Migration Amendment (Removal and Other Measures) Bill 2024
The Migration Amendment (Removal and Other Measures) Bill 2024 aims to amend the Migration Act 1958 concerning the removal of unlawful non-citizens and certain non-citizens holding bridging visas, including the Subclass 070 (Bridging (Removal Pending)) visa. This legislation focuses on individuals who are on a removal pathway and have exhausted all avenues to remain in Australia.
What are the Key Provisions of the Bill?
Cooperation Requirement: Non-citizens on a removal pathway must cooperate in efforts to ensure their prompt and lawful removal from Australia.
Ministerial Powers: The Bill grants the Minister the authority to direct certain non-citizens to cooperate with removal efforts. This includes specifying actions necessary to facilitate their removal or to assess whether their removal is practicable in the near future.
Safeguards: The Bill includes safeguards regarding the exercise of the Minister's power to ensure that directions are appropriate and justifiable.
Criminal Offense for Non-Compliance: Failing to comply with a direction without a reasonable excuse will constitute a criminal offense, carrying a mandatory minimum sentence of 12 months’ imprisonment and a maximum of five years’ imprisonment or 300 penalty units, or both.
Designation of Removal Concern Countries: The Bill allows the Minister to designate a country as a "removal concern country" by legislative instrument if deemed in the national interest.
Additional Amendments: The Bill also incorporates minor and technical amendments to the Migration Act to improve its functionality and effectiveness.
The Bill was debated in the Senate on November 28, 2024, where amendments were made. The House of Representatives agreed to these amendments, and the Bill passed both Houses on November 29, 2024. Most provisions of the Bill will commence the day after it receives Royal Assent.
How Can Agape Henry Crux Help
If you seek professional visa guidance, our Accredited Specialist Immigration Lawyer(s) and our immigration lawyers and migration agents at Agape Henry Crux specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.