Migration Amendment (Limits on Immigration Detention) Bill 2024

High-Level Summary
The bill proposes to amend the Migration Act 1958 to introduce a 90-day limit on immigration detention and prohibit the detention of minors, aiming to improve compliance with international human rights obligations.

Summary
The Migration Amendment (Limits on Immigration Detention) Bill 2024 amends the Migration Act 1958 to introduce significant changes to Australia's immigration detention policy. The bill introduces a 90-day limit on immigration detention, which can only be extended if deemed necessary, reasonable, and proportionate by the Minister, in accordance with principles of international law. Such extensions are reviewable by the Administrative Review Tribunal (ART). Additionally, the bill prohibits the detention of minors, aligning with human rights obligations. It repeals provisions that exclude regional processing from being classified as immigration detention, ensuring the 90-day limit applies to offshore processing. The bill emphasizes adherence to human rights laws, including the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR), and others. This legislative change aims to prevent indefinite detention and uphold the rights and dignity of individuals in immigration detention.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Discrimination / Human Rights

The bill should be supported because it aligns Australia’s immigration detention practices with international human rights standards, thereby upholding the dignity and human rights of non-citizens [Judgment]. By introducing a 90-day limit on detention, it prevents the indefinite detention of individuals, which is a key human rights concern. The prohibition on detaining minors further reinforces the commitment to protecting vulnerable groups and ensures compliance with the Convention on the Rights of the Child (CRC).

Moreover, the bill introduces oversight mechanisms, such as review by the Administrative Review Tribunal (ART), which promote transparency and accountability in detention decisions, supporting a fairer and more humane system [Judgment].


Argument Against
Normative Bases
  1. Hobbesianism
  2. National Security

The bill should be opposed because it may potentially compromise national security by limiting the government's ability to detain individuals who might pose a threat for longer periods when necessary. The 90-day limit could hinder the processing of complex cases where more time is needed to assess security risks or verify an individual's identity thoroughly [Judgment].

Additionally, the prohibition on detaining minors, while well-intentioned, could inadvertently incentivize individuals to exploit this provision by using minors to gain entry into the country, complicating border management and potentially increasing illegal immigration [Judgment].


Date:

2024-08-19

Status:

Not Proceeding

Sponsor:

TINK, Kylea, MP

Portfolio:

Unspecified

Categories:

Discrimination / Human Rights, Immigration, National Security

Timeline:
19/08/2024
28/03/2025

Comments (0)