Home Australia Anthony Albanese’s big headache: Trump-style deportation plan suffers major blow as Labor senators turn on law

Anthony Albanese’s big headache: Trump-style deportation plan suffers major blow as Labor senators turn on law

by Elijah
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Immigration Minister Andrew Giles and Home Affairs Minister Clare O'Neil have faced significant scrutiny since trying to push through the bill.

A committee featuring a trio of Labor senators has condemned the rush to pass Prime Minister Anthony Albanese’s “Trump-style” immigration legislation.

The Senate Committee examining the bills has three Labor senators (Vice President Raff Ciccone, Tony Sheldon and Jess Walsh) along with two Liberal senators and one Green senator.

The group quietly tabled a report on Wednesday criticizing Labour’s proposed immigration amendment, which could prevent citizens from up to five countries from traveling to Australia, even as tourists.

But even the majority Labor committee warned: “It is not clear why such power is necessary.”

Senators have now demanded that Immigration Minister Andrew Giles explain the reasons for the legislation.

Among the group’s main concerns was the haste with which Labor hoped to push the bill through Parliament during the final week of sitting.

Immigration Minister Andrew Giles and Home Affairs Minister Clare O'Neil have faced significant scrutiny since attempting to push through the bill.

Immigration Minister Andrew Giles and Home Affairs Minister Clare O’Neil have faced significant scrutiny since attempting to push through the bill.

1712027557 740 Anthony Albaneses big headache Trump style deportation plan suffers major blow

1712027557 740 Anthony Albaneses big headache Trump style deportation plan suffers major blow

Anthony Albanese’s bill has been compared to “Trump travel bans”

“Truncated parliamentary processes, by their nature, limit parliamentary scrutiny and debate,” the report warns.

“This is especially worrying in relation to bills that may seriously affect personal rights and freedoms.”

Under the proposed legislation, the Immigration Minister has extraordinary powers to ban tourists from a handful of countries that do not cooperate with Australia when their citizens are deported against their will.

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The committee said they had “increased concerns” about the minister’s powers to remove legal non-citizens who have been granted visas in Australia.

The report found that these people could be left without “certainty or clarity about when a visa may be subject to a removal direction.”

Labor had hoped to get the legislation through both houses last week but ran into trouble when it became clear the Coalition would side with the Greens to delay it and subject it to closer scrutiny.

He will now undergo a Senate investigation with the expectation that he will return to the Senate the same week the Budget is adopted.

The committee’s report described the potential new laws as “clearly an important and rights-affecting issue” and noted that “it is not clear why such power is necessary.”

‘The committee notes that there have recently been a number of significant changes to the legislative framework for migration, and each of these cases has been quickly proposed and approved by Parliament outside the normal processes.

“These rapid changes prevent certainty in the law, which is worrying considering that the changes to this bill, as discussed in this post, may have a significant impact on the rights and freedoms of those affected.”

Anthony Albaneses big headache Trump style deportation plan suffers major blow

Anthony Albaneses big headache Trump style deportation plan suffers major blow

A trio of Labor senators sat on a committee that condemned the rush to pass “Trump-style” immigration legislation. Pictured: Jess Walsh

In the photo: Raff Ciccone.

In the photo: Raff Ciccone.

In the photo: Tony Sheldon.

In the photo: Tony Sheldon.

The Senate Committee tasked with examining the bills is made up of three Labor senators (Vice President Raff Ciccone, Tony Sheldon and Jess Walsh), as well as two Liberal senators and one Green senator.

The committee said that “legislation that may infringe upon personal rights and freedoms should be subject to a high level of parliamentary scrutiny.”

Mr Giles has been asked to “respond to the committee’s concerns”.

Countries that could be blacklisted if these laws are passed include Iran, Iraq, Russia, South Sudan and Zimbabwe.

These countries do not accept citizens who have been deported from Australia and the government hopes a travel ban will force them to back down.

The proposed travel ban comes as the government prepares for a High Court case on April 17, known as ASF17, which could further reignite controversy over its handling of immigration.

The government spent weeks under fire after the High Court decision in the NZYQ case last November freed 149 detainees, including criminals.

The applicant in this new case is an Iranian who refuses to cooperate with his deportation because he fears he will face the death penalty if he returns to Iran for being bisexual.

As things stand, there are up to 200 people in immigration detention who are in similar circumstances, and the government fears the High Court could order their release before Parliament approves the rule change.

Human rights lawyers have described it as “the pure definition of discrimination” and “Trumpian”, while others have questioned whether Labor would ever have supported the Coalition if the roles had been reversed.

Your questions about the ‘Trump-style travel ban,’ explained

How would the new ‘tourism ban’ work?

The proposed ‘tourism ban’ will only apply to nations that do not accept involuntary deportations.

The government hopes that the mere threat of banning entry to Australia will be enough to encourage cooperation between these nations.

Officials hope the law will give them leverage over countries, so Australia can deport citizens who have no genuine right to enter Australia.

A case in point is the case that will come before the High Court next month.

An Iranian man refuses to cooperate with efforts to deport him because he is bisexual and could face the death penalty if he returns home.

Iran does not accept the return of citizens without their consent.

Which Donald Trump travel ban are the laws compared to?

In 2017, then-US President Donald Trump introduced a travel ban barring most citizens of Iran, Syria, Yemen, Libya and Somalia from entering the United States. He later added North Korea and Venezuela to the list.

President Joe Biden repealed the ban when he took office.

If re-elected, Trump has promised to restore it and expand it to include the people of Gaza.

Why will the Albanian government’s new laws take time to be approved by parliament?

Labor was reliant on Coalition support to ensure this bill passed parliament this week.

The Greens oppose tougher detention policies and immediately expressed their disdain for the bill. House deputies also voted against. Human rights groups have also denounced the proposal as inhumane.

While the Coalition does not necessarily oppose the content of the bill, they have argued that they did not have enough time to examine the proposal, given that they were only informed on Tuesday morning during an already shortened week of parliamentary sittings.

Opposition home affairs spokesman James Paterson said his party acted in “good faith” on Tuesday in passing the bill through the House for further consideration during a hastily arranged Senate hearing, but asserted the Wednesday that his questions were not answered adequately.

The party has now teamed up with the Greens to force the bill to go before a Senate inquiry, meaning there is no possible way it can be passed by Parliament on Wednesday, as Labor had hoped.

The Coalition has left the door open to returning to Parliament during the recess to debate the issue, but only if Labor demonstrates there is a genuine and urgent need for the laws.

Labor has tried to argue that the legislation is simply about closing a newly identified loophole, and has made no attempt to link this bill to the High Court case that took place on April 17.

For the bill to be passed before that case, the Coalition can hope to admit that the two issues are related.

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