edited
23rd Jun 2024
Migration Amendment (Bridging Visa Conditions) Bill 2023 - in Committee - Report progress
Passed by a modest majority
No rebellions 56% attendance
16th Nov 2023, 6:21 PM – Senate Migration Amendment (Bridging Visa Conditions) Bill 2023 - Second Reading - Conditions on bridging visas
Summary
EditThe majority voted in favour of a motion to agree with the main idea of the bill, which is known as giving the bill a second reading. Because this vote was successful, our senators can now consider the bill in greater detail.
What is the bill's main idea?
According to the bill homepage, this bill was introduced:
in response to the High Court’s judgement in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor (S28/2023) to provide for certain conditions to be placed on bridging visas granted to non-citizens released from immigration detention.
According to the explanatory memorandum (which is a political document prepared by the Government):
The Bill will establish new criminal offence provisions, in relation to certain conduct by non-citizens in the NZYQ affected cohort [i.e., Non-citizens released from immigration detention following the High Court judgment on 8 November 2023 in NZYQ] that constitutes a serious breach of visa conditions, relating to the failure to comply with certain requirements to notify, report to the Minister or the Department, where required to do so under certain mandatory conditions imposed on the BVR [i.e., Subclass 070 (Bridging (Removal Pending)) visa]. These offences are vital to ensuring that non-citizens in the NZYQ-affected cohort remain appropriately engaged with the Department and the Australian Border Force, and cooperate in arrangements to facilitate their removal from Australia.
The new offence provisions that would provide a proportionate response in order to effect re-engagement of the non-citizen with the Department. Attempts to deliberately and repeatedly evade contact with, and monitoring by, the Department of Home Affairs demonstrates a disregard and contempt for Australian laws. This behaviour is contrary to the Australian Community’s expectations that a non-citizen abide by Australia’s laws and that non-citizens will engage with the Department to resolve their migration status.
A criminal offence is the most effective means of response to potential serious breaches of visa conditions within the NZYQ-affected cohort, because it is clear that the normal consequences of breaching visa conditions will not apply to this cohort.
Ordinarily, a visa holder who does not comply with a condition of their visa may be considered for visa cancellation on the basis of that breach - and if cancelled, would be liable to be detained as an unlawful non-citizen. For the NZYQ-affected cohort, immigration detention is not an available option where visa cancellation results in them being an unlawful non-citizen. As such, the prospect of visa cancellation for a breach of a visa condition is not an effective deterrent against non-compliance with reporting requirements. Establishing an offence specifically for NZYQ-affected BVR holders and future BVR holders granted without application by the Minister, makes it clear that compliance with requirements to report to the Department and to notify the Department of changes in circumstances, including address, household, employment and other matters ensures the person remains engaged with the Department. Importantly, the offence encourages compliance with relevant visa conditions and ongoing cooperation in arrangements relating to removal from Australia.
The Bill proposes changes that will apply to those of the NZYQ affected cohort already granted the BVR to cease those visas and replace them, by operation of law, with new BVRs with apply stronger mandatory conditions. Those in the NZYQ affected cohort who are released from immigration detention in the future will also be granted the new BVR with the new suite of conditions.
Votes Passed by a modest majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (100% turnout) | 0 Yes – 11 No | |
| Penny Allman-Payne Queensland | No | |
| Dorinda Cox WA | No | |
| Mehreen Faruqi NSW | No | |
| Sarah Hanson-Young SA | No | |
| Nick McKim Tasmania | No | |
| Barbara Pocock SA | No | |
| Janet Rice Victoria | No | |
| David Shoebridge NSW | No | |
| Jordon Steele-John WA | No | |
| Larissa Waters Queensland | No | |
| Peter Whish-Wilson Tasmania | No | |
| Australian Labor Party (72% turnout) | 18 Yes – 0 No | |
| Catryna Bilyk Tasmania | Yes | |
| Anthony Chisholm Queensland | Yes | |
| Raff Ciccone Victoria | Yes | |
| Katy Gallagher ACT | Yes | |
| Nita Green Queensland | Yes | |
| Karen Grogan SA | Yes | |
| Malarndirri McCarthy NT | Yes | |
| Deborah O'Neill NSW | Yes | |
| Fatima Payman WA | Yes | |
| Helen Polley Tasmania | Yes | |
| Louise Pratt WA | Yes | |
| Tony Sheldon NSW | Yes | |
| Marielle Smith SA | Yes | |
| Glenn Sterle WA | Yes | |
| Jana Stewart Victoria | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Jess Walsh Victoria | Yes | |
| Murray Watt Queensland | Yes | |
| Tim Ayres NSW | Absent | |
| Carol Brown Tasmania | Absent | |
| Patrick Dodson WA | Absent | |
| Don Farrell SA | Absent | |
| Jenny McAllister NSW | Absent | |
| Linda White Victoria | Absent | |
| Penny Wong SA | Absent | |
| Jacinta Nampijinpa Price NT Country Liberal Party | Absent | |
| Andrew McLachlan SA Deputy President | Absent | |
| David Pocock ACT Independent | Yes | |
| Lidia Thorpe Victoria Independent | Absent | |
| David Van Victoria Independent | Absent | |
| Jacqui Lambie Network (50% turnout) | 1 Yes – 0 No | |
| Jacqui Lambie Tasmania | Yes | |
| Tammy Tyrrell Tasmania | Absent | |
| Liberal National Party (0% turnout) | Absent | |
| Matthew Canavan Queensland | Absent | |
| James McGrath Queensland | Absent | |
| Liberal Party (45% turnout) | 10 Yes – 0 No | |
| Wendy Askew Tasmania | Yes | |
| Simon Birmingham SA | Yes | |
| Slade Brockman WA | Yes | |
| Michaelia Cash WA | Yes | |
| Jonathon Duniam Tasmania | Yes | |
| David Fawcett SA | Yes | |
| Sarah Henderson Victoria | Yes | |
| Matt O'Sullivan WA | Yes | |
| James Paterson Victoria | Yes | |
| Anne Ruston SA | Yes | |
| Alex Antic SA | Absent | |
| Andrew Bragg NSW | Absent | |
| Claire Chandler Tasmania | Absent | |
| Richard Colbeck Tasmania | Absent | |
| Hollie Hughes NSW | Absent | |
| Jane Hume Victoria | Absent | |
| Maria Kovacic NSW | Absent | |
| Kerrynne Liddle SA | Absent | |
| Gerard Rennick Queensland | Absent | |
| Linda Reynolds WA | Absent | |
| Paul Scarr Queensland | Absent | |
| Dean Smith WA | Absent | |
| National Party (25% turnout) | 1 Yes – 0 No | |
| Ross Cadell NSW | Yes | |
| Perin Davey NSW | Absent | |
| Susan McDonald Queensland | Absent | |
| Bridget McKenzie Victoria | Absent | |
| Pauline Hanson's One Nation Party (0% turnout) | Absent | |
| Pauline Hanson Queensland | Absent | |
| Malcolm Roberts Queensland | Absent | |
| Sue Lines WA President | Absent | |
| Ralph Babet Victoria United Australia Party | Yes | |
| Totals (57% turnout) | 32 Yes – 11 No |
Turnout is the percentage of members eligible to vote that did vote.