Australia’s Migration Bill 2024 – Update & Potential Effects

Australia’s Migration Bill 2024 – Update & Potential Effects

The Australian government has introduced the Migration Amendment (Removal and Other Measures) Bill 2024, which proposes several significant changes to the immigration system. Here are the key details:

  1. Removal Pathway Non-Citizens: The bill amends the Migration Act 1958 to require non-citizens who are on a removal pathway and have exhausted all avenues to remain in Australia to cooperate with steps taken to arrange their lawful removal.
  2. Ministerial Directions: It allows the Minister to issue written directions to facilitate the removal of non-citizens. Non-compliance with these directions will result in criminal penalties, including mandatory minimum sentences.
  3. Protection Findings: The Minister will have the power to reverse a protection finding for non-citizens on a removal pathway.
  4. Designation of Removal Concern Countries: The Minister can designate certain countries as "removal concern countries," preventing citizens from those countries from applying for visas while outside Australia.
  5. Statutory Expectation: The bill sets out a statutory expectation that removal pathway non-citizens will voluntarily leave Australia and cooperate with their removal.

The bill has been referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry, and there have been mixed responses. While the Committee recommended passing the bill, there have been dissenting reports and concerns raised about its scope, provisions, and potential impact on affected individuals and social cohesion.

Potential Effects

  1. Increased Compliance: The bill aims to ensure that non-citizens on a removal pathway comply with the steps necessary for their removal, potentially leading to more efficient and timely removal processes.
  2. Criminal Penalties: Introducing criminal penalties for non-compliance could deter non-citizens from obstructing or frustrating their removal, but it may also raise concerns about the severity of the penalties and their impact on individuals.
  3. Human Rights Concerns: The bill has raised concerns among community groups and service providers about its potential impact on affected individuals and social cohesion. Critics argue that the measures may be disproportionate and could lead to negative consequences for vulnerable populations.
  4. Policy Impact: The designation of removal concern countries could affect the ability of citizens from those countries to migrate to Australia, potentially impacting international relations and the diversity of the migrant population.

Overall, the bill aims to strengthen the integrity of Australia's immigration system but has sparked debate about its scope and potential effects on individuals and communities

These changes are part of the broader New Migration Strategy announced in December 2023, aiming to drive economic growth, address skill shortages, and ensure the integrity of the migration process

Note: For more details follow department of home affairs website. This blog is for learning and awareness purpose only. Visa2land Pty Ltd is a registered and approved consultancy based in Melbourne, Australia with partner offices in India, Pakistan, Bangladesh, Philippines, Malaysia and Indonesia. Drop us an email if you need help in immigration related issues at: [email protected]

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