Labor’s new migration laws deliver a dangerous setback for rights of refugees and people seeking asylum

2 December 2024

Amnesty International Australia is outraged at Labor's passage of draconian bills, which deliver a devastating setback to the rights of refugees and people seeking asylum. These laws blatantly violate Australia's international obligations under the 1951 UN Refugee Convention, undermining principles such as non-refoulement and the protection of asylum seekers from punishment.

The Albanese Government has expanded its powers to deport refugees to third countries, cut off lifelines for people in detention by seizing mobile phones, and conduct invasive, unwarranted searches in immigration detention. The new laws impose severe penalties of up to five years' imprisonment on individuals who fail to assist with their own deportation, as well as empower the Government to impose country-wide travel bans on as-yet unknown countries. These measures highlight cruelty and deepen Australia's dependence on harmful policies.

At a time when the Gaza crisis has claimed over 45,000 lives and more than 8,400 refugees remain stuck in Australia's flawed Fast Track system, the Government should provide fair, humane, and permanent pathways to protection. Instead, it is wasting resources on costly and inhumane 'quick fixes' that fail to uphold basic human rights.

Amnesty International Australia demands that the Government fulfil its legal and moral obligations by prioritising safety, dignity, and justice for all refugees and people seeking asylum. Australia must provide safe, humane and compassionate pathways to provide permanent protection to those fleeing persecution.

"It is a deeply shameful time for Australia. Once again, politicians from both sides of the political spectrum have devised increasingly punitive and racist laws targeting the most vulnerable people in our society-refugees and people seeking asylum."

Zaki Haidari, Amnesty International Australia's Strategic Campaigner for Refugee Rights says:

"It is a deeply shameful time for Australia. Once again, politicians from both sides of the political spectrum have devised increasingly punitive and racist laws targeting the most vulnerable people in our society-refugees and people seeking asylum.

"In doing so, they have not only undermined Australia's international obligations but also eroded the very foundation of our multicultural society's social cohesion. These actions are a betrayal of the principles of fairness, humanity, and compassion that should define us as a nation.

"We must stand against this growing tide of cruelty and hold our leaders accountable. Australia can and must do better."

Background

The Labor Government's passage late on Thursday night of the Migration Amendment (Removal and Other Measures) Bill 2024, the Migration Amendment Bill 2024 and the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024 raises serious concerns about the safety and rights of those seeking international protection.

The Albanese Government and Dutton Opposition worked together to pass the bills through Parliament without time for adequate scrutiny. Labor and the Coalition's agreement on the bills highlights that cruelty towards refugees is a bipartisan issue.

These brutal bills grant the Minister expanded powers to pay third countries to accept deported individuals with cancelled visas, often without clarity on the conditions they will face. They also introduce severe penalties, including up to five years' imprisonment for non-citizens who fail to comply with deportation orders - even when they have been found to be owed protection and fear persecution. Additionally, the legislation permits the confiscation of mobile phones and other personal items from individuals in immigration detention, further eroding their rights to stay in contact with family and speak with advocates and legal representatives.