Immigration detainees and unlawful non-citizens in Australia may face a minimum of one year in prison if they refuse to cooperate with efforts to deport them under an urgent Labor bill, which will be introduced on Tuesday.
The bill requires non-citizens “to cooperate in efforts to ensure their prompt and lawful removal.” It has created criminal penalties that could apply to a class of detainees. Two plaintiffs are before the high court challenging the bill’s legality.
An Iranian who says he fears for his life if deported to his country because he is bisexual has sued the commonwealth. His case is scheduled to be heard in April. It could result in over 170 people being released from detention.
The government will introduce the Migration Amendment bill on Tuesday.
The bill gives the immigration minister the authority to direct a non-citizen who is due to be deported “to do specified things necessary to facilitate their removal”.
Failure to comply without a reasonable excuse will be a criminal offence. If found guilty, the accused will be sentenced to a minimum of 12 months in prison, a maximum of five years, a $93.900 fine, or both imprisonment and a fine.
However, the bill contains some safeguards. One is that the minister must not give a direction if the non-citizen has applied for a protection visa.
