How Martin Ferguson voted compared to someone who believes that the federal government should implement the international conventions that relate to seeking refuge and protection from torture. These include the Convention relating to the Status of Refugees, the Protocol relating to the Status of Refugees and the non-refoulement provisions of the UN Convention Against Torture and the International Covenant on Civil and Political Rights

Division Martin Ferguson Supporters vote Division outcome

27th Jun 2012, 6:48 PM – Representatives Migration Legislation Amendment (The Bali Process) Bill 2012 - Consideration in Detail - Party to Refugees Convention or Protocol

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The majority voted against amendments proposed by MP Scott Morrison.

These amendments specified that an offshore processing country must be party to the Refugees Convention or the Refugees Protocol.(Read more about the Refugees Convention here and about the Refugees Protocol here. )

Background to the bill

The bill was introduced by Independent MP Rob Oakeshott in response to the High Court's decision in Plaintiff M70/2011 v Minister for Immigration and Citizenship () HCA 32, which put an end to the Labor Government's Malaysia Solution policy.(Read more about the decision on Wikipedia here and on ABC News here. Read more about the effect of this decision on the Malaysia Solution here. )

To this end, the bill amends the Migration Act 1958 to replace the existing framework for taking offshore entry persons to another country to assess their refugee claims.(More information about this bill and context can be found here.) It also amends the Immigration (Guardianship of Children) Act 1946 in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia. However, these amendments would only have effect for a period of 12 months.

By making these amendments, the bill attempts to codify the Bali Process into domestic law.

References

No Yes (strong) Not passed by a small majority

How "voted very strongly against" is worked out

The MP's votes count towards a weighted average where the most important votes get 50 points, less important votes get 10 points, and less important votes for which the MP was absent get 2 points. In important votes the MP gets awarded the full 50 points for voting the same as the policy, 0 points for voting against the policy, and 25 points for not voting. In less important votes, the MP gets 10 points for voting with the policy, 0 points for voting against, and 1 (out of 2) if absent.

Then, the number gets converted to a simple english language phrase based on the range of values it's within.

No of votes Points Out of
Most important votes (50 points)      
MP voted with policy 0 0 0
MP voted against policy 1 0 50
MP absent 0 0 0
Less important votes (10 points)      
MP voted with policy 0 0 0
MP voted against policy 0 0 0
Less important absentees (2 points)      
MP absent* 0 0 0
Total: 0 50

*Pressure of other work means MPs or Senators are not always available to vote – it does not always indicate they have abstained. Therefore, being absent on a less important vote makes a disproportionatly small difference.

Agreement score = MP's points / total points = 0 / 50 = 0.0%.

And then