Division Description Changes — Bills — Migration Amendment (Bridging Visa Conditions) Bill 2023; Second Reading — 16th Nov 2023

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senate vote 2023-11-16#5 Edited by mackay staff on 2024-02-15 17:56:44	Title Description The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2023-11-16.164.14) 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](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r7114), 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](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr7114_ems_78ddce5e-0329-4111-958d-7da135dd3666%22;rec=0) (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.
senate vote 2023-11-16#5 Edited by mackay staff on 2024-02-15 17:46:16	Title Bills — Migration Amendment (Bridging Visa Conditions) Bill 2023; Second Reading Migration Amendment (Bridging Visa Conditions) Bill 2023 - Second Reading - Conditions on bridging visas Description ~~<p class="speaker">Slade Brockman</p>~~ <p>In very brief summary: the Labor Party has shown a complete inability to deal with what is a very important issue in a timely fashion. What we do know is that the Labor Party has had months of notice that this was a risk. The decision was handed down by the High Court a week ago. Those on this side warned about it immediately. I know for a fact that Senator Paterson, the shadow minister for home affairs, warned the next day that urgent legislation was required, and then Labor persisted for a week—basically until yesterday—in insisting that an urgent legislative response was not required. As a result, we saw the Australian community put at risk. That is not an acceptable response from an Australian government, and it is good that we are finally seeing some urgency from those on the other side. We are finally seeing the seriousness of this matter given the attention that it deserves in terms of a legislative response from this chamber. It is also good to see the government agreeing with the sensible amendments put forward by my colleagues. On that note, I will sit down.</p> The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2023-11-16.164.14) 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](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r7114), 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 bridg*ing visas granted to non-citizens released from immigration detention. ~~<p class="speaker">Sarah Hanson-Young</p>~~ <p>I rise to speak on the Migration Amendment (Bridging Visa Conditions) Bill 2023, which is an absolute disgrace. It is an attack on democracy, on our courts, on the rule of law, on liberty and on freedom, all dressed up as one big attempt by Mr Dutton, helped here by the government of the day, to launch a new, full-blown attack on refugees in this country. For years and years, we have seen successive governments use some of the most vulnerable people around the world and in our community, who have come to Australia seeking our assistance, protection and help—refugees—as political footballs. They have been used to win elections, destroy prime ministerships, take power and excuse other bad laws being introduced. And here we are all over again. You'd think we would have learnt by now. You'd think we would have learnt that, every time this place rams through legislation that is designed to attack and undermine the rights of refugees right around the world and who come to our shores asking for our help, eventually the day would come when a brave judge or bench of judges would stand up and say: 'You know what? This is not on. Some things actually are important to uphold.' That's exactly what the High Court has done in the last fortnight—that indefinite detention is illegal. That's what the High Court has ruled. Rather than that warning being taken and understood, what we have seen is now a kneejerk reaction from the Albanese government, at the behest and under the political pressure of Mr Dutton's opposition.</p> <p>Let me be absolutely clear. I know there are members of the Labor Party who are hanging their heads in shame this afternoon. They know that ramming this piece of legislation through is wrong, is immoral and goes against everything that, as members of the Labor Party, they believe. Yet here they are, jumping at the shadows, the scares and the fear campaign from Peter Dutton and his party. All Mr Dutton has is the politics of fear. We've seen that this year already with the opposition to the voice and the way Peter Dutton and his nasty party behaved during the referendum—the spreading of lies, misinformation and disinformation, whipping up fear, hatred and racism. He got a taste of it only a few months ago, and he's bloodthirsty for it again—bloodthirsty for the fear. That is Peter Dutton to a T.</p> ~~<p class="speaker">James McGrath</p>~~ ~~<p>Senator Paterson?</p>~~ ~~<p class="speaker">James Paterson</p>~~ <p>On a point of order, Mr Acting Deputy President, I am just seeking your advice on whether or not it's an adverse reflection on a member of the other place to say that they're bloodthirsty. I would have thought it was.</p> ~~<p class="speaker">James McGrath</p>~~ ~~<p>Senator Hanson Young, it is a reflection, and I'd ask you to withdraw, please.</p>~~ ~~<p class="speaker">Sarah Hanson-Young</p>~~ ~~<p>I withdraw.</p>~~ ~~<p class="speaker">James McGrath</p>~~ ~~<p>Thank you, Senator Hanson-Young.</p>~~ ~~<p class="speaker">Sarah Hanson-Young</p>~~ ~~<p>Mr Dutton has got a taste of what fear, misinformation and hatred can deliver him, and he wants more of it. He's hungry for it.</p>~~ <p>This is the Dutton tail wagging the Labor dog. Make no mistake about it. I've been in this place for nearly 16 years, and this issue continues to be one of nasty politics, using the lives of refugees to score political points and win political ground, and it's disgusting. It's absolutely disgusting, and we're seeing it all over again. I can't count how many times this chamber has had to sit late into the evening because both the Labor Party and the Liberal Party decide that it's time to ram through some draconian law that limits the freedoms, rights and human rights protections of refugees in this country. It's happened so many times, and finally the High Court, a fortnight ago, said the worst of all of those, the indefinite detention of a person without the ruling of a court, without hearing or a trial, at the whim of a minister or his public servant delegate, is illegal. We've known it's wrong, but now we know for sure that it's illegal. But, in the haste to respond to this because the Dutton opposition wants to gain ground by whipping up fear and racism in this country, the Labor Party have gone weak at the knees.</p> <p>Where is the guts? Where is the political spine to stand up for the basic principles you believe in? Not only are we seeing this legislation being rammed through in a knee-jerk reaction before you've even seen the High Court's deliberations and reasons, we're seeing the Labor Party agree to amend their own rushed piece of legislation to make it even worse because Peter Dutton demanded it—</p> ~~<p class="speaker">Sue Lines</p>~~ ~~<p>Senator Hanson-Young—</p>~~ ~~<p class="speaker">Sarah Hanson-Young</p>~~ <p>because Mr Dutton demanded that the bill must be tougher, must be nastier, must be meaner. So what did the Labor Party do? 'Oh, okay, please stop. Don't say anything more!' It is so sickening to me that you have no spine. What is the point of being in government? What is the point of having a Labor Attorney-General? What is the point of having a Labor immigration minister? What is the point of having a Labor Prime Minister if all you're going to do is implement the policies of the Liberal Party?</p> <p>People are going to be upset about this, shocked about this and heartbroken about this because it sets a very, very bad precedent. You have just let the cat out of the bag. Peter Dutton says 'Boo!'—</p> ~~<p class="speaker">Sue Lines</p>~~ ~~<p>Senator Hanson-Young, please refer to others in the other chamber by their correct titles.</p>~~ ~~<p class="speaker">Sarah Hanson-Young</p>~~ <p>The cat is out of the bag. Mr Dutton says, 'Boo,' and the Labor Party hides. This is a bad bill. It will be found to be bad in years to come, perhaps only in weeks and months to come. The High Court will not be happy, because they have understood that locking people up without trial, without reason, without a judgement is wrong. Indefinitely locking people up, imprisoning them without a trial, without the independence of a judge, at the whim of a minister, is wrong. If you really want to make sure there are laws that protect the community, give judges and courts the right to do it and to do it properly. That is all you had to do, and you didn't have the guts to do it.</p> ~~<p class="speaker">Mehreen Faruqi</p>~~ <p>Refugees and people seeking asylum have for decades borne the brunt of cruel, inhumane and racist government policies in this country aimed at dehumanising, demonising, deterring, detaining and deporting vulnerable people, resulting in unimaginable damage for thousands of people, including women and children. Refugees have seen decades of bipartisan Labor-Liberal cruelty in the form of temporary protection visas, mandatory detention, offshore processing, being locked up in hotels during the COVID pandemic and not being allowed to go even to university. They have been hidden away with no access to journalists, losing all hope, and in desperation they've harmed themselves, they've died by suicide and they've died because they didn't get medical treatment. That's the extent of the cruelty that Labor and the Liberals have inflicted on people who are just seeking safety in this country.</p> <p>They are maligned by how they are described: queue jumpers, boat people, illegals, criminal aliens, economic refugees, threats to national security. It is just disgraceful. They are painted as people very different to so-called mainstream Australia. They are from a different culture, we are told. They are not one of us, we are told. It is shameful. Politicians have said they don't want people like that in Australia. These boat people, they say, throw their children into the ocean. They lie. And so continues the othering of people just like us. For years we have watched politicians and the media whip up anti-refugee and anti-immigrant hysteria. For years we have warned of the impact it has on our community. For years we have spoken out about the damage this causes and the sucker it gives to white nationalists that want to kick all non-white people out of Australia.</p> <p>In 2001—and I do want people to be reminded of this, in case some have forgotten—the then Prime Minister John Howard famously, or should I say, shamefully, said, 'We will decide who comes to this country and the circumstances in which they come.' This culminated in the Tampa affair, which you could say was one of the most divisive federal election campaigns in Australia. This was also the first time I ever considered joining a political party, and the Greens were the obvious choice. While both the Liberals and Labor were busily creating panic and demonising desperate people, claiming they had thrown their children overboard, the voice of Bob Brown rose over and above the rubble. When innocent people seeking asylum were maligned by the Howard government, supported by the Beazley opposition, the Greens were the only voice of humanity speaking out to bring them here. I'm so proud of my colleague and comrade Senator Nick McKim, who has carried on the tradition of courage, humanity, fairness and justice for refugees.</p> <p>From then to now, people who seek asylum and refuge have been increasingly subjected to policies that have become more and more cruel, more restrictive, more punitive and more militarised. Both Liberal and Labor have inflicted this cruelty. The same systemic racism that has played out so viciously for First Nations people results in prejudice against people of colour, against immigrants and results in the mistreatment of refugees again and again. Here we are, yet again. This terrible persecution of refugees goes on, and it gets worse every single time. Under this bill, refugees and stateless persons who were released into the community as a result of a High Court decision which found indefinite detention was unlawful and unconstitutional will be placed in a precarious position yet again, where they are judged and sentenced not by the court of law but by the stroke of a politician's pen.</p> <p>This will create a subclass of individuals who are judged not by their actions but by their visa status. But white Australia has never been shy about having one rule for it and another for people it regards as second class. Everyone in Australia should be subject to the same criminal legal system regardless of who they are, where they come from or their visa status. When people on visas are sentenced to imprisonment in Australia, they serve those sentences before being taken into immigration detention. Haven't you had enough of the fear and division? Haven't you caused enough harm and damage to these people? Now you are willing to sidestep the judicial process of the courts and challenge the very principles of equality, of democracy, of fairness and of justice that are supposed to be the bedrock of this country's legal system. At what point will you be satisfied? At what point will you see them as humans? We are told refugee policies are not racist. This is then justified by claims that it is fair, impartial and commonsense policy. We are told, 'Shouldn't those who have been patiently waiting for their turn in a queue get priority, rather than those jumping the queue?' We also told, 'Shouldn't we protect our national identity and Australian culture from those who are so very different to us?' And so the real racist agenda emerges, marginalising people who fall outside the very narrow conception of what it is to be one of us.</p> <p>Labor's decision to fast-track this draconian legislation is yet another capitulation to Mr Peter Dutton's fearmongering and dog whistling. Now you are even writing the amendments for the Liberal Party and going to introduce them, doing their dirty work. This Labor government has no shame whatsoever. But having now seen the depths of Labor's inhumanity in refusing to call for a ceasefire in Gaza when thousands upon thousands of children and civilians are being killed by Israel, sadly, I am not surprised at Labor's lack of human decency and sense of justice for refugees. In both cases Labor is showing complete disregard of its international obligations and its moral responsibility. That is how low the Labor Party has sunk. There is still time to wake up, Labor—there is still time. Stop trampling on human rights and stop persecuting refugees.</p> ~~<p class="speaker">David Shoebridge</p>~~ <p>I want to echo the comments of my colleagues in this debate, each and every one of them. What we are seeing with this bill is Labor and the coalition engaging in a Murdoch fuelled cruelty contest—that is what this is—and using dozens and dozens of refugees, people who came to this country seeking our protection, as political pawns in their contest of cruelty to see who can have the least principles. We're seeing who can place politics above principle and decency in the most shameful possible way. For the Labor government, with all the resources of government behind it, led by the scruff of the neck by the ugliest, nastiest parts of the coalition in responding to the High Court judgement says so much about Labor. Labor are so desperate not to be seen as having any gap between them and the coalition that they've become the coalition when it comes to this policy. Not only could Dutton have written the Migration Amendment (Bridging Visa Conditions) Bill 2023 and the amendments to it, but the amendments actually have been written by Dutton.</p> ~~<p class="speaker">Sue Lines</p>~~ ~~<p>Senator Shoebridge, I remind you to refer to members of the other place by their correct titles.</p>~~ ~~<p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>~~

Change

Division

senate vote 2023-11-16#5

Edited by mackay staff

on 2024-02-15 17:56:44

Title

Description

The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2023-11-16.164.14) 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](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r7114), 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](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr7114_ems_78ddce5e-0329-4111-958d-7da135dd3666%22;rec=0) (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.*

senate vote 2023-11-16#5

Edited by mackay staff

on 2024-02-15 17:46:16

Title

Bills — Migration Amendment (Bridging Visa Conditions) Bill 2023; Second Reading
Migration Amendment (Bridging Visa Conditions) Bill 2023 - Second Reading - Conditions on bridging visas

Description

~~Slade Brockman~~
In very brief summary: the Labor Party has shown a complete inability to deal with what is a very important issue in a timely fashion. What we do know is that the Labor Party has had months of notice that this was a risk. The decision was handed down by the High Court a week ago. Those on this side warned about it immediately. I know for a fact that Senator Paterson, the shadow minister for home affairs, warned the next day that urgent legislation was required, and then Labor persisted for a week—basically until yesterday—in insisting that an urgent legislative response was not required. As a result, we saw the Australian community put at risk. That is not an acceptable response from an Australian government, and it is good that we are finally seeing some urgency from those on the other side. We are finally seeing the seriousness of this matter given the attention that it deserves in terms of a legislative response from this chamber. It is also good to see the government agreeing with the sensible amendments put forward by my colleagues. On that note, I will sit down.
The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2023-11-16.164.14) 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](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r7114), 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.*
~~Sarah Hanson-Young~~
I rise to speak on the Migration Amendment (Bridging Visa Conditions) Bill 2023, which is an absolute disgrace. It is an attack on democracy, on our courts, on the rule of law, on liberty and on freedom, all dressed up as one big attempt by Mr Dutton, helped here by the government of the day, to launch a new, full-blown attack on refugees in this country. For years and years, we have seen successive governments use some of the most vulnerable people around the world and in our community, who have come to Australia seeking our assistance, protection and help—refugees—as political footballs. They have been used to win elections, destroy prime ministerships, take power and excuse other bad laws being introduced. And here we are all over again. You'd think we would have learnt by now. You'd think we would have learnt that, every time this place rams through legislation that is designed to attack and undermine the rights of refugees right around the world and who come to our shores asking for our help, eventually the day would come when a brave judge or bench of judges would stand up and say: 'You know what? This is not on. Some things actually are important to uphold.' That's exactly what the High Court has done in the last fortnight—that indefinite detention is illegal. That's what the High Court has ruled. Rather than that warning being taken and understood, what we have seen is now a kneejerk reaction from the Albanese government, at the behest and under the political pressure of Mr Dutton's opposition.
Let me be absolutely clear. I know there are members of the Labor Party who are hanging their heads in shame this afternoon. They know that ramming this piece of legislation through is wrong, is immoral and goes against everything that, as members of the Labor Party, they believe. Yet here they are, jumping at the shadows, the scares and the fear campaign from Peter Dutton and his party. All Mr Dutton has is the politics of fear. We've seen that this year already with the opposition to the voice and the way Peter Dutton and his nasty party behaved during the referendum—the spreading of lies, misinformation and disinformation, whipping up fear, hatred and racism. He got a taste of it only a few months ago, and he's bloodthirsty for it again—bloodthirsty for the fear. That is Peter Dutton to a T.
~~James McGrath~~
~~Senator Paterson?~~
~~James Paterson~~
On a point of order, Mr Acting Deputy President, I am just seeking your advice on whether or not it's an adverse reflection on a member of the other place to say that they're bloodthirsty. I would have thought it was.
~~James McGrath~~
~~Senator Hanson Young, it is a reflection, and I'd ask you to withdraw, please.~~
~~Sarah Hanson-Young~~
~~I withdraw.~~
~~James McGrath~~
~~Thank you, Senator Hanson-Young.~~
~~Sarah Hanson-Young~~
~~Mr Dutton has got a taste of what fear, misinformation and hatred can deliver him, and he wants more of it. He's hungry for it.~~
This is the Dutton tail wagging the Labor dog. Make no mistake about it. I've been in this place for nearly 16 years, and this issue continues to be one of nasty politics, using the lives of refugees to score political points and win political ground, and it's disgusting. It's absolutely disgusting, and we're seeing it all over again. I can't count how many times this chamber has had to sit late into the evening because both the Labor Party and the Liberal Party decide that it's time to ram through some draconian law that limits the freedoms, rights and human rights protections of refugees in this country. It's happened so many times, and finally the High Court, a fortnight ago, said the worst of all of those, the indefinite detention of a person without the ruling of a court, without hearing or a trial, at the whim of a minister or his public servant delegate, is illegal. We've known it's wrong, but now we know for sure that it's illegal. But, in the haste to respond to this because the Dutton opposition wants to gain ground by whipping up fear and racism in this country, the Labor Party have gone weak at the knees.
Where is the guts? Where is the political spine to stand up for the basic principles you believe in? Not only are we seeing this legislation being rammed through in a knee-jerk reaction before you've even seen the High Court's deliberations and reasons, we're seeing the Labor Party agree to amend their own rushed piece of legislation to make it even worse because Peter Dutton demanded it—
~~Sue Lines~~
~~Senator Hanson-Young—~~
~~Sarah Hanson-Young~~
because Mr Dutton demanded that the bill must be tougher, must be nastier, must be meaner. So what did the Labor Party do? 'Oh, okay, please stop. Don't say anything more!' It is so sickening to me that you have no spine. What is the point of being in government? What is the point of having a Labor Attorney-General? What is the point of having a Labor immigration minister? What is the point of having a Labor Prime Minister if all you're going to do is implement the policies of the Liberal Party?
People are going to be upset about this, shocked about this and heartbroken about this because it sets a very, very bad precedent. You have just let the cat out of the bag. Peter Dutton says 'Boo!'—
~~Sue Lines~~
~~Senator Hanson-Young, please refer to others in the other chamber by their correct titles.~~
~~Sarah Hanson-Young~~
The cat is out of the bag. Mr Dutton says, 'Boo,' and the Labor Party hides. This is a bad bill. It will be found to be bad in years to come, perhaps only in weeks and months to come. The High Court will not be happy, because they have understood that locking people up without trial, without reason, without a judgement is wrong. Indefinitely locking people up, imprisoning them without a trial, without the independence of a judge, at the whim of a minister, is wrong. If you really want to make sure there are laws that protect the community, give judges and courts the right to do it and to do it properly. That is all you had to do, and you didn't have the guts to do it.
~~Mehreen Faruqi~~
Refugees and people seeking asylum have for decades borne the brunt of cruel, inhumane and racist government policies in this country aimed at dehumanising, demonising, deterring, detaining and deporting vulnerable people, resulting in unimaginable damage for thousands of people, including women and children. Refugees have seen decades of bipartisan Labor-Liberal cruelty in the form of temporary protection visas, mandatory detention, offshore processing, being locked up in hotels during the COVID pandemic and not being allowed to go even to university. They have been hidden away with no access to journalists, losing all hope, and in desperation they've harmed themselves, they've died by suicide and they've died because they didn't get medical treatment. That's the extent of the cruelty that Labor and the Liberals have inflicted on people who are just seeking safety in this country.
They are maligned by how they are described: queue jumpers, boat people, illegals, criminal aliens, economic refugees, threats to national security. It is just disgraceful. They are painted as people very different to so-called mainstream Australia. They are from a different culture, we are told. They are not one of us, we are told. It is shameful. Politicians have said they don't want people like that in Australia. These boat people, they say, throw their children into the ocean. They lie. And so continues the othering of people just like us. For years we have watched politicians and the media whip up anti-refugee and anti-immigrant hysteria. For years we have warned of the impact it has on our community. For years we have spoken out about the damage this causes and the sucker it gives to white nationalists that want to kick all non-white people out of Australia.
In 2001—and I do want people to be reminded of this, in case some have forgotten—the then Prime Minister John Howard famously, or should I say, shamefully, said, 'We will decide who comes to this country and the circumstances in which they come.' This culminated in the Tampa affair, which you could say was one of the most divisive federal election campaigns in Australia. This was also the first time I ever considered joining a political party, and the Greens were the obvious choice. While both the Liberals and Labor were busily creating panic and demonising desperate people, claiming they had thrown their children overboard, the voice of Bob Brown rose over and above the rubble. When innocent people seeking asylum were maligned by the Howard government, supported by the Beazley opposition, the Greens were the only voice of humanity speaking out to bring them here. I'm so proud of my colleague and comrade Senator Nick McKim, who has carried on the tradition of courage, humanity, fairness and justice for refugees.
From then to now, people who seek asylum and refuge have been increasingly subjected to policies that have become more and more cruel, more restrictive, more punitive and more militarised. Both Liberal and Labor have inflicted this cruelty. The same systemic racism that has played out so viciously for First Nations people results in prejudice against people of colour, against immigrants and results in the mistreatment of refugees again and again. Here we are, yet again. This terrible persecution of refugees goes on, and it gets worse every single time. Under this bill, refugees and stateless persons who were released into the community as a result of a High Court decision which found indefinite detention was unlawful and unconstitutional will be placed in a precarious position yet again, where they are judged and sentenced not by the court of law but by the stroke of a politician's pen.
This will create a subclass of individuals who are judged not by their actions but by their visa status. But white Australia has never been shy about having one rule for it and another for people it regards as second class. Everyone in Australia should be subject to the same criminal legal system regardless of who they are, where they come from or their visa status. When people on visas are sentenced to imprisonment in Australia, they serve those sentences before being taken into immigration detention. Haven't you had enough of the fear and division? Haven't you caused enough harm and damage to these people? Now you are willing to sidestep the judicial process of the courts and challenge the very principles of equality, of democracy, of fairness and of justice that are supposed to be the bedrock of this country's legal system. At what point will you be satisfied? At what point will you see them as humans? We are told refugee policies are not racist. This is then justified by claims that it is fair, impartial and commonsense policy. We are told, 'Shouldn't those who have been patiently waiting for their turn in a queue get priority, rather than those jumping the queue?' We also told, 'Shouldn't we protect our national identity and Australian culture from those who are so very different to us?' And so the real racist agenda emerges, marginalising people who fall outside the very narrow conception of what it is to be one of us.
Labor's decision to fast-track this draconian legislation is yet another capitulation to Mr Peter Dutton's fearmongering and dog whistling. Now you are even writing the amendments for the Liberal Party and going to introduce them, doing their dirty work. This Labor government has no shame whatsoever. But having now seen the depths of Labor's inhumanity in refusing to call for a ceasefire in Gaza when thousands upon thousands of children and civilians are being killed by Israel, sadly, I am not surprised at Labor's lack of human decency and sense of justice for refugees. In both cases Labor is showing complete disregard of its international obligations and its moral responsibility. That is how low the Labor Party has sunk. There is still time to wake up, Labor—there is still time. Stop trampling on human rights and stop persecuting refugees.
~~David Shoebridge~~
I want to echo the comments of my colleagues in this debate, each and every one of them. What we are seeing with this bill is Labor and the coalition engaging in a Murdoch fuelled cruelty contest—that is what this is—and using dozens and dozens of refugees, people who came to this country seeking our protection, as political pawns in their contest of cruelty to see who can have the least principles. We're seeing who can place politics above principle and decency in the most shameful possible way. For the Labor government, with all the resources of government behind it, led by the scruff of the neck by the ugliest, nastiest parts of the coalition in responding to the High Court judgement says so much about Labor. Labor are so desperate not to be seen as having any gap between them and the coalition that they've become the coalition when it comes to this policy. Not only could Dutton have written the Migration Amendment (Bridging Visa Conditions) Bill 2023 and the amendments to it, but the amendments actually have been written by Dutton.
~~Sue Lines~~
~~Senator Shoebridge, I remind you to refer to members of the other place by their correct titles.~~
~~Long debate text truncated.~~