Fast-track new detention laws have been passed in federal parliament, meaning asylum seekers who refuse to be deported could face up to five years in prison.
The new legislation was rushed to Parliament on Tuesday afternoon, ahead of an upcoming Supreme Court ruling on indefinite detention, and was passed in just over two hours.
Opposition immigration spokesman Dan Tehan described the government’s actions as “an ultramarathon in incompetence.”
“We need to have time to think about that,” he said in response to the introduction of the new laws. ‘We must have time to debate this! And investigate it.’
Nevertheless, the House vote was 102 to 13 against.
A leaked explanatory memorandum to the bill claimed changes were needed to “strengthen the integrity of the migration system” by making it easier for immigrants to be deported.
It will give Immigration Minister Andrew Giles the power to order asylum seekers and other immigrants to “do specified things” that would facilitate their deportation.
Any citizens from countries that do not accept those deported from Australia could also have their visa applications blocked in a bid to encourage cooperation from other countries.
Presenting the legislation to Parliament on Tuesday, Mr Giles said the government was committed to strengthening Australia’s migration system.
“Making it better, stronger, fairer and ensuring it works in Australia’s national interest,” he said.
“We need these important tools to strengthen our migration system.”
Home Secretary Clare O’Neil came under fire this month after it emerged she relied solely on oral advice for the previous Supreme Court ruling
Opposition Home Affairs spokesman James Paterson claimed it was a ‘hasty revamp’ to get the new legislation through
Labor is facing a new challenge from the Supreme Court as an Iranian citizen known as ASF17 makes a legal bid for freedom.
The Albanian government has tried to send him back to Iran, but as a bisexual man he could face the death penalty if he returns.
If a previous Supreme Court ruling – which found indefinite detention unlawful in November – is extended to people who refuse to cooperate with Australian authorities, the Iranian man would be freed and more refugees could be freed.
The government has been drafting legislation since Friday to anticipate the April 17 court ruling.
“Failure to cooperate with removal processes demonstrates contempt for Australian laws,” the memorandum reads.
Opposition home affairs spokesman James Paterson said the Coalition had received little more than an hour’s notice that the Commonwealth wanted to bring the legislation to Parliament on Tuesday.
This gives them about 36 hours to pass the legislation if it needs to be done before the end of the legislative session – the last before the Supreme Court’s ruling.
“Maybe that would be OK if it was in response to a real and urgent crisis, but this is an extraordinary demand to make of Parliament, of all of us,” Senator Paterson said.
Opposition immigration spokesman Dan Tehan also condemned the government’s “lack of transparency”, but neither announced details of the bill. He said it was up to relevant ministers to “do their job” and unveil the legislation.
Greens leader Adam Bandt called the government’s approach extraordinary.
“Nothing has been put forward to justify us losing the usual rights that everyone in this parliament has to consider such important legislation,” he said.
Warringah MP Zali Steggall said she was “deeply disappointed” that Labor was trying to push through legislation without giving enough time to seriously consider the implications.
“Shame on you, shame on every member of the government for supporting something that is deeply, deeply undemocratic,” she said.
The government’s response is similar to the fallout from the Supreme Court’s NZYQ case, when indefinite detention was declared illegal.
In the aftermath, approximately 150 immigrants were released into the community.
While some had serious criminal convictions, including for murder and rape, others faced less serious charges and all served time behind bars before being placed in immigration detention.