21st Mar 2024, 10:48 AM – Representatives Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023 - Second Reading - Migrant and refugee applicants

The majority voted against an amendment introduced by North Sydney MP Kylea Tink (Independent), which means it failed. The amendment would have amended the text of the usual second reading motion, which is "that the bill be read a second time" (parliamentary jargon for agreeing with the main idea of the bill).

Amendment text

That all words after "That" be omitted with a view to substituting the following words:

"whilst not declining to give the bill a second reading, the House:

(1) notes that this bill maintains the carve out of a separate, more restrictive procedural code for the Migration and Refugee Division in the Migration Act 1958;

(2) further notes that the bill falls short of meeting its objectives because of its unequal treatment of migrant and refugee applicants;

(3) notes that non-citizens, including those seeking asylum, refugees, and the stateless, already experience structural exclusion and intersecting barriers to accessing justice once they enter into Australia, including impacts of trauma, language barriers, mental health issues, financial distress, and cultural differences; and

(4) calls on the Government to ensure all applicants can equally access a fair and just review and accordingly remove the separate set of procedures under the Migration Act 1958, from this bill so the procedures that apply to applicants generally, also apply to migrant and refugee applicants in the same way".