Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

I rise to speak on the Migration Amendment (Australia's Engagement in the Pacific and Other Measures) Bill 2023 and the Migration (Visa Pre-application Process) Charge Bill 2023. These bills amend the Migration Act in a way that would enable the minister to implement a visa pre-application process for the random selection of eligible people who would then be permitted to apply for a relevant visa. The functionality of that ballot system would be similar to the framework for the allocation of green cards in the US, and it replicates how New Zealand allocates a similar Pacific island visa. The accompanying bill would provide for the imposition of a charge, on the registration of a participant, with the actual charge to be set out in future regulations. The purpose here is to provide pathways, but the only undertaking that the government has actually given regarding the use of the ballot system is to allocate up to 3,000 Pacific engagement visas, or PEVs, per year to Pacific islanders and East Timorese across participating countries. Those selected in the ballot would then be able to apply for permanent residence in Australia. Those 3,000 places would be in addition to the current migration program.

We've got three main concerns with this bill, and we have relevant amendments that will seek to address those concerns. The first concern is that, as it is drafted, the amendment bill could be used to allocate humanitarian visas. Clearly, that is a matter of great concern. The potential use of the ballot system, where it pertains to humanitarian visas, has rightfully been condemned by the UNHCR. The Greens recommended quarantining it from the provisions of the amendment bill in our minority report from the Senate inquiry into those bills. That's our first point in relation to these bills. It's absolutely crucial that this ballot system does not apply to humanitarian visas. That would be an abrogation of all of our international obligations, and it's why we'll be moving an amendment to make sure that those humanitarian visas are quarantined from the application of this new proposed ballot system. The bill does not technically rule it out, which is why it's important that we seek to clarify that.

Our other two concerns with this bill relate to the fact that we're ignoring the drivers of much of this migration by continuing to underperform when it comes to climate action. This government has ticked off on five coal and gas proposals since it assumed office, even though our Pacific neighbours are begging us in every possible forum to stop approving new coal, oil and gas. We already know that the food producing areas of the Torres Strait and of our Pacific island neighbours are facing saltwater incursion in a way that directly threatens their food security. We know that already the sea level rises and worsening extreme weather events are threatening the very existence of some of those low-lying nations in our Pacific region. Whilst this government is proposing a ballot for 3,000 permanent residents, it's continuing to tick off on new coal and gas that is directly threatening the homes, the safety and the livelihoods of our Pacific island neighbours. It is like a bait and switch. It's not good enough.

This is exactly why we have called for there to be no new coal, oil and gas. It's not just for the safety of our Pacific neighbours and their ongoing ability to live and provide food for themselves but also for our own safety. My home state of Queensland has bushfires burning now, in October. Last year the fires began in September. We are seeing worse climate impacts, and they are happening now. They are affecting our biodiversity, they are affecting our human settlements and they are affecting our very way of life. This government, which promised to be so different from the last, continues to approve new coal, oil and gas. Now they have the audacity to say to the Pacific—not that we're going to listen to them on the climate and stop approving new coal and gas—that we're going to have a ballot for permanent residency.

I'm afraid you can't ignore the elephant in the room, which is your continued approval of coal and gas projects. Of course we look at the donations made by the fossil fuel industry, which are made indiscriminately to both the major parties in this place. We look at the lobbyist jobs that the gas industry, the coal industry and the oil industry offer to politicians when they leave this place. All sorts of financial and personal incentives are offered. Yet we see the climate scientists and the reality of what's happening with the impacts of the climate crisis on nature, our homes, our communities and our emotional and physical wellbeing. It is long past time we stopped approving new coal, oil and gas. It's a little bit rich that, in the context of the pleas from the Pacific island nations that we stop approving new coal and gas, the response of the government is this legislation.

The third issue that we have with this legislation is that it furthers discriminates against people with a disability. This is actually horrific. I had to read that twice, to be honest. It beggars belief that the exemptions provided in the Migration Act mean that most of our migration programs do not satisfy Australia's equal protection obligations under article 5 of the Convention on the Rights of Persons with Disabilities regarding equality and nondiscrimination. To put that another way: this law says it's okay in our migration programs to discriminate against people with a disability. I'm sorry—what? Why is it okay to discriminate on the basis of disability in this law when we say in our other domestic laws, as we should, that it's not acceptable to discriminate on the basis of disability?

I might add that this is not the first time this issue has been raised. In 2019 the Labor chaired Joint Standing Committee on Migration also found that that was an unacceptable form of discrimination. I believe even the Labor Party in its party policy calls out this inequitable and unethical discrimination against people with a disability. We have bills where we could fix this, which I hope is an anomaly, but looks more and more like a deliberate decision to discriminate against people with disabilities. We are yet to see a proposed change to rule out that permissible discrimination. That is not beyond fixing, and it certainly should be fixed.

The exemption that is provided in the Migration Act and the regulations from the Disability Discrimination Act harks back to the old days when people with a disability were considered burdens on society and second-class citizens to be segregated, warehoused and institutionalised away from families and communities. When most people living in Australia are rightfully protected by our disability discrimination laws, migrants in Australia or people wishing to migrate can be told to leave or denied entry if they or their child is disabled and deemed by the government to be a burden on the taxpayer. This is regardless of and pays no heed to what the disabled person or their family member could or does actually contribute to this nation.