Footnotes

Chapter 1 - Introduction

[1]        Votes and Proceedings, No. 145–16 September 2015, p. 1601.

[2]        Journals of the Senate, No. 118–17 September 2015, pp 3146–3147.

[3]        See: https://www.aph.gov.au/senate_legalcon, accessed 13 October 2015.

[4]        The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 17 September 2015, p. 19.

[5]        Explanatory Memorandum (EM), p. 1.

[6]        Migration and Maritime Powers Amendment Bill (No. 1) 2015, cl. 2.

[7]        Parliamentary Joint Committee on Human Rights, Twenty-ninth Report of the 44^th Parliament, 13 October 2015, p. 3, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Completed_inquiries/2015/Twenty-ninth_Report_of_the_44th_Parliament , accessed 15 October 2015. 

[8]        EM, Statement of Compatibility with Human Rights, Attachment 1, p. 1.

Chapter 2 - Key issues

[1]        For example: Refugee Council of Australia (RCOA), Submission 3, pp 2–3: Asylum Seekers Resource Centre (ASRC), Submission 4, p. 3; Law Council of Australia (LCA), Submission 7, p. 7.

[2]        Senate Legal and Constitutional Affairs Legislation Committee, Migration Amendment (Character and General Visa Cancellation) Bill 2014 [Provisions], 24 November 2014, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Character_and_Visa_Cancellation_Bill_2014/Report, accessed 13 October 2015.

[3]        EM, p. 9.

[4]        EM, p. 9.

[5]        The term 'migration zone' is defined in subsection 5(1) of the Migration Act 1958 (Migration Act).

[6]        EM, p. 12.

[7]        Submission 4, p. 7.

[8]        ASRC, Submission 4, p. 7; RCOA, Submission 3, p. 4; LCA, Submission 7, p. 6.

[9]        Submission 5, p. 6.

[10]      Submission 7, p. 6.

[11]      Answers to questions on notice 21 October 2015 (received 2 November 2015), pp [2–3]. A person who, while in a country other than his own, becomes a refugee because of changes that occurred in the native country, thus making it impossible to return due to a fear of persecution, is a refugee sur place.

[12]      Answers to questions on notice 21 October 2015 (received 2 November 2015), pp [7–8].

[13]      The Migration Amendment (Character and General Visa Cancellation) Act 2014 amended the Migration Act to: broaden the existing grounds for not passing the 'character test'; amend the general visa cancellation provisions; and introduce a mandatory cancellation power for non‑citizens who objectively would not pass the character test and were serving a full‑time custodial sentence: Hon Scott Morrison MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 24 September 2014, p. 10,325.

[14]      For example: ASRC, Submission 4, p. 5; Refugee Advice and Casework Service (Aust) Inc., RACS, Submission 5, p. 1.

[15]      Submission 3, p. 2.

[16]      EM, p. 15. Also see: p. 14.

[17]      Submission 7, p. 9.

[18]      Submission 5, p. 3. Also see: ASRC, Submission 4, p. 5.

[19]      Submission 6, p. 5.

[20]      EM, p. 15.

[21]      Answers to questions on notice 21 October 2015 (received 2 November 2015), p. [10].

[22]      EM, p. 17.

[23]      LCA, Submission 7, p. 9.

[24]      Submission 4, pp 4–5.

[25]      LCA, Asylum Seeker Policy, 6 September 2014, http://www.lawcouncil.asn.au/lawcouncil/images/LCA-PDF/a-z-docs/AsylumSeeker_Policy_web.pdf, accessed 20 October 2015.

[26]      Submission 7, p. 10.

[27]      Standing Committee for the Scrutiny of Bills, Alert Digest No. 11 of 2015, 14 October 2015, p. 26, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Scrutiny_of_Bills/Alerts_Digests/2015/index, accessed 23 October 2015.

[28]      Submission 7, p. 11.

[29]      LCA, Policy Statement: Rule of Law Principles, March 2011, p. 2, http://www.lawcouncil.asn.au/lawcouncil/images/LCA-PDF/a-z-docs/PolicyStatementRuleofLaw.pdf, accessed 22 October 2015.

[30]      Submission 7, p. 11.

[31]      EM, p. 19.

[32]      Submission 6, p. 6.

[33]      Submission 7, pp 11–12.

[34]      Submission 7, p. 12.

[35]      Submission 4, p. 4.

[36]      Answers to questions on notice 21 October 2015 (received 2 November 2015), pp [15–16].

[37]      Minister, House of Representatives Hansard, 17 September 2015, p. 20.

[38]      These provisions are subject to section 48B—Minister may determine that section 48A does not apply to non‑citizen.

[39]      EM, p. 1.

[40]      Submission 2, p. 3 (emphasis in original). According to the Department, in the period 2012–15, the Minister has exercised the section 48B power 30 times, reflecting that the vast majority of requests do not raise substantially new or different claims from those already assessed in the initial, unsuccessful protection visa application: Answers to questions on notice 21 October 2015 (received 2 November 2015), p. [5].

[41]      Submission 3, p. 3. The ASRC similarly commented that the statutory bar so far as it affects minors and people with mental impairment 'entrenches the manifest unfairness of the original amendments towards the most vulnerable people': Submission 4, p. 6.

[42]      Submission 5, pp 3–4.

[43]      Submission 2, p. 4. UNICEF Australia expressed particular concern in relation to unaccompanied minors. Also see: RACS, Submission 5, p. 4.

[44]      Parliamentary Joint Committee on Human Rights, Seventh Report of the 44^th Parliament, 18 June 2014, pp 35–37 and 40–41, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Completed_inquiries/2014/744/index, accessed 14 October 2015.

Senate Legal and Constitutional Affairs Legislation Committee, Migration Legislation Amendment Bill (No. 1) 2014 [Provisions], 21 August 2014, Chapter 2, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Migration_Amendment_Bill_2014/Report, accessed 14 October 2015.

[45]      Senate Legal and Constitutional Affairs Legislation Committee, Migration Legislation Amendment Bill (No. 1) 2014 [Provisions], 21 August 2014, paras 2.28–2.29. Also see Recommendation 1.

[46]      Answers to questions on notice 21 October 2015 (received 2 November 2015), p. [9].

[47]      Answers to questions on notice 21 October 2015 (received 2 November 2015), p. [9].

[48]      Answers to questions on notice 21 October 2015 (received 2 November 2015), p. [9].

[49]      EM, p. 3. Also see: Minister, House of Representatives Hansard, 17 September 2015, p. 20, who described the proposed amendment as 'technical'; EM, p. 25.

[50]      EM, p. 5.

[51]      Standing Committee for the Scrutiny of Bills, Alert Digest No. 11 of 2015, 14 October 2015, p. 28.

[52]      Submission 5, p. 5.

[53]      Submission 5, p. 5. Also see: ASRC, Submission 4 , p. 6, commenting that applicants would not have been aware of and advised in relation to the statutory bar at the time of the initial application.

[54]      Submission 7, p. 13.

[55]      Answers to questions on notice 21 October 2015 (received 2 November 2015), p. [16].

[56]      EM, p. 38.

[57]      For example: RCOA, Submission 3, p. 4; ASRC, Submission 4, p. 8; RACS, Submission 5, p. 6.

[58]      EM, p. 37.

[59]      EM, p. 37.

[60]      Submission 1, p. 2.

[61]      Submission 7, p. 19.

[62]      Andrew and Renata Kaldor Centre for International Refugee Law, Submission 1, p. 2. Also see: RCOA, Submission 3, p. 4.

[63]      Submission 7, p. 20.

[64]      Answers to questions on notice 21 October 2015 (received 2 November 2015), p. [13]. Also see Department, Submission 6, p. 8.

[65]      The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 17 September 2015, p. 19.

[66]      Minister, House of Representatives Hansard, 17 September 2015, p. 20.

[67]      Senate Legal and Constitutional Affairs Legislation Committee, Migration Legislation Amendment Bill (No. 1) 2014 [Provisions], 21 August 2014, paras 2.28–2.29. Also see Recommendation 1.

Dissenting Report from the Australian Greens

[1] For further discussion see UNICEF, Submission 2.

[2] For further discussion, see the Andrew & Renata Kaldor Centre for International Refugee Law, Submission 1.

[3] Explanatory Memorandum, p. 37.

[4] The Andrew & Renata Kaldor Centre for International Refugee Law, Submission 1, p. 2.