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Title

Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012

Database

Explanatory Memoranda

Date

13-09-2012 10:13 AM

Source

House of Reps

System Id

legislation/ems/r4798_ems_f181fd38-5a8c-48c1-82de-6779b9672aef


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Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012

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ATTACHMENT A

 

Text Box: Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012 This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Bill This Bill makes amendments to the Migration Act 1958 at subsection 5(1) and sections 70 and 71, consequential to the introduction of the Migration (Visa Evidence) Charge Bill 2012. The amendments will create a framework of authority and control on the imposition of a charge for the provision of visa evidence. Human rights implications The Department of Immigration and Citizenship (DIAC) has considered the seven key international treaties. DIAC notes that the amendment may have some differential impact on citizens of certain countries who are required to show evidence of a visa in order to meet their own country’s exit requirements. Any such differential treatment is the result of the application of their country’s laws regarding migration and does not constitute unlawful discrimination by Australia under Article 26 of the International Covenant on Civil and Political Rights (ICCPR). Further that impact will be mostly, if not wholly, on persons outside Australia’s jurisdiction, to whom Australia does not owe obligations under the ICCPR. Conclusion This Bill is compatible with human rights. The Hon. Chris Bowen, Minister for Immigration and Citizenship