Australia: Submission on the Migration Amendment (Removal and Other Measures) Bill 2024

This is a UNHCR submission to the Senate Legal and Constitutional Affairs Legislation Committee. It expresses UNHCR's position regarding the Migration Amendment (Removal and Other Measures) Bill 2024. 

UNHCR welcomed the Government’s continued commitment to upholding its international human rights and non-refoulement obligations. However, in UNHCR’s view, this Bill would result in a heightened risk of refoulement for those who would fall under its scope. This is because of:

1. The implementation of legal interpretations and processes that are not aligned with Australia's obligations under the 1951 Refugee Convention; and
2. Inadequate procedural safeguards in determination procedures.

If implemented, these measures may likely result in many people continuing to be deprived of liberty, contrary to international refugee and human rights law, including the prohibition against torture or ill-treatment.

UNHCR urged the Committee to advise the Bill either not proceed or be amended according to UNHCR’s recommendations. Additionally, UNHCR urged the Government to make amendments to the Migration Act according to previous UNHCR submissions, to better align Australia’s asylum determination system with the 1951 Convention.