A Bill for an Act to amend the Migration Act 1958 to provide for greater fairness and certainty for asylum seekers, and for other purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Amendment (Ending the Nation’s Shame) Act 2014.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Migration Act 1958
1 Subsection 4(5)
Repeal the subsection.
2 Subsection 5(1)
Insert:
Australian citizen has the same meaning as in the Australian Citizenship Act 2007.
3 Subsection 5(1) (note 1 at the end of the definition of immigration detention)
Repeal the note.
4 Subsection 5(1) (note 2 at the end of the definition of immigration detention)
Omit “Note 2”, substitute “Note”.
5 Subsection 5(1) (definition of regional processing country)
Repeal the definition.
6 Subsection 5(1) (paragraph (aa) of the definition of transitory person)
Repeal the paragraph.
7 Subsection 5(1) (definition of unauthorised maritime arrival)
Repeal the definition.
8 Section 5AA
Repeal the section.
9 Paragraph 5A(3)(j)
Repeal the paragraph.
10 Subsection 36(1)
After “class of”, insert “permanent”.
11 After section 41
Insert:
41A Conditions not to limit certain access
(1) Despite section 41, a protection visa or bridging visa must not be subject to any of the following conditions:
(a) a condition restricting the work that may be done in Australia by the holder;
(b) a condition restricting the holder’s access to a medicare benefit payable under Part II of the Health Insurance Act 1973;
(c) a condition restricting the holder’s access to a service, benefit, program or facility provided by, or on behalf of, the Department of Human Services or the Department of Social Services.
(2) The holder of a protection visa or bridging visa may access a service, benefit, program or facility provided by, or on behalf of, the Department of Human Services or the Department of Social Services on the same basis as an Australian citizen.
12 Section 46A
Repeal the section.
13 Section 73
Before “If”, insert “(1)”.
14 At the end of section 73
Add:
(2) The Minister is taken to be satisfied that an eligible non‑citizen satisfies the criteria for a bridging visa as prescribed under subsection 31(3) if subsection 189(4A) applies.
15 After subsection 189(4)
Insert:
(4A) A person may be detained under subsections (1) to (4) for no more than 14 days. If the person’s application for a visa has not been decided by the end of that time:
(a) the person must be released; and
(b) the Minister must grant a bridging visa to the person.
16 Paragraph 196(1)(aa)
Repeal the paragraph.
17 Subsection 198(11)
Repeal the subsection.
18 Subdivision B of Division 8 of Part 2
Repeal the Subdivision.
19 At the end of Subdivision A of Division 8 of Part 2
Add:
198A Reporting requirements—asylum seeker arrivals and protection visas
(1) As soon as practicable after the end of a reporting period, the Minister must table a report in each House of the Parliament that sets out:
(a) the number of asylum seekers that arrived in Australia’s migration zone during the reporting period; and
(b) the number of protection visas granted during the reporting period.
(2) In this section:
reporting period means:
(a) for the first report—the period beginning on the day this section commences and ending 3 months after that day; and
(b) for subsequent reports—the period beginning on the first day after the end of the immediately preceding reporting period and ending 6 months after that day.
20 Subsection 199(4)
Repeal the subsection, substitute:
(4) Unless the unlawful non‑citizen makes a request mentioned in subsection (3), the dependent child or children of the non‑citizen are to remain with at least one of their parents during any period of detention or transportation.
21 Paragraphs 336F(3)(a) and (4)(a)
Repeal the paragraphs, substitute:
(a) the identifying information relates to an applicant for a protection visa; and
22 Paragraph 336F(5)(b)
Omit “or”.
23 Paragraphs 336F(5)(c), (ca), (cb) and (cc)
Repeal the paragraphs.
24 Paragraph 474(7)(a)
Omit “198AE,”.
25 Section 494AA
Repeal the section.
26 Paragraph 494AB(1)(ca)
Repeal the paragraph.
27 After section 499
Insert:
499A Equal access to review mechanisms
Nothing in this Act is to be interpreted as affording an asylum seeker lesser or different rights for review of a decision made under this Act than that afforded to any other asylum seeker, regardless of how the first‑mentioned asylum seeker arrived in Australia’s migration zone.