Gordon Reid (Robertson, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's report entitled Review of the Migration Amendment (Clarifying International Obligations for Removal) Act 2021.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—This review was conducted under paragraph 29 of the Intelligence Services Act 2001, which required the committee to commence a review of the operation, effectiveness and implications of the act within two years of its commencement in May 2021. The legislation amended provisions of the Migration Act relating to protection visas. The amendment aimed to clarify that the Migration Act does not authorise the involuntary removal of a noncitizen to a country where a protection finding has been made in relation to the noncitizen with respect to that country. The amendments also require the minister, in considering a protection visa application, to consider and make a record of whether Australia has any protection obligations in relation to the person.

The committee commenced its review in May 2023 and received 10 submissions from government and civil society stakeholders. This initial review lapsed at the dissolution of the 47th Parliament and the committee reinitiated the review in the current parliament, in November 2025.

Earlier this year the committee received a detailed update from the Department of Home Affairs on its use of the provisions. On review of this information and the information previously provided, the committee was satisfied that the amendments have achieved their purpose of ensuring that the Migration Act is consistent with Australia's non-refoulement obligations.

The committee observes that the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 is not national security legislation. The committee therefore considers that it would have been more appropriately reviewed by a parliamentary committee with direct responsibility and experience relating to the Migration Act and international human rights obligations. The committee has therefore made one recommendation—that, in future, any review of these provisions or any related matters be referred to a parliamentary committee with a relevant mandate in relation to immigration issues.

I want to briefly thank the committee, the committee chair and deputy chair, the secretariat and all of the staff for their assistance throughout the committee's deliberations. I commend the report to the House.