The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of amendments made to the Migration Act in 2021, relating to protection visas and international law.
Schedule 1 of the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (CIOR Act) amended the Migration Act 1958 (Migration Act) to clarify that the Migration Act does not authorise the removal of a person who is found to attract Australia’s protection obligations under international law; and to require that Australia’s protection obligations be considered before a decision is made to grant or refuse a protection visa.
The amendments followed two Federal Court decisions that altered the intended effect of the relevant provisions in the Migration Act, finding that they effectively overrode Australia’s international obligations not to return a person to a country where they face persecution or a real risk of significant harm (known as ‘non-refoulement’ obligations).
The PJCIS is required by law to review the operation, effectiveness and implications of the amendments made by the CIOR Act, two years after their commencement.
Additional information on the Committee’s review may be found here.
The Committee requests submissions to this review by Friday, 23 June 2023. Submissions should be prepared solely for this inquiry and should not be published prior to being accepted by the Committee.
Further information about making a submission to a committee inquiry can be found at this link.
