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In April 2024, The Salvation Army provided a submission to the Senate Legal and Constitutional Affairs Committee, responding to the Migration Amendment (Removal and Other Measures) Bill 2024 (the Bill).

The Bill proposed sweeping changes which would impact the fair and compassionate treatment of persons seeking protection in Australia. The Bill permits a broad expansion of Ministerial powers which will see excessive criminalisation of refugees and asylum seekers and make processes which are already protracted, punitive and lack transparency, more challenging to navigate.

The Salvation Army’s submission drew on Australia’s international obligations to discuss the risks of the Bill, and our frontline experience supporting refugees and asylum seekers in Victoria to examine the likely detrimental impact it will have on people seeking protection.

The submission focused on the following critical points:

• Risk of refoulement for asylum seekers who may be forced to cooperate and facilitate their own deportation despite their need for genuine protection. Of particular concern are asylum seekers who have not been provided fair assessment through the Fast Track process. We recommended the Migration Amendment Bill not be passed.
• The expanded Ministerial powers under the Bill are discriminatory and punitive in nature, permitting blanket travel bans and visa prohibitions for ‘removal concern countries.’ We recommended that government work to address systemic, legislative discrimination by taking a strengths-based, multicultural approach to reform.
• Enforcing significant criminal penalties for non-cooperation with deportation directions regardless of whether these are intentional or not, will likely have unintended consequences. It will result in undue criminalisation of refugees and asylum seekers. We recommended that government commit to legislative reform which is equitable and non-criminalising.
• Experiences of trauma and disadvantage will likely be compounded and exacerbated under the Bill as it permits the separation of children and families and increases fear and uncertainty amongst persons seeking protection who fear being removed. We recommended that government commit to shaping reform which is compassionate, proportionate and trauma informed, in consultation with individuals and communities who have lived experience.

At the heart of our submission was the need to ensure legislation and government processes for persons seeking protection, are supportive and work to minimise ongoing experiences of trauma and hardship.

• Learn more about the Inquiry
• Read The Salvation Army submission