Dissenting report by Liberal Senators
1.1
Liberal Senators wish to dissent from the majority recommendation that
the Bill be passed.
1.2
The Bill is unnecessary, counterproductive and risks being represented
as yet another softening of Australia’s immigration laws that sends a clear
message to people smugglers and unlawful non-citizens seeking entry that
Australia is an easy target.
1.3
Liberal senators understand that there are always going to be some
persons whose personal situations mean that they do not qualify under the refugees
convention and who therefore cannot be considered in the protection visa
process, even though a non-refoulement obligation should arguably arise.
Recent cases reported in the press about women who may be subject to genital
mutilation if they return to their home countries are prominent examples, and
there are many other complex or one-off situations that may arise.
1.4
Liberal senators point out that where an individual does not meet the
refugee convention criteria, but is clearly at serious risk, the minister has
the power to exercise his or her discretion. This safeguard has been in place
for decades and there is no evidence to suggest that it has been anything other
than effective. It is a tried and proven system, which meets Australia’s
international obligations, and which protects those who are in genuine need of
such protection.
1.5
Liberal senators further note that if the bill is passed, a departmental
decision not to grant 'complementary protection' will be appealable. It seems
that the lessons of the past have not been learned, as this will inevitably
mean that decisions may take many months, if not years to be resolved if the
initial decision is unfavourable and appealed. This exacerbates an already
fraught situation.
1.6
Codifying a form of complementary protection is counterproductive in
that it risks curtailing discretion otherwise available to help genuine
refugees languishing in camps around the world.
1.7
Liberal Senators consider that the passage of this bill will encourage
the lodging of a large number of new, non-refugee, protection applications and
the making of false asylum claims.
Recommendation 1
1.8 Liberal senators recommend that the bill not proceed.
Senator Guy Barnett
Deputy Chair
Senator Mary Jo Fisher
Senator Concetta Fierravanti-Wells
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