What the changes to the Migration Act seem to mean in practice

The changes to the Migration Act following the Palmer Inquiry have one thing in common. The changes are all at the Minister’s discretion and there is no guarantee the Minister will act in the same way in the future. Prime Minister John Howard has solved his political problem without making any substantial changes to mandatory detention policy.

1. Children, with their parents, have been allowed out of detention with their families and are still subject to reporting and other restrictions. Conditions are at the Minister’s discretion.
2. Some detainees have been allowed to apply for Removal Pending Bridging Visas and have been let out with work rights until such time as their cases are finally decided and they are deported or given a visa.
3. Those who have been allowed to apply for permanent visas after three years on temporary visas will now have their appeals attended to within three months. This three month period only begins after the three years, so there is no change to the three year temporary visas. Currently anyone out after 27 August 2004 is not allowed to apply for permanent visas anyway, so they are still condemned to indefinite temporary visas beyond the 3 years or to deportation.
4. The Ombudsman will review cases of those in detention over two years and will make recommendations and report to the Minister and such reports must be tabled in parliament. These recommendations do not in any way bind the Minister. There can be no appeal regarding the Ombudsman or the Minister’s responses.
5. Appeals and reviews will be processed within three months, except where there are matters outside the RRT and DIMIA’s control- such as security and ID checks.
6. The Government has established a high level Immigration IDC chaired by the Secretary of PM&C to oversee the implementation of all changes. Other agencies involved will include the DIMIA, the Attorney-General’s Department, DFAT, ASIO and the Department of Family and Community Services. The Minister for Immigration and the Chairman of the IDC will meet regularly with interested members of the Government to discuss progress on implementation of the changes.

(Source: Refugee Action Committee, Canberra)