Submission on Migration Amendment Bill 2019
FECCA’s submission on the Migration Amendment (Strengthening the Character Test) Bill 2019 raises significant concerns about its potential to undermine justice and human rights. FECCA criticises its expansive ministerial powers to cancel visas on character grounds without adequate judicial oversight or due process. The submission emphasises that these amendments could disproportionately harm vulnerable populations, including refugees and long-term residents, by enabling deportation to countries where individuals may have no ties or face persecution. It also highlights the risk of unjust outcomes, such as separating families and disproportionately affecting women who may be victims of domestic violence under the proposed “aiding and abetting” provisions.
FECCA argues that the bill lacks justification and undermines established legal processes by allowing visa cancellations for minor offenses based on potential maximum penalties rather than actual sentences. Expressing concern about the retrospective application of these provisions and the reliance on vague “community expectations” to justify the amendments. FECCA recommends that visa cancellations be reserved for only the most serious crimes as judged by courts and calls for improved access to justice, including legal representation and transparent review processes, to protect the rights of affected individuals and maintain public trust in migration policy.
