Migration Amendment (Designated Unauthorised Arrivals) Bill 2006

Minister Vanstone announced on the 13th of April 2006 that the Government would introduce tougher processing arrangements for people arriving in Australia by boat and claiming protection visas. This was in response to the arrival of 44 West Papuan refugees who claimed asylum, and were granted protection visas, creating diplomatic tensions with Indonesia.

The Bill has been introduced to Parliament to bring into effect an offshore processing regime for all "unauthorized arrivals" to Australia. This greatly extends the previous offshore processing arrangements for "offshore entry persons" who first arrive in Australia at an "excised offshore place" - commonly referred to as the "Pacific Solution". Under this arrangement, applications for refugee status are processed by the UNHCR in Nauru, and if granted refugee status, the applicants may be relocated in countries other than Australia.

The stated reason for the legislation is the "incongruous" effect of someone who arrives at an "excised offshore place", which might be an island several kilometers from the Australian mainland, who will be processed offshore and relocated outside Australia, versus someone who arrives on the mainland and whose application will be processed onshore and may receive permanent resident status in Australia. We note that this incongruous situation has been created by the Australian Government's bizarre and unprecedented measures to "excise" parts of Australia from the Migration Zone to discourage people claiming refugee status in Australia.

Designated Unauthorised Arrivals - Definition

• At an "excised offshore place" (by any means); or
• By sea anywhere else in Australia, after the 13th of April 2006

• Where a ship is detained offshore and the person is brought to Australia by air; or
• Where the person has been rescued at sea and brought to Australia

• NZ citizens: who would normally be granted a special category visa on arrival in Australia
• Norfolk Islanders: generally they would be a Norfolk Island residence visa on arrival
• People brought to Australia by Australian Customs

The term "unauthorized arrival" replaces the use of "offshore entry person" in the Migration Act.

Effect of Unauthorised Arrival

The Bill has effect retrospectively - accordingly, if an "unauthorized arrival" has lodged onshore for a visa and processing has not been completed by the time the Bill comes into effect, their application will be considered invalid and processing will cease. In particular, this will affect:

• People arriving at an "excised offshore place"; and
• People arriving unauthorized by sea on or after the 13th of April 2006 anywhere in Australia