The Times Australia
The Times World News

.

Government rushing through bill to crack down on ‘uncooperative’ non-citizens it is trying to remove

  • Written by Michelle Grattan, Professorial Fellow, University of Canberra

The government is seeking to rush legislation through parliament to crack down on non-citizens who refuse to cooperate with attempts to remove them.

The bill, introduced by Immigration Minister Andrew Giles just after noon on Tuesday, also allows a minister to designate a country as a “removal concern country” when it won’t cooperate with the return of its citizens.

This would mean that, apart from certain exceptions, nationals of that country who are outside Australia could not apply for a visa to come here. Exemptions would be for close family members of Australian citizens and permanent residents as well as applications for refugee and humanitarian visas.

Giles said: “This legislation sends a strong signal about the government’s expectations of cooperation with removal efforts, by non-citizens who are on a removal pathway, and by other countries where it is appropriate for them to accept their nationals on removal from Australia”.

The government wants the legislation, which has gone through the House of Representatives, passed by the Senate on Tuesday night, or Wednesday at the latest. Parliament adjourns on Wednesday until the budget on May 14.

The government allowed minimum opportunity for debate in the house. It said there were time factors requiring the legislation to be passed quickly.

The opposition demanded a brief Senate inquiry to be held late on Tuesday so it could question officials. The government agreed to it.

Crossbenchers were outraged at the lack of time to consider the bill.

The government’s action is driven by a looming High Court decision next month that, if it went against the Commonwealth, could prompt the release of another group of people from immigration detention.

The case is about an Iranian citizen who has been in immigration detention for a decade. He has refused to cooperate with efforts to send him back to Iran, saying he fears for his life. Iran won’t take back involuntary removals.

Read more: The government is fighting a new High Court case on immigration detainees. What's it about and what's at stake?[1]

The government believes it is more likely to win this case than an earlier High Court one, when its defeat led to the release of 152 people from immigration detention. But it wants to bolster its defences.

Giles said people who refused to cooperate with their removal would face penalties of a mandatory minimum sentence of one year in jail and a maximum of five years.

Giles told parliament: “Unfortunately, examples of non-cooperation with the government’s removal efforts have been going on for far too long. Against the expectations of the Australian community. And undermining the integrity of our migration laws.”

The measures “will make clear that a non-citizen who is on a removal pathway is expected to voluntarily leave Australia. And must cooperate with steps taken to arrange their lawful removal from Australia.

"The removal pathway direction provides a positive duty on the non‑citizen to cooperate with removal efforts,” Giles said.

An example of the cooperation required from those subject to removal is completing, signing and submitting an application for a passport or other foreign travel document to facilitate their removal.

“When this legislation is enacted, it will make clear that the parliament expects foreign countries to cooperate with Australia to facilitate the lawful removal of their citizens from Australia,” Giles said.

Briefing crossbenchers, Giles named Iran and Iraq as countries which did not take back involuntary returns but indicated there could be a number of others potentially affected by the legislation. Government sources other countries could be Zimbabwe and South Sudan.

He told parliament the legislation would apply to various categories of non-citizens who are on “removal pathways”.

He stressed: “these amendments are targeted at non-citizens who have come to the end of any visa application processes.

"These individuals may be unlawful non-citizens who have exhausted their visa processing options. And who are being held in immigration detention

"Or they may be in the community on a bridging visa that is issued for removal purposes.”

In a range of safeguards in the legislation, the minister may not give a direction

  • “if the non-citizen has applied for a protection visa and the application is not yet finally determined

  • to take an action in relation to a country from which the individual is owed protection

  • directly to children under 18 (but can make a direction to that child’s parents to take certain actions)

  • to take actions related to making or withdrawing an Australian visa application, or in regards to court or tribunal proceedings.”

Greens senator David Shoebridge accused Labor of “trying to outflank the Coalition to the right by coming up with new and novel ways to be cruel particularly to refugees and asylum seekers”.

The opposition spokesman on home affairs, James Paterson, said: “It feels like groundhog day. Another day, another rushed, patch up job from a panicked government when it comes to border protection, national security and community safety.

"This is now the fourth piece of legislation that the Albanese government has dropped on the opposition and the crossbench in the parliament and asked us to pass in as little as 36 hours to deal with the rolling crisis of immigration detention.”

Read more https://theconversation.com/government-rushing-through-bill-to-crack-down-on-uncooperative-non-citizens-it-is-trying-to-remove-226615

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

The Role of Your GP in Creating a Chronic Disease Management Plan That Works

Living with a long-term condition, whether that is diabetes, asthma, arthritis or heart disease, means making hundreds of small decisions every day. You plan your diet against m...

Troubleshooting Flickering Lights: A Comprehensive Guide for Homeowners

Image by rawpixel.com on Freepik Effectively addressing flickering lights in your home is more than just a matter of convenience; it's a pivotal aspect of both home safety and en...

My shins hurt after running. Could it be shin splints?

If you’ve started running for the first time, started again after a break, or your workout is more intense, you might have felt it. A dull, nagging ache down your shins after...

Metal Roof Replacement Cost Per Square Metre in 2025: A Comprehensive Guide for Australian Homeowners

In recent years, the trend of installing metal roofs has surged across Australia. With their reputation for being both robust and visually appealing, it's easy to understand thei...

Why You’re Always Adjusting Your Bra — and What to Do Instead

Image by freepik It starts with a gentle tug, then a subtle shift, and before you know it, you're adjusting your bra again — in the middle of work, at dinner, even on the couch. I...

How to Tell If Your Eyes Are Working Harder Than They Should Be

Image by freepik Most of us take our vision for granted—until it starts to let us down. Whether it's squinting at your phone, rubbing your eyes at the end of the day, or feeling ...