The Albanese Labor government has taken a hardline stance on immigration, introducing sweeping legislation to bolster its powers to detain and deport unlawful non-citizens from Australia. The controversial migration amendment bill 2024, tabled in parliament by Home Affairs Minister Tony Burke, aims to facilitate the removal of visa overstayers and failed asylum seekers to third countries willing to accept them.
Under the proposed changes, the government would be authorized to make payments to foreign nations in exchange for receiving deportees, potentially opening the door for diplomatic bargaining and raising questions about the treatment and rights of those forcibly transferred offshore. The bill also targets the 224 individuals released from indefinite immigration detention following the landmark November 2023 NZYQ high court ruling, which found the practice unlawful.
Minister Burke framed the legislation as a matter of paramount community safety, asserting that the government’s “first priority is not ankle bracelets or detention for these people, our first priority is: we don’t want them in Australia at all.” The bill’s explanatory memorandum outlines a process whereby a third country’s agreement to accept a non-citizen would trigger the cancellation of their bridging visa, rendering them liable for re-detention and removal.
Greens Slam “Inhumane” Bill
The government’s hardline approach has drawn fierce criticism from the Greens, with immigration spokesperson David Shoebridge condemning the bill as a draconian measure designed to “out-Dutton Peter Dutton,” referring to the former Coalition minister’s notoriously tough stance on border control.
“If this law passes then people who have come to Australia having fled persecution from Iran, Afghanistan or Russia will face either indefinite detention or removal to countries that have been bribed to take them.”
– David Shoebridge, Greens immigration spokesperson
Shoebridge called on Labor to withdraw the bill and respect the high court’s decision in NZYQ, arguing that the proposed changes violate Australia’s international human rights obligations and risk returning vulnerable individuals to danger.
Ankle Bracelets and Curfews Reinstated
Alongside the migration amendment bill, the Albanese government has moved swiftly to reimpose controversial control measures on non-citizens released from detention, enacting regulations to regain the power to require ankle bracelets and enforce curfews.
The new rules, introduced in response to Wednesday’s YBFZ high court decision that found the existing regime punitive and unconstitutional, will temporarily result in 150 individuals having their electronic monitoring removed and 130 being freed from curfew restrictions.
Minister Burke emphasized that the measures are “designed to protect the community, not as a punitive measure,” while criticizing the Coalition for insisting on making them the default conditions during negotiations over the original legislation.
Balancing Act: Safety vs Rights
As the migration amendment bill begins its journey through parliament, the Albanese government finds itself walking a political and ethical tightrope. While the desire to prioritize community safety and maintain a firm grip on border control is understandable, critics argue that the proposed changes swing the pendulum too far, sacrificing individual rights and Australia’s international standing in the process.
The coming weeks will see intense debate and scrutiny of the bill’s provisions, with the Greens vowing to oppose its passage and refugee advocates mobilizing to protect the hard-won gains of the NZYQ decision. As the nation grapples with the complex challenges of migration policy in an increasingly uncertain world, the outcome of this legislative battle will have profound implications for both the individuals caught in the system and Australia’s identity as a just and compassionate society.
While Minister Burke has indicated that the bill “does not have to be rushed through this week,” the government’s determination to assert its authority over immigration detention and deportation seems unwavering. As the political drama unfolds in Canberra, the lives of hundreds of non-citizens hang in the balance, their futures dependent on the delicate interplay of law, diplomacy, and the competing imperatives of border control and human rights.
