worked.</p>
  • <p>Between 1999 and the introduction of the Pacific solution in late 2001 over 12,000 asylum seekers had arrived by boat. In the entire seven years of the Pacific solution, between 2002 and 2008, just 278 asylum seekers arrived&#8212;an average of fewer than 50 a year. The facts are that the Howard government policies worked. Lives were saved. In the seven years following its introduction no deaths were recorded. And by the time the 2007 election rolled around just four people were left in detention. However, for his efforts Prime Minister Howard was the victim of grubby politics and point-scoring. He was vilified and denigrated and abused from pillar to post.</p>
  • <p>And then we had the election in 2007 of the Rudd government, which, after coming to power, commenced to unwind all three pillars of Howard's proven and successful policies. And while the chardonnay set clinked their glasses and toasted the unwinding of the coalition's policies the people smugglers celebrated with them. Labor had put them back into business.</p>
  • <p>Labor's policy was summed up by the comments made by the immigration minister, Senator Evans, who in November 2008 said:</p>
  • <p class="italic">Labor committed to abolishing the Pacific Solution and this was one the first things the Rudd Labor Government did on taking office. It was also one of my greatest pleasures &#8230;</p>
  • <p>How tragically misguided. Look what we have seen since. Since Labor took power in November 2007, a total of 22,518 asylum seekers have been escorted by our Navy to Christmas Island on 386 boats. That number, 22,518 people, is more than the entire populations of many of our country towns, such as Goulburn, Armidale, Forster-Tuncurry, Cessnock, Grafton or Taree.</p>
  • <p>And we have seen asylum seekers riot at Villawood detention centre, setting fire to nine buildings, including a medical centre and dining hall. In July last year, we witnessed the spectacle of Australian Federal Police having to fire tear gas and bean-bag rounds at asylum seekers on Christmas Island after riots broke out. We have seen the 2009 tragedy of SIEV36, where asylum seekers set fire to the boat while Navy personnel were on board. Five passengers were killed in the explosion, and Navy personnel were injured.</p>
  • <p>We had the morale of our Navy undermined, when a sailor was recently admonished by an asylum seeker who wanted more care taken with his bag because it contained a laptop. Another sailor lamented, 'Last I checked, I was not a baggage handler at the airport but a sailor in the Royal Australian Navy.'</p>
  • <p>And we have seen damage to our international reputation, with Australia having been accused of breaching the rights of Indonesian children by jailing them as adults after they came as crew on the boats. And we had the <i>Four Corners</i> expose of the adventures of Captain Emad, where an alleged leader of a people smuggling racket had successfully disguised himself as an asylum seeker and was operating within a very few kilometres of this very parliament.</p>
  • <p class="speaker">Anna Burke</p>
  • <p>The member for Hughes needs to return to the bill before the House. It has been a wide-ranging debate. He has given us a good history lesson, but he needs to refer to the bill.</p>
  • <p class="speaker">Craig Kelly</p>
  • <p>Another reason this bill is important is to rein in the costs. But we have seen the blow-out in costs: $4.7 billion&#8212;$4,700 million! We will never know what services, what infrastructure, the Australian community has missed out on because of that $4.7 billion.</p>
  • <p>Let's look at those numbers again to see why this bill is important. In the seven years of the Pacific solution, 2002 to 2008, 278 asylum seekers arrived. In the 4&#189; years since these policies were introduced, over 22,000 asylum seekers have arrived. Yet, despite all this evidence, for four long years, all we have seen from this government is denial. We have seen the fraud of the East Timor solution. We have seen the farce of the Malaysia solution, struck down by the High Court.</p>
  • <p>We should never forget that the coalition has called on the government to reopen Nauru no fewer than 106 times. Instead of taking the necessary action, this government has given us every excuse under the sun as to why they cannot open Nauru. Firstly, we had the excuse that Nauru was not a signatory to the UN convention. This time last year the Prime Minister claimed in this very parliament that Nauru would not work and should not be reopened because it would be a waste of taxpayers' money. No wonder members of this government are hiding in their offices, not participating in this debate! The history records that the Howard government was right and its policies should never have been reversed.</p>
  • <p>I say enough is enough. What about our Westminster system of ministerial respon­sibility? Our very system of government is built on that principle, whereby a minister takes the blame if something goes wrong. It is a fundamental tenet of our Westminster system that cabinet ministers bear the ultimate responsibility for their actions. But it is hard to completely blame the hapless minister for immigration, for we know, from reports in the <i>Australian</i>newspaper yesterday, that on 13 October last year our immigration minister saw the light and urged our Prime Minister to reopen Nauru to stop the boats. We know that argument was rejected, and it was reported yesterday that it was rejected simply for political reasons.</p>
  • <p>We would have hoped that the immigration minister would have had the backbone to resign from cabinet. Instead, he continued to be part of the charade and part of the denial, and the boats kept coming. Since that time, 10 months ago, 123 boats have arrived, carrying 9,777 asylum seekers, and the death toll has risen. Another 338 people have drowned. Let's call a spade a spade. If the Prime Minister had not been so stubborn, if she had put the national interest first, ahead of her own political interest, the human tragedy and the cost of Labor's failed border protection policies could have all been avoided.</p>
  • <p>At the end of last week the expert report was received. After reading that report, a true leader would have put their ego, their vanity and their pride to one side, walked into this parliament, stood at the dispatch box, looked the public in the eye and said those three magic words: 'I am sorry.' The Prime Minister should have said, 'I am sorry for vilifying former Prime Minister Howard and his asylum seeker policy for over a decade&#8212;</p>
  • <p class="speaker">Anna Burke</p>
  • <p>The member for Hughes has to talk to the bill.</p>
  • <p class="speaker">Craig Kelly</p>
  • <p>I am, Madam Deputy Speaker.</p>
  • <p class="speaker">Anna Burke</p>
  • <p>No, you are not. I would ask you to go back to the bill. Thank you.</p>
  • <p class="speaker">Craig Kelly</p>
  • <p>This bill is important. It seeks to reopen Nauru. Before we deal with that, one of the important steps is to acknowledge the mistakes of the past. Those mistakes from the past go to saying sorry. As I said, the Prime Minister truly ought to come to the dispatch box and say she is sorry to the Father of the House, who is proudly sitting in front of me, the member for Berowra. Our former immigration minister for years had to suffer bile, abuse and venom being spat at him, when he had the policies that worked, that stopped boats and stopped lives being lost.</p>
  • <p>A true leader would say, 'I am sorry,' to the Australian taxpayer for the $4,700 million that has been wasted. A true leader would say sorry to our Australian Navy, which has turned into a water taxi service, ferrying tens of thousands of people on leaky boats to Christmas Island. A true leader would say, 'I am sorry,' to the thousands languishing in refugee camps around the world whom this government's policies have pushed further back in the queue. We should never forget the Prime Minister's words:</p>
  • <p class="italic">If more boats arrive, fewer people can be sponsored under our special humanitarian program.</p>
  • <p>That is what has happened&#8212;more than 8,000 people have been pushed back in the queue and are languishing in refugee camps around the world. Finally, a true leader would walk into this parliament, stand at the dispatch box and say they were sorry for the almost 1,000 people having drowned at sea since Labor undid these policies.</p>
  • <p>It would help if we just had a simple admission that this government was wrong, rather than the deferral of responsibility&#8212;</p>
  • <p class="speaker">Anna Burke</p>
  • <p>The member for Hughes will refer to the bill or I will sit him down.</p>
  • <p class="speaker">Craig Kelly</p>
  • <p>There is quite a lot more I would like to say on this bill; however&#8212;</p>
  • <p class="speaker">Anna Burke</p>
  • <p>There is a difference between talking on the bill and talking to the issue, and that is the point I am trying to make. Before the House at the moment is a bill, and when you are speaking to the bill that is what you must refer to.</p>
  • <p class="speaker">Craig Kelly</p>
  • <p>There are many other speakers on our side who wish to speak on this bill, and as there is a risk of being cut short and guillotined I will leave my comments there.</p>
  • <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>