Senator Andrew Bartlett Deputy Parliamentary Leader and Democrats Senator for Queensland Australian Democrats spokesperson for Immigration and Multicultural Affairs
The Australian Democrats today welcomed the findings of the Legal and Constitutional Committee Report into the administration and operation of the Migration Act but said that the report does not go far enough.
"The widely acknowledged cultural problems within the Department of Immigration stem from the inherent unfairness and complexity built into much of the Migration Act," said Democrat Senator Andrew Bartlett.
"It's time for serious re-appraisal of the Migration Act, as many of the changes made over the last decade have proved to be harmful to both the people it affects and those who administer it. We need a review of the current law which will look at reversing many of these changes to the legislation and the negative culture which it engendered."
The Democrats argue that several measures need to be re-assessed including:
The legislation that introduced and tightened mandatory detention.
The Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Act 1998, which toughened existing provisions and enabled the cancellation or refusal of visas on character grounds. (The Democrats noted at the time that this measure could be disastrous).
Statutory rules that mandated the elimination of support for many asylum seekers in the community.
Temporary Protection Visas and the excising of parts of Australia from the migration zone.
Restricting access to the courts and tightening rules which restricted detainees' access to legal assistance.
"While the Committee report provides may useful recommendations, unless there is major reform of the Migration Act, the problems with how the laws are administered will not be solved."
"We must remember that the law applies to human beings, not to abstract concepts. Basic principles of natural justice and a fair go must always remain central in Australian law," Senator Bartlett said.
