Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Migration (Climate Refugees) Amendment Bill 2007

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

2004-2005-2006-2007

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

THE SENATE

 

 

 

 

 

MIGRATION (CLIMATE REFUGEES) AMENDMENT BILL 2007

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

(Circulated by Senator Kerry Nettle for the Australian Greens)

 



 

MIGRATION (CLIMATE REFUGEES) AMENDMENT BILL 2007

 

EXPLANATORY MEMORANDUM

 

 

GENERAL OUTLINE

 

This bill creates a new visa category to enable a formal mechanism for the Australian government to recognise and accept people displaced by environmental disasters due to climate change. 

 

The bill gives the Minister the power to designate what events qualify as an environmental disaster and how many climate refugees Australia will accept to help resettle people displaced by such a disaster.

 

FINANCIAL IMPACT

 

The Bill will have a financial impact. Additional resources would be required by the Department of Immigration and Citizenship to administer the visa class and resettle people under this visa class.

 

NOTES ON CLAUSES

 

Clause 1 - Short title

 

This clause provides for the Bill to be cited as the Migration (Climate Refugees) Amendment Bill 2007

2   Commencement

 

This clause provides that the Bill will commence on the day on which the Bill receives the Royal Assent.

3   Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4   Interpretation

This clause provides a definition of a climate change-induced environmental disaster .



 

Schedule 1 Amendment of the Migration Act 1958

1  After section 36

36A   Climate change refugee visas

            (1)        Names the new visa class.

(2)        This clause sets the criteria for being eligible for the visa as restricted to those who have been displaced by an environmental disaster caused or related to climate change.

(3)        This clause compels the Minister to decide whether or not a situation should be classified as an environmental disaster caused or related to climate change and whether the people displaced by the disaster are eligible to apply under this visa class.

(4)        This clause sets a three week time limit on the Minister making a decision about a climate change induced environmental disaster after receiving a climate refugee visa application. 

(5)        This clause sets out criteria which the Minister can give consideration to in making such a decision.

(6)        This clause restricts such a decision to being made by the Minister only, not a delegate of the Minister.

(7)        This clause allows the Minister to set a limit on the number of climate refugees Australia will accept from a declaration.

(8)        This clause allows the Minister to make regulations setting out criteria by which an applicant will be assessed for a climate change refugee visa.