Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012

• Allows the Immigration Minister to designate any country as a regional processing country  if in the national interest, and anyone arriving by boat on or after 13/08/12 must be taken to a regional processing country unless the Minister grants an exemption.

• Removes the duty on the Immigration Minister to act as the legal guardian of unaccompanied minors who are sent to a regional processing country.

Not required.

The original Migration Legislation (Regional Processing and Other Measures) Bill was introduced into Parliament in September 2011, ie prior to the passage of the Human Rights (Parliamentary Scrutiny) Act 2011 (HR(PS) Act). Government amendments to the bill (to enable offshore processing in a designated ‘regional processing country’ in line with the expert panel recommendations) were introduced on 14 August 2012.

Amendments to bills are not technically required to be accompanied by a statement of compatibility under section 9 of the HR(PS) Act; however the committee has indicated that it would be good practice to do so particularly where the amendments have the potential to impact on human rights .

17 Aug 2012

Migration Act 1958 - Instrument of Designation of the Republic of Nauru as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - September 2012 [F2012L01851]

• Designates Nauru as a regional processing country to which asylum seekers can be sent.

Not required.

The instrument does not come within the definition of a disallowable legislative instrument under section 42 of the Legislative Instruments Act 2003 (LI Act). Section 9 of the HR(PS) Act only requires statements for legislative instruments within the meaning of section 42 of the LI Act. The committee’s mandate to examine legislative instruments, however, is not tied to the section 42 definition.

12 Sep 2012

Migration Act 1958 - Instrument of Designation of the Independent State of Papua New Guinea as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - October 2012 [F2012L02003]

• Designates Papua New Guinea as a regional processing country to which asylum seekers can be sent.

Not required.

The instrument does not come within the definition of a disallowable legislative instrument under section 42 of the Legislative Instruments Act 2003 (LI Act). Section 9 of the HR(PS) Act only requires statements for legislative instruments within the meaning of section 42 of the LI Act. The committee’s mandate to examine legislative instruments, however, is not tied to the section 42 definition.

10 Oct 2012

Migration Amendment Regulation 2012 (No. 5) [F2012L01961]

• Prevents people arriving by boat after 13/08/12 from applying for family reunion through the Humanitarian Program.

• Changes the criteria for determining existing family reunion visa applications (so family reunion concessions only apply to persons who arrived by air or under the offshore humanitarian program). 

Yes.

In, Report 6 of 2012, the committee indicated its intention to defer its consideration of this regulation to enable closer examination of the issues as part of the broader package of amendments arising from the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012.

27 Sep 2012

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012-2013

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 2) 2012-2013

• Sought appropriation authority for the additional expenditure of money from the consolidated revenue fund to provide additional appropriation to the Immigration Department to address the increased costs of irregular maritime arrivals, including capital works and services for regional processing facilities on Nauru and Manus Island.

• The total appropriation was $1,674,982,000.

Yes.

In Report 7 of 2012 the committee indicated its intention to defer its consideration of these bills to enable closer examination of the issues as part of the broader package of amendments arising from the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012.

28 Nov 2012

Migration Regulations 1994 - Specification under paragraphs 050.613A(1)(b) and 051.611A(1)(c) - Classes of Persons - November 2012

• Provides that bridging visas granted to people who arrived before 13/08/12 can include a condition allowing for work rights, but the right to work does not apply to people arriving by boat on or after 13/08/12.

Not required.

The instrument does not come within the definition of a disallowable legislative instrument under section 42 of the Legislative Instruments Act 2003 (LI Act). Section 9 of the HR(PS) Act only requires statements for legislative instruments within the meaning of section 42 of the LI Act. The committee’s mandate to examine legislative instruments, however, is not tied to the section 42 definition.

20 Nov 2012

Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013

• Expands the scope of persons that fall within the scope of the regional processing regime by providing that all irregular maritime arrivals will have the same legal status regardless of where they arrive in Australia.

Yes.

In Report 7 of 2012 the committee indicated its intention to defer its consideration of this bill to enable closer examination of the issues as part of the broader package of amendments arising from the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012.

1 Jun 2013

Migration Amendment Regulation 2013 (No. 2) (F2013L00795)

• Introduces a Community Proposal Pilot which sets aside 500 of the 20,000 Refugee and Humanitarian (Class XB) visa places to persons outside Australia in need of humanitarian assistance who are sponsored by an approved community organisation and upon payment of almost $20,000. 

Yes.

16 May 2013

Migration Amendment (Health Care for Asylum Seekers) Bill 2012

(Introduced by Senators Hanson-Young and Di Natale)

• Proposes to amend the Migration Act 1958 to require the Immigration to establish an independent expert panel to monitor and report to Parliament at least twice a year on the health of asylum seekers in regional processing countries.

Yes.

The committee considered this bill in its Report 3 of 2012.  The committee's view was that the bill did not appear to raise any human rights concerns.

Not in force