Deportation Bill update: RACS presents submission, showing that the proposed legislation should be rejected
RACS was invited to present our submission to the parliamentary inquiry into the Migration Amendment (Removal and Other Measures) Bill 2024.
We were represented by Supervising Senior Solicitors Ahmad Sawan and Isobel McGarity, and trust that their input will encourage the committee to recommend the Bill not be passed.
The Bill is an an impermissible over-reach of executive power, with inadequate underlying justification for those powers. Vesting such broad, vague, and wide-sweeping powers in a Minister is at odds with the division of powers in Australia, constituting an over-step in executive function.
Good laws safeguard the rights of individuals in codified ways. This means that no matter who the Minister of the day is, the migration system can be administered in a way that is fair, efficient, and just. Allowing for Ministerial discretion and exemptions that are non-compellable does little to ameliorate the potentially significant impact the Bill could have on individuals.
We recommend the Bill not be passed, and advocate for thoughtful reforms in the immigration framework to address indefinite detention.
Further to this, we are especially concerned that:
Rushing through a new law without enough review or input from the people it affects goes against transparent government, and could have serious consequences for human rights;
The Bill has the potential to impact thousands of refugees and people seeking asylum who have not had their claims heard through a fair process - and yet would face deportation or criminal sanctions for failing to assist in their own deportation.
We must consult communities and people with lived-expertise before making laws that affect refugees and asylum seekers.
The proposed law, which would impose a travel ban to prevent people from coming to Australia, does not consider individual circumstances and jeopardises Australia’s international reputation.
We believe that the Bill gives too much power to the Minister, without clear limits.
Over 100 submissions were made to the inquiry and the final report is due on 7 May.