Submission by the Office of the United Nations High Commissioner for Refugees on the Migration Amendment Bill 2024

In summary, the Bill introduces new measures designed to change the legislative framework to facilitate the removal from Australia of certain non-citizens, including those in detention who have been referred for removal and certain non-citizens living in the community on non-substantive visas on a “removal pathway”. Both include asylum-seekers, refugees, and stateless persons, many of whom are long-term
residents of Australia, whose visas were refused or cancelled on character grounds or whose visa will cease in accordance with the new cessation provisions inserted by these amendments, as well as those subject to regional processing arrangements. More explicitly, it proposes to authorise the Government to enter into an agreement and pay foreign countries to receive persons to be removed from Australia involuntarily who
are not its citizens.
There are very few safeguards or statutory parameters governing such proposed third country arrangements, whether in relation to Australia, a third country, or action to be taken in any other country. Rather, the amendments provide expansive immunity from civil liability in relation to good faith actions to (amongst other things) remove or take persons from Australia to a foreign country including to regional processing
countries. [...]
Despite welcomed efforts by the Government to provide some protections in the Bill (including with respect to children) and assurances by the Minister when introducing the measures, that the Government will exercise their removal powers in accordance with their international non-refoulement obligations, for the reasons discussed below, UNHCR is strongly opposed to the measures contained in the Bill.