FAQs on deportation and entry ban Bill

What is the Bill about?

On 26 March 2024, the Government introduced a Bill which provides the Minister for Immigration with new powers to force a person to cooperate with being deported from Australia. The Bill also allows the Minister for Immigration to prevent people from certain countries from entering Australia.

The Bill has not become law yet. It has been referred to a Senate inquiry, which will report to Parliament on 7 May 2024. It is possible that the Bill will become law soon after this date, and that some changes will be made to the Bill before it becomes law.

For a detailed explainer about the Bill, you can read the Human Rights Law Centre’s explainer here.

1.I am in detention and on an involuntary removal pathway (i.e. the government is trying to deport me from Australia but I do not want to leave and do not have an ongoing visa application or review process). Do I need to engage with the deportation process now?

As the Bill has not become law yet, you are not required to engage with the deportation process. This means that you do not have to apply for a travel document, sign documents or attend an interview.

However, if the Bill becomes law, it is likely that there will be penalties if you do not cooperate with a written request given to you about the deportation process without a reasonable excuse.

The Bill says that a fear of persecution or negative consequences is not considered a reasonable excuse.

The Bill currently says that if a person does not comply with a written request to engage in the deportation process (e.g. sign a document or attend an interview), the person could face imprisonment of up to 5 years (with a minimum of 1 year of imprisonment).

It is important that you speak to a lawyer before you agree or refuse to be deported from Australia.

2. I am a Bridging E Visa (BVE) holder. How does this Bill impact me?

The Bill only applies to certain BVE holders. If you have been granted a BVE on departure grounds (i.e. on the basis that you are making arrangements to leave Australia), it is likely that this Bill applies to you. As the Bill has not become law yet, you are not required to cooperate with any deportation process (unless it is a condition of your BVE).

This Bill does not apply to BVE holders who:

• Have applied for a Protection visa and are waiting for a decision from the Department of Home Affairs;
• Are seeking review of the Department’s decision to refuse their Protection visa application before the Administrative Appeals Tribunal (AAT) or Immigration Assessment Authority (IAA); or
• Are seeking judicial review of the AAT or IAA’s decision to refuse their Protection visa application before the Federal Circuit and Family Court, Federal Court or High Court (including people subjected to the Fast Track process).

BVE holders at risk of being impacted by the Bill, include:

• People seeking ministerial intervention; and
• People who have been transferred from Nauru or Papua New Guinea to Australia.

It is important that you speak to a lawyer if you are contacted by the Department or Australian Border Force (ABF) about being deported from Australia.

3. I am a Bridging R Visa (BVR) holder. How does this Bill impact me?

The Bill applies to BVR holders. If you were granted a BVR after November 2023, it is very likely that your BVR includes visa conditions that require you to engage with any process to deport you from Australia (e.g. apply for a travel document, sign documents or attend an interview).

If you do not comply with certain BVR conditions about engaging with the removal process, it may be a criminal offence and you could face imprisonment of up to 5 years (with a minimum of 1 year of imprisonment).

If the Bill becomes law, it is likely that you could face additional penalties if you do not cooperate with a deportation process if you receive a written request to do so.

The Bill currently says that if a person does not comply with a written request to engage in the deportation process (e.g. sign a document or attend an interview), the person could face imprisonment of up to 5 years (with a minimum of 1 year of imprisonment).

It is important that you speak to a lawyer if you are contacted by the Department or ABF about being deported from Australia.

4. My family who lives overseas wants to come to Australia. Does this Bill prevent them from applying for a visa?

The Bill gives the Minister for Immigration the power to prevent people from certain countries from entering Australia. This ban applies to people who are outside Australia; it does not apply to people applying for visas who are already in Australia.

The entry ban does not apply if the person applying for the visa:

• Is a dual national (holding citizenship of another country in addition to the banned country);
• Is the spouse, de facto partner or dependent child of an Australian citizen, permanent visa holder or person who is usually resident in Australia;
• Is the parent of a child in Australia who is under 18 years; or
• Is applying for a Refugee and Humanitarian (Class XB) visa.

The Minister has the power to allow other groups of people to enter Australia despite the entry ban.

The Bill does not say which countries the government will include in the entry ban. It is likely that countries that do not accept involuntary removals (i.e. do not accept return of its citizens who do not want to return) may be included.

As the Bill has not become law yet, the entry ban does not currently apply to any existing visa applications made by people outside Australia.

It is important that you speak to a lawyer if you want to sponsor your family to come to Australia.

5. The Government has said that this bill isn’t about refugees and that there are protections for refugees in the bill? Is that right?

Although there are limited protections for some refugees in the Bill, these protections do not go far enough and refugees will be at risk of harm and family separation because of this Bill.

The limited exception preventing deportation of people ‘owed protection findings’ (as defined in the Migration Act) does not apply to all refugees. This means that some refugees, such as people granted humanitarian visas who live in Australia, could be deported to countries where they face harm.

The Bill also gives the Minister for Immigration new powers to overturn a person’s ‘protection finding’ and deport someone who was previously found to be a refugee.

Also, people seeking asylum who have not had their protection claims fairly assessed, such as people subjected to the unfair Fast Track process, are at risk of harm under this Bill.

While the entry ban does not apply to people outside Australia who apply for a Refugee and Humanitarian (Class XB) visa, the entry ban will still prevent refugees (and other people in our community) from reuniting with family in Australia. For example, a refugee in Australia will not be able to sponsor their loved one to apply for a partner/child/parent visa if they are from a country on the entry ban list.

The entry ban will also prevent refugees from travelling to Australia as holders of other visas granted to them, such as student visas.