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senate vote 2014-12-04#9

Edited by MA

on 2014-12-11 13:11:48

Title

Description

  • The majority agreed to create a [Safe Haven Enterprise visa](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040) (SHEV) (read more about the [amendments](http://www.openaustralia.org.au/senate/?gid=2014-12-04.173.1) in the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_732621e9-b16b-43fb-a3f0-9596e7758538%22)). The Government proposed this visa after reaching a deal with the Palmer United Party (see [ABC News](http://www.abc.net.au/news/2014-09-25/government-to-reintroduce-temporary-protection-visas/5768084)).
  • ### What is the Safe Haven Enterprise Visa?
  • The [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040) explains that the detail of the SHEV will be put into the Migration Regulations after this bill is passed so the bill itself doesn't include much information about the visa. However, the Minister has said that:
  • > '*... the SHEV will be a temporary visa available to people from the legacy caseload [that is, [asylum seekers](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers) who arrived by boat between August 2012 and December 2013 and haven't been transferred to [Nauru](http://en.wikipedia.org/wiki/Nauru_detention_centre) or [Manus Island](http://en.wikipedia.org/wiki/Manus_Island_Regional_Processing_Centre)] who are found to be refugees, as an alternative to a TPV [[Temporary Protection Visa](http://en.wikipedia.org/wiki/Temporary_protection_visa)], and will be valid for five years. Persons granted a SHEV will be required to live in a ‘designated region’ and encouraged to fill job vacancies in regional areas. ... Visa holders will have the same access to [Medicare](http://en.wikipedia.org/wiki/Medicare_%28Australia%29) and social security as TPV holders, but those who can show they have worked in a regional area without accessing income support for three and a half years will be permitted to apply for other onshore visas, such as family and skilled visas (but not permanent protection visas).*' (Read more in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040))
  • ### 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).
  • 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#9

Edited by MA

on 2014-12-11 10:06:54

Title

  • Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 - in Committee - Safe haven enterprise visa pathway
  • Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 - in Committee - Safe Haven Enterprise Visa

Description

  • The majority agreed with government [amendments (1) to (4)](http://www.openaustralia.org.au/senate/?gid=2014-12-04.173.1) on sheet HA110 (see the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_732621e9-b16b-43fb-a3f0-9596e7758538%22) for the amendments). These amendments create the [Safe Haven Enterprise visa](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040) (SHEV), which have been introduced by the Government as part of a deal with the Palmer United Party (see [ABC News](http://www.abc.net.au/news/2014-09-25/government-to-reintroduce-temporary-protection-visas/5768084)).
  • The majority agreed to create a [Safe Haven Enterprise visa](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040) (SHEV) (read more about the [amendments](http://www.openaustralia.org.au/senate/?gid=2014-12-04.173.1) in the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_732621e9-b16b-43fb-a3f0-9596e7758538%22)). The Government proposed this visa after reaching a deal with the Palmer United Party (see [ABC News](http://www.abc.net.au/news/2014-09-25/government-to-reintroduce-temporary-protection-visas/5768084)).
  • ### What is the Safe Haven Enterprise Visa?
  • The [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040) explains that the detail of the SHEV will be put into the Migration Regulations after this bill is passed so the bill itself doesn't include much information about the visa. However, the Minister has said that:
  • > '*... the SHEV will be a temporary visa available to people from the legacy caseload [that is, [asylum seekers](http://en.wikipedia.org/wiki/Refugee#Asylum_seekers) who arrived by boat between August 2012 and December 2013 and haven't been transferred to [Nauru](http://en.wikipedia.org/wiki/Nauru_detention_centre) or [Manus Island](http://en.wikipedia.org/wiki/Manus_Island_Regional_Processing_Centre)] who are found to be refugees, as an alternative to a TPV [[Temporary Protection Visa](http://en.wikipedia.org/wiki/Temporary_protection_visa)], and will be valid for five years. Persons granted a SHEV will be required to live in a ‘designated region’ and encouraged to fill job vacancies in regional areas. ... Visa holders will have the same access to [Medicare](http://en.wikipedia.org/wiki/Medicare_%28Australia%29) and social security as TPV holders, but those who can show they have worked in a regional area without accessing income support for three and a half years will be permitted to apply for other onshore visas, such as family and skilled visas (but not permanent protection visas).*' (Read more in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040))
  • ### 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).
senate vote 2014-12-04#9

Edited by MA

on 2014-12-09 13:15:52

Title

Description

  • The majority agreed with government amendments (1) to (4) on sheet HA110 (see the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_732621e9-b16b-43fb-a3f0-9596e7758538%22)), which relate to [safe haven enterprise visa](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040) pathways.
  • The majority agreed with government [amendments (1) to (4)](http://www.openaustralia.org.au/senate/?gid=2014-12-04.173.1) on sheet HA110 (see the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_732621e9-b16b-43fb-a3f0-9596e7758538%22) for the amendments). These amendments create the [Safe Haven Enterprise visa](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040) (SHEV), which have been introduced by the Government as part of a deal with the Palmer United Party (see [ABC News](http://www.abc.net.au/news/2014-09-25/government-to-reintroduce-temporary-protection-visas/5768084)).
senate vote 2014-12-04#9

Edited by MA

on 2014-12-09 13:06:05

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 - Safe haven enterprise visa pathway

Description

  • <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>
  • The majority agreed with government amendments (1) to (4) on sheet HA110 (see the [explanatory memorandum](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5346_ems_732621e9-b16b-43fb-a3f0-9596e7758538%22)), which relate to [safe haven enterprise visa](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd040) pathways.