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Migration Amendment (Protecting Babies Born in Australia) Bill 2014

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2013-2014

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

THE SENATE

 

 

 

 

 

 

Migration Amendment (Protecting Babies Born in Australia) Bill 2014

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

(Circulated by authority of Senator Hanson-Young)

 

 

 

 

 



 

Migration Amendment (Protecting Babies Born in Australia) Bill 2014

 

Outline

The Bill amends the Migration Act 1958 (The Act) to ensure that a child who is born in Australia is not classified to have ‘entered Australia by sea’ and is therefore not an ‘unauthorised maritime arrival’ subject to transfer to Australia’s offshore detention centres.

 

NOTES ON CLAUSES

Clause 1 - Short Title

1.       This is a formal provision specifying the short title.

Clause 2 - Commencement

2.       The Bill's provisions are to commence the day after it receives the Royal Assent.

Clause 3 - Schedules

3.       This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms.

Schedule 1 - Migration Act 1958

Items 1 and 2 Paragraph 5AA(2)(a)

Item 1 repeals paragraph 5AA(2)(a) which defines a person who is considered not to have entered Australia by sea. Explicitly it states that a person will not have entered Australia by sea if they arrived in the migration zone on an aircraft.

In place of the repealed paragraph it substitutes a new paragraph which explicitly states that a person will have been deemed not to have entered Australia by sea if they entered the migration zone and landed in an aircraft or if the person was born in the migration zone.



 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Migration Amendment (Protecting Babies Born in Australia) Bill 2014

 

 

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

 

The Bill amends the Migration Act 1958 (The Act) to ensure that a child that is born in Australia is not classified to have ‘entered Australia by sea’ and is therefore not an ‘unauthorised maritime arrival’ subject to transfer to Australia’s offshore detention centres.

 

Human rights implications

 

This Bill does not negatively engage any of the applicable rights or freedoms. This Bill positively engages with the following applicable rights or freedoms:

 

CRC Article 37

 

The Bill ensures that no child born in Australia to asylum seeker parents is deprived of his or her liberty unlawfully or arbitrarily. Currently children are detained in Australia’s immigration detention centres for an indefinite period of time. This Bill ensures that babies born in detention are not deported to Australia’s offshore detention centres and detained arbitrarily.

 

ICCPR Article 26

 

This Bill ensures that children born in Australia to asylum seeker parents are not subjected to arbitrary arrest or detention. This Bill seeks to remove the government’s ability to deport and detain new born babies in Australia’s offshore detention centres which raises the issue of the above right.

 

 

Conclusion

 

This Bill is compatible with human rights as it does not raise any negative human rights issues.

 

Senator Hanson-Young