edited
28th May 2021
Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 - Second Reading - Non-refoulement obligations
Passed by a modest majority
No rebellions 55% attendance
13th May 2021, 1:35 PM – Senate Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 - Second Reading - Agree with bill's main idea
Summary
EditThe majority voted in favour of the main idea of the bill. In parliamentary jargon, they voted to read the bill for a second time and can now discuss the bill in more detail.
What is the bill's main idea?
According to the bills digest:
The purpose of the Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 (the Bill) is to amend the Migration Act 1958 to clarify that the Act does not authorise the removal of a person who is found to attract Australia’s protection obligations under international law. The Bill responds to two recent Federal Court decisions which found that section 197C of the Migration Act effectively overrides Australia’s international obligations not to return a person to a country where they face persecution or a real risk of significant harm (known as non-refoulement obligations). The Federal Court has found that currently, the Migration Act requires a person who is owed such obligations but is refused a protection visa, to either be removed from Australia or released from immigration detention.
The Bill also inserts an express requirement that Australia’s protection obligations be considered before a decision is made whether to grant or refuse a protection visa.
In a nutshell, this amendment will ensure that people can continue to be detained in immigration detention if they have been refused a protection visa but cannot be returned to their own countries of origin due to Australia's international obligations of non-refoulement.
Read more about this bill in the bills digest.
Votes Passed by a modest majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (100% turnout) | 0 Yes – 9 No | |
| Mehreen Faruqi NSW | No | |
| Sarah Hanson-Young SA | No | |
| Nick McKim Tasmania | No | |
| Janet Rice Victoria | No | |
| Rachel Siewert WA | No | |
| Jordon Steele-John WA | No | |
| Lidia Thorpe Victoria | No | |
| Larissa Waters Queensland | No | |
| Peter Whish-Wilson Tasmania | No | |
| Australian Labor Party (12% turnout) | 3 Yes – 0 No | |
| Raff Ciccone Victoria | Yes | |
| Patrick Dodson WA | Yes | |
| Kristina Keneally NSW | Yes | |
| Tim Ayres NSW | Absent | |
| Catryna Bilyk Tasmania | Absent | |
| Carol Brown Tasmania | Absent | |
| Kim Carr Victoria | Absent | |
| Anthony Chisholm Queensland | Absent | |
| Don Farrell SA | Absent | |
| Alex Gallacher SA | Absent | |
| Katy Gallagher ACT | Absent | |
| Nita Green Queensland | Absent | |
| Kimberley Kitching Victoria | Absent | |
| Jenny McAllister NSW | Absent | |
| Malarndirri McCarthy NT | Absent | |
| Deborah O'Neill NSW | Absent | |
| Helen Polley Tasmania | Absent | |
| Louise Pratt WA | Absent | |
| Tony Sheldon NSW | Absent | |
| Marielle Smith SA | Absent | |
| Glenn Sterle WA | Absent | |
| Anne Urquhart Tasmania | Absent | |
| Jess Walsh Victoria | Absent | |
| Murray Watt Queensland | Absent | |
| Penny Wong SA | Absent | |
| Stirling Griff SA Centre Alliance | Absent | |
| Sam McMahon NT Country Liberal Party | Yes | |
| Sue Lines WA Deputy President | Absent | |
| Rex Patrick SA Independent | Yes | |
| Jacqui Lambie Tasmania Jacqui Lambie Network | Yes | |
| Liberal National Party (100% turnout) | 2 Yes – 0 No | |
| Matthew Canavan Queensland | Yes | |
| James McGrath Queensland | Yes | |
| Liberal Party (76% turnout) | 22 Yes – 0 No | |
| Eric Abetz Tasmania | Yes | |
| Alex Antic SA | Yes | |
| Wendy Askew Tasmania | Yes | |
| Andrew Bragg NSW | Yes | |
| Slade Brockman WA | Yes | |
| Claire Chandler Tasmania | Yes | |
| Richard Colbeck Tasmania | Yes | |
| Jonathon Duniam Tasmania | Yes | |
| David Fawcett SA | Yes | |
| Concetta Fierravanti-Wells NSW | Yes | |
| Sarah Henderson Victoria | Yes | |
| Hollie Hughes NSW | Yes | |
| Jane Hume Victoria | Yes | |
| Andrew McLachlan SA | Yes | |
| James Paterson Victoria | Yes | |
| Gerard Rennick Queensland | Yes | |
| Linda Reynolds WA | Yes | |
| Anne Ruston SA | Yes | |
| Ben Small WA | Yes | |
| Dean Smith WA | Yes | |
| Amanda Stoker Queensland | Yes | |
| David Van Victoria | Yes | |
| Simon Birmingham SA | Absent | |
| Michaelia Cash WA | Absent | |
| Jim Molan NSW | Absent | |
| Matt O'Sullivan WA | Absent | |
| Marise Payne NSW | Absent | |
| Paul Scarr Queensland | Absent | |
| Zed Seselja ACT | Absent | |
| National Party (67% turnout) | 2 Yes – 0 No | |
| Perin Davey NSW | Yes | |
| Susan McDonald Queensland | Yes | |
| Bridget McKenzie Victoria | Absent | |
| Pauline Hanson's One Nation Party (0% turnout) | Absent | |
| Pauline Hanson Queensland | Absent | |
| Malcolm Roberts Queensland | Absent | |
| Scott Ryan Victoria President | Yes | |
| Totals (55% turnout) | 33 Yes – 9 No |
Turnout is the percentage of members eligible to vote that did vote.