The bill seeks to amend the Migration Act 1958 to restore provisions similar to the 'Medevac' legislation that was in place between 2018 and 2019. This involves allowing 'transitory persons'—asylum seekers who arrived by sea and are currently in regional processing countries such as Papua New Guinea and Nauru—to be transferred to Australia for medical treatment if deemed necessary by two or more treating doctors. From the explanatory memo:
This bill will impact all ‘transitory persons’, that is people who sought asylum by sea and were taken to a ‘regional processing country’ and are still in that country, even if that designation has lapsed. As occurred under the previous ‘Medevac’ legislation, a ‘transitory person’ who meets the requirements of the Bill will be given an offer by the Australian Government to come to Australia for medical treatment.
The bill introduces specific sections (198C to 198J) into the Migration Act to outline the process for medical transfers, the role of the Independent Health Advice Panel, and the powers and responsibilities of the Minister in approving or refusing such transfers. It also sets up a mechanism for the review of decisions by the Administrative Review Tribunal and establishes regular reporting requirements to Parliament on the state of transitory persons' health.
The bill should be supported because it restores essential medical transfer provisions that uphold the human rights of asylum seekers by ensuring they receive necessary medical treatment. This aligns with international human rights obligations, including the right to health and freedom from cruel, inhuman, or degrading treatment, as stipulated in various international conventions [Judgment].
The Medevac provisions previously saved lives by facilitating urgent medical care for those in offshore detention. Restoring these provisions is a humane solution that acknowledges Australia's moral and legal responsibility towards asylum seekers, as reaffirmed by recent UN Human Rights Committee rulings [Judgment]. Additionally, it addresses the ongoing mental and physical health crises in offshore facilities, which have been exacerbated by inadequate local healthcare.
The bill should be opposed because it could potentially undermine national security by facilitating the entry of individuals into Australia without thorough vetting, as the decision to transfer is heavily reliant on medical assessments which may not fully consider broader security implications [Judgment].
Moreover, by restoring these provisions, the bill might inadvertently encourage more asylum seekers to risk dangerous sea journeys, believing that they will eventually be brought to Australia for treatment. This could lead to an increase in people smuggling activities and result in more loss of life at sea, counteracting the intended humanitarian goals of the legislation [Judgment].
2025-02-12
Senate
Before Senate
SHOEBRIDGE, Sen David
Unspecified
Immigration, Healthcare, Human Rights