Morrison Government trying to force through rejected, unjustified Bill that will separate families

Media Release

15 February 2022

The Morrison Government will re-introduce a twice-rejected Bill that gives the Department of Home Affairs sweeping powers without justification, undermining the function of Australian courts and causing serious harm to individuals and families.

The Migration Amendment (Strengthening the Character Test) Bill has been in front of Parliament for 1,200 days, during which it has been referred to three inquiries and routinely criticised by legal experts and committees alike. In October 2021, the Bill was blocked by Independents, Labor and the Greens.

This Bill, if passed, would introduce arbitrary and unreasonably low thresholds for mandatory failure of the character test for people based on the maximum possible sentence someone could receive, rather than the sentence they actually received, leading to visa cancellation or refusal.

This means a non-citizen who commits an offence and serves a light sentence such as community service, is far more likely to lose their visa and be forcibly removed from Australia, separated from their family and livelihoods and potentially returned to serious harm. The proposal will disproportionately affect vulnerable members of the community, including survivors of family violence.

It is estimated this Bill will cause cancellations to increase fivefold, after an existing increase of over 1000% since 2014. Those affected will include refugees, who will face catastrophic consequences including indefinite detention and permanent separation of families.

Hannah Dickinson Principal Solicitor and Manager of the Human Rights Law Program at ASRC said: “This is a dangerous and poorly drafted Bill serving no legitimate purpose and which is out of step with Australian community values. It has failed twice previously due to its critical flaws. The Morrison Government has not provided a single example of a visa they want to cancel, but can’t cancel using their extraordinary existing powers.”

“This Bill won’t impact the Government’s ability to cancel the visas of people with serious criminal histories, but it will make it more likely that vulnerable people who have committed low-level offences will face cancellation or refusal, leading to to the most severe forms of harm including permanent family separation, indefinite detention and forcible return to torture, loss of liberty or death.”

Jana Favero, Director of Advocacy and Campaigns at ASRC said: “It is a racist law, pure and simple. It explicitly subjects non-citizens and refugees to a separate legal system, where some serve light sentences of community service and others are indefinitely detained for exactly the same offence. This law will separate families, take parents away from their children and destroy livelihoods.”

“The Minister of Home Affairs and Immigration already have ‘god-like’ powers to cancel visas with little oversight or scrutiny, something we saw in the Djokovic saga. This law is nothing more than a political stunt, one that will hurt families and undermine the rule of law.”

–ENDS–

Media contact: Sam Brennan 0428 973 324 or sam.b4@asrc.org.au