Hundreds of unlawful non-citizens face jail if they refuse to cooperate in deportation from Australia

The high court in Canberra

Hundreds of immigration detainees and unlawful non-citizens are being threatened with a minimum of one year in prison if they refuse to cooperate with efforts to deport them, under an urgent Labor bill to be introduced on Tuesday.

The bill requires non-citizens “to cooperate in efforts to ensure their prompt and lawful removal”, creating criminal penalties that could apply to a class of asylum seekers that includes two plaintiffs before the high court challenging the legality of the detention of people who refuse to cooperate with deportation.

On Tuesday the immigration minister, Andrew Giles, introduced the Migration Amendment (removals and other measures) bill, which gives him the power to direct a non-citizen who is due to be deported “to do specified things necessary to facilitate their removal”.

Failure to comply with a direction without a reasonable excuse will be a criminal offence carrying a mandatory minimum of 12 months in prison, a maximum of five years, a $93,900 fine, or both imprisonment and a fine.

The government moved to limit debate to pass the bill in the House of Representatives by question time on Tuesday, a move blasted by the Greens and crossbench.

Giles told the House of Representatives those in scope for orders to facilitate deportation include “unlawful non citizens, people without any visa including those in immigration detention, bridging removal pending visa holders”, and those who hold a general bridging visa to make “acceptable arrangements to depart Australia”.

Earlier, briefings to the opposition, Greens, and crossbench indicated the bill will affect hundreds of people including 130 in immigration detention, and more in the community, although the crossbench was told “less than 1,000” in total.

The bill requires “non-citizens who are on a removal pathway and have exhausted all avenues to remain in Australia to cooperate in efforts to ensure their prompt and lawful removal”.

“The amendments in the bill are necessary to address circumstances where non-citizens who have no valid reason to remain in Australia and who have not left voluntarily as expected, are not cooperating with appropriate and lawful efforts to remove them,” the bill’s explanatory memorandum says.

The bill contains some safeguards, including that the minister must not give a direction if the non-citizen has applied for a protection visa.

Leave a Reply