Division Description Changes — Bills — Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014; in Committee — 4th Dec 2014

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senate vote 2014-12-04#10 Edited by mackay staff on 2014-12-11 13:12:02	Title Description The majority agreed with Liberal Senator [Michaelia Cash](https://theyvoteforyou.org.au/people/senate/wa/michaelia_cash)'s [amendments](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr5346_amend_55937a88-b0ab-4a01-bf52-0c1addc6ee0d%22;rec=0) to "contribute to the overall integrity of the bill and demonstrate the government's willingness to work with stakeholders to pass this critical legislation" (see Senator Cash's [full contribution](http://www.openaustralia.org.au/senate/?gid=2014-12-04.154.2)). ### What are the amendments? The amendments cover several aspects of the bill, including allowing [temporary protection visa](http://en.wikipedia.org/wiki/Temporary_protection_visa) holders to travel outside Australia in compassionate and compelling circumstances, as determined by the Minister (see the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_a4de74c0-877c-4851-866b-f83fb71a4672%22;rec=0)). ### Bill's main idea The bill's main idea is to speed up the management of [asylum seekers](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers)' claims and support the Government's policies that stop asylum seekers from coming to Australia by boat (for example, by intercepting the boats and turning them around). It also re-introduces [temporary protection visas](http://en.wikipedia.org/wiki/Temporary_protection_visa) "because the Government is of the view that those who arrive by boat without a valid visa should not be rewarded with permanent protection" (see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040)) ### Human rights issues Some of the changes made by the bill may go against Australia's [international law](http://en.wikipedia.org/wiki/International_law) obligations. Particularly Australia's [non-refoulement](http://en.wikipedia.org/wiki/Non-refoulement) obligations, which stop Australia from sending people to places where their lives or freedoms are threatened. Australia has these obligations because it signed up to the [Convention relating to the Status of Refugees](http://en.wikipedia.org/wiki/Convention_relating_to_the_Status_of_Refugees), the [International Covenant on Civil and Political Rights](http://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights) and the [United Nations Convention against Torture](http://en.wikipedia.org/wiki/United_Nations_Convention_against_Torture). For example, the bill will insert a provision into the [Migration Act 1958](http://en.wikipedia.org/wiki/Migration_Act_1958) that says that Australia’s non-refoulement obligations are not relevant to removing people who are not citizens and don't have a visa. The [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040#_Toc401816905) explains that this change would mean courts won't be able to stop the Government from removing people just because it is against Australia’s non-refoulement obligations. In other words, the Government wants to decide how to apply those obligations by itself, without any potential judicial oversight. For more about which changes may go against these obligations and how, see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040). ### Background to the bill The title of the bill says it is about "resolving the asylum legacy caseload". This refers to the asylum claims made by [asylum seeks](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers) who arrived by boat without a visa between August 2012 and December 2013 and who have not been sent to be processed on [Nauru](http://en.wikipedia.org/wiki/Nauru_detention_centre) or [Manus Island](http://en.wikipedia.org/wiki/Manus_Island_Regional_Processing_Centre). The Coalition Government says this caseload of asylum claims is the result of the previous Labor Government's policies. The title of the bill says it is about "resolving the asylum legacy caseload". This refers to the asylum claims made by [asylum seekers](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers) who arrived by boat without a visa between August 2012 and December 2013 and who have not been sent to be processed on [Nauru](http://en.wikipedia.org/wiki/Nauru_detention_centre) or [Manus Island](http://en.wikipedia.org/wiki/Manus_Island_Regional_Processing_Centre). The Coalition Government says this caseload of asylum claims is the result of the previous Labor Government's policies. During the 2013 election campaign, the Coalition said it would address this caseload and the changes made in this bill are part of their effort to do this. More information on the background to the bill is in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040#_Toc401816905).
senate vote 2014-12-04#10 Edited by mackay staff on 2014-12-11 11:01:46	Title Bills — Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014; in Committee Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 - in Committee - Government amendments Description ~~<p class="speaker">Gavin Marshall</p>~~ ~~<p>The question is that government amendments (1) to (14) on sheet GH118 be agreed to.</p>~~ The majority agreed with Liberal Senator [Michaelia Cash](https://theyvoteforyou.org.au/people/senate/wa/michaelia_cash)'s [amendments](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr5346_amend_55937a88-b0ab-4a01-bf52-0c1addc6ee0d%22;rec=0) to "contribute to the overall integrity of the bill and demonstrate the government's willingness to work with stakeholders to pass this critical legislation" (see Senator Cash's [full contribution](http://www.openaustralia.org.au/senate/?gid=2014-12-04.154.2)). ### What are the amendments? The amendments cover several aspects of the bill, including allowing [temporary protection visa](http://en.wikipedia.org/wiki/Temporary_protection_visa) holders to travel outside Australia in compassionate and compelling circumstances, as determined by the Minister (see the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_a4de74c0-877c-4851-866b-f83fb71a4672%22;rec=0)). ### Bill's main idea The bill's main idea is to speed up the management of [asylum seekers](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers)' claims and support the Government's policies that stop asylum seekers from coming to Australia by boat (for example, by intercepting the boats and turning them around). It also re-introduces [temporary protection visas](http://en.wikipedia.org/wiki/Temporary_protection_visa) "because the Government is of the view that those who arrive by boat without a valid visa should not be rewarded with permanent protection" (see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040)) ### Human rights issues Some of the changes made by the bill may go against Australia's [international law](http://en.wikipedia.org/wiki/International_law) obligations. Particularly Australia's [non-refoulement](http://en.wikipedia.org/wiki/Non-refoulement) obligations, which stop Australia from sending people to places where their lives or freedoms are threatened. Australia has these obligations because it signed up to the [Convention relating to the Status of Refugees](http://en.wikipedia.org/wiki/Convention_relating_to_the_Status_of_Refugees), the [International Covenant on Civil and Political Rights](http://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights) and the [United Nations Convention against Torture](http://en.wikipedia.org/wiki/United_Nations_Convention_against_Torture). For example, the bill will insert a provision into the [Migration Act 1958](http://en.wikipedia.org/wiki/Migration_Act_1958) that says that Australia’s non-refoulement obligations are not relevant to removing people who are not citizens and don't have a visa. The [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040#_Toc401816905) explains that this change would mean courts won't be able to stop the Government from removing people just because it is against Australia’s non-refoulement obligations. In other words, the Government wants to decide how to apply those obligations by itself, without any potential judicial oversight. For more about which changes may go against these obligations and how, see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040). ### Background to the bill The title of the bill says it is about "resolving the asylum legacy caseload". This refers to the asylum claims made by [asylum seeks](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers) who arrived by boat without a visa between August 2012 and December 2013 and who have not been sent to be processed on [Nauru](http://en.wikipedia.org/wiki/Nauru_detention_centre) or [Manus Island](http://en.wikipedia.org/wiki/Manus_Island_Regional_Processing_Centre). The Coalition Government says this caseload of asylum claims is the result of the previous Labor Government's policies. During the 2013 election campaign, the Coalition said it would address this caseload and the changes made in this bill are part of their effort to do this. More information on the background to the bill is in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040#_Toc401816905).

Change

Division

senate vote 2014-12-04#10

Edited by mackay staff

on 2014-12-11 13:12:02

Title

Description

The majority agreed with Liberal Senator [Michaelia Cash](https://theyvoteforyou.org.au/people/senate/wa/michaelia_cash)'s [amendments](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr5346_amend_55937a88-b0ab-4a01-bf52-0c1addc6ee0d%22;rec=0) to "contribute to the overall integrity of the bill and demonstrate the government's willingness to work with stakeholders to pass this critical legislation" (see Senator Cash's [full contribution](http://www.openaustralia.org.au/senate/?gid=2014-12-04.154.2)).
### What are the amendments?
The amendments cover several aspects of the bill, including allowing [temporary protection visa](http://en.wikipedia.org/wiki/Temporary_protection_visa) holders to travel outside Australia in compassionate and compelling circumstances, as determined by the Minister (see the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_a4de74c0-877c-4851-866b-f83fb71a4672%22;rec=0)).
### Bill's main idea
The bill's main idea is to speed up the management of [asylum seekers](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers)' claims and support the Government's policies that stop asylum seekers from coming to Australia by boat (for example, by intercepting the boats and turning them around). It also re-introduces [temporary protection visas](http://en.wikipedia.org/wiki/Temporary_protection_visa) "because the Government is of the view that those who arrive by boat without a valid visa should not be rewarded with permanent protection" (see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040))
### Human rights issues
Some of the changes made by the bill may go against Australia's [international law](http://en.wikipedia.org/wiki/International_law) obligations. Particularly Australia's [non-refoulement](http://en.wikipedia.org/wiki/Non-refoulement) obligations, which stop Australia from sending people to places where their lives or freedoms are threatened. Australia has these obligations because it signed up to the [Convention relating to the Status of Refugees](http://en.wikipedia.org/wiki/Convention_relating_to_the_Status_of_Refugees), the [International Covenant on Civil and Political Rights](http://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights) and the [United Nations Convention against Torture](http://en.wikipedia.org/wiki/United_Nations_Convention_against_Torture).
For example, the bill will insert a provision into the *[Migration Act 1958](http://en.wikipedia.org/wiki/Migration_Act_1958)* that says that Australia’s non-refoulement obligations are not relevant to removing people who are not citizens and don't have a visa. The [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040#_Toc401816905) explains that this change would mean courts won't be able to stop the Government from removing people just because it is against Australia’s non-refoulement obligations. In other words, the Government wants to decide how to apply those obligations by itself, without any potential judicial oversight.
For more about which changes may go against these obligations and how, see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040).
### Background to the bill
The title of the bill says it is about "resolving the asylum legacy caseload". This refers to the asylum claims made by [asylum seeks](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers) who arrived by boat without a visa between August 2012 and December 2013 and who have not been sent to be processed on [Nauru](http://en.wikipedia.org/wiki/Nauru_detention_centre) or [Manus Island](http://en.wikipedia.org/wiki/Manus_Island_Regional_Processing_Centre). The Coalition Government says this caseload of asylum claims is the result of the previous Labor Government's policies.
The title of the bill says it is about "resolving the asylum legacy caseload". This refers to the asylum claims made by [asylum seekers](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers) who arrived by boat without a visa between August 2012 and December 2013 and who have not been sent to be processed on [Nauru](http://en.wikipedia.org/wiki/Nauru_detention_centre) or [Manus Island](http://en.wikipedia.org/wiki/Manus_Island_Regional_Processing_Centre). The Coalition Government says this caseload of asylum claims is the result of the previous Labor Government's policies.
During the 2013 election campaign, the Coalition said it would address this caseload and the changes made in this bill are part of their effort to do this.
More information on the background to the bill is in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040#_Toc401816905).

senate vote 2014-12-04#10

Edited by mackay staff

on 2014-12-11 11:01:46

Title

Bills — Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014; in Committee
Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 - in Committee - Government amendments

Description

~~<p class="speaker">Gavin Marshall</p>~~
~~<p>The question is that government amendments (1) to (14) on sheet GH118 be agreed to.</p>~~
The majority agreed with Liberal Senator [Michaelia Cash](https://theyvoteforyou.org.au/people/senate/wa/michaelia_cash)'s [amendments](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr5346_amend_55937a88-b0ab-4a01-bf52-0c1addc6ee0d%22;rec=0) to "contribute to the overall integrity of the bill and demonstrate the government's willingness to work with stakeholders to pass this critical legislation" (see Senator Cash's [full contribution](http://www.openaustralia.org.au/senate/?gid=2014-12-04.154.2)).
### What are the amendments?
The amendments cover several aspects of the bill, including allowing [temporary protection visa](http://en.wikipedia.org/wiki/Temporary_protection_visa) holders to travel outside Australia in compassionate and compelling circumstances, as determined by the Minister (see the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_a4de74c0-877c-4851-866b-f83fb71a4672%22;rec=0)).
### Bill's main idea
The bill's main idea is to speed up the management of [asylum seekers](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers)' claims and support the Government's policies that stop asylum seekers from coming to Australia by boat (for example, by intercepting the boats and turning them around). It also re-introduces [temporary protection visas](http://en.wikipedia.org/wiki/Temporary_protection_visa) "because the Government is of the view that those who arrive by boat without a valid visa should not be rewarded with permanent protection" (see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040))
### Human rights issues
Some of the changes made by the bill may go against Australia's [international law](http://en.wikipedia.org/wiki/International_law) obligations. Particularly Australia's [non-refoulement](http://en.wikipedia.org/wiki/Non-refoulement) obligations, which stop Australia from sending people to places where their lives or freedoms are threatened. Australia has these obligations because it signed up to the [Convention relating to the Status of Refugees](http://en.wikipedia.org/wiki/Convention_relating_to_the_Status_of_Refugees), the [International Covenant on Civil and Political Rights](http://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights) and the [United Nations Convention against Torture](http://en.wikipedia.org/wiki/United_Nations_Convention_against_Torture).
For example, the bill will insert a provision into the *[Migration Act 1958](http://en.wikipedia.org/wiki/Migration_Act_1958)* that says that Australia’s non-refoulement obligations are not relevant to removing people who are not citizens and don't have a visa. The [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040#_Toc401816905) explains that this change would mean courts won't be able to stop the Government from removing people just because it is against Australia’s non-refoulement obligations. In other words, the Government wants to decide how to apply those obligations by itself, without any potential judicial oversight.
For more about which changes may go against these obligations and how, see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040).
### Background to the bill
The title of the bill says it is about "resolving the asylum legacy caseload". This refers to the asylum claims made by [asylum seeks](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers) who arrived by boat without a visa between August 2012 and December 2013 and who have not been sent to be processed on [Nauru](http://en.wikipedia.org/wiki/Nauru_detention_centre) or [Manus Island](http://en.wikipedia.org/wiki/Manus_Island_Regional_Processing_Centre). The Coalition Government says this caseload of asylum claims is the result of the previous Labor Government's policies.
During the 2013 election campaign, the Coalition said it would address this caseload and the changes made in this bill are part of their effort to do this.
More information on the background to the bill is in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040#_Toc401816905).