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

I move:

That this bill be now read a second time.

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

Leave granted.

The speech read as follows—

This Private Senator's Bill is one of a number of Migration Act Amendment Bills which I have tabled over the past six months. This Bill seeks to remove the unfair provision which was introduced by the Migration Legislation Amendment (No.l) Act 2001 which restricted access to the courts for judicial review of migration decisions.

It did this by specifically preventing class actions in migration matters before the Federal and High Courts by changing the requirements for standing in the Federal Court and by introducing time limits for original applications to the High Court in migration matters.

In my view, this change to the Act produced an outcome that is unjust, unfair and unnecessary. It was widely criticised by a range of community groups during the inquiry process of the bill by the Legal and Constitutional Committee.

I believe that the legislation was part of a broader political agenda which unfairly stigmatised people who were simply aiming to pursue their basic legal rights. I reject as entirely baseless the proposition on which the legislation was based, which inferred that anyone aiming to pursue their basic legal rights were doing so with the explicit intention of somehow rorting the system.

The Democrats are always willing to support fair measures which reduce misuse of the immigration and refugee determination systems or reduce unnecessary legal delays and costs. However, the Migration Legislation Amendment (No.1) Act of 2001 has not achieved either of these aims. More importantly, it is an unjust and unnecessary law. It is for this reason that I am seeking to repeal the 2001 amendment to the Migration Act. I commend this bill to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.