Andrew Bartlett (Queensland, Australian Democrats) Share this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard and to table an explanatory memorandum relating to the bill.

Leave granted.

The speech read as follows—

MIGRATION LEGISLATION AMENDMENT (ENABLING PERMANENT PROTECTION) BILL 2006

This Private Senator’s Bill is one of a number of Migration Act Amendment Bills which I am tabling in the course of this year. This bill seeks to remove the unfair provisions which prevent people on Temporary Protection Visas (TPV) who have been convicted of certain legal offences from being eligible to receive a permanent Protection Visa when their TPV expires. Currently, such people can only be issued with a further TPV unless the Minister chooses to use his or her discretion to waive this requirement.

Punitive provisions were introduced for holders of TPVs who are convicted of minor crimes. In such cases, Temporary Protection Visas are rolled over for an additional period of four years from the date of conviction, thus postponing the prospect of family re-union by that period of time.

The Department of Immigration and Multicultural Affairs advises that the Migration Regulations have been amended to ensure that a person is not granted a Permanent Protection Visa for four years from the date of a conviction in Australia, whether during detention or while in the community, for a criminal offence carrying a maximum penalty of imprisonment of twelve months or more.

A ‘maximum penalty of imprisonment of twelve months or more’ can potentially cover quite minimal criminal offences in Australia, from abusive language to theft of a bicycle.

These provisions result in the double punishment of a refugee who has already been convicted through the judicial system by depriving them of certainty and security, as well as measures such as family reunion, for a subsequent four years period.

The Democrats do not believe that there is any justification for such a penalty under the Refugee Convention. Such penalties are entirely disproportionate to the offence committed. These provisions can only have negative consequences and should be abolished.

I commend this bill to the Senate.

I table the explanatory memorandum, and I seek leave to continue my remarks later.

Leave granted; debate adjourned.