In November 2024, the Australian Parliament passed new laws impacting refugees and migrants. Here is an explanation of the new laws and how they might impact you.

These laws are most likely to impact:

• People in immigration detention
• People on Bridging R visas
• People on Bridging E visas
  granted on ‘departure grounds’.

These laws are unfair. They punish people based on visa status and they will separate families and harm our communities. It is important to find out how they work, and to make sure you get advice and help right away if you think you might be impacted.

Translations of this explainer in Tamil and Persian can be found here.

1. REMOVAL DIRECTIONS

What are removal directions?

A ‘removal direction’ is a written instruction asking a person to do something that will help the Department of Home Affairs to remove them from Australia. The new laws allow the Minister (or his delegates) to issue removal directions to certain people in the community. A removal direction must be given in writing. A removal direction could be an instruction to do something like apply for a passport, complete and submit a form, provide information, attend an appointment or interview, or communicate with an embassy.

Who might receive a removal direction?

A removal direction can be given to
anyone who:
is in detention;
holds a Bridging R visa; or
holds a Bridging E visa on
‘departure grounds’

(i.e. that was granted because the person is making arrangements to depart Australia). These are usually granted to people who have sought Ministerial Intervention more than once, or people who do not have any other migration cases or applications ongoing.

A removal direction can still be given even if it is very difficult or impossible for someone to comply. It does not matter whether someone has lived in Australia for a long time, or if they have family or
other connections to Australia.

A removal direction cannot be given to children, but it can be given to parents or guardians.

What happens if I do not comply?

It is a criminal offence not to comply with a removal direction. There is a mandatory minimum sentence of 12 months imprisonment, and a maximum sentence of 5 years imprisonment.

It is a defence if the person has a reasonable excuse for not complying with the direction. But a reasonable excuse does not include fear of persecution or other negative consequences if removed from Australia.

What should I do?

Make sure your contact details are always up to date with the Department of Home Affairs. It is important you do not miss any letters or emails.

If you receive a removal direction,
contact a migration lawyer immediately.

2. REVISITING PROTECTION FINDINGS

The new laws expand the Minister’s (and his delegates) power to revisit protection findings for some people in the community.

What is a protection finding?

A ‘protection finding’ is a conclusion
made during the assessment of a Protection visa application, that a  person is owed protection under the Migration Act.

It means the government accepts that person would face a risk of harm in their country of origin.

If a person has a protection finding, they cannot be deported to the country to which the protection finding relates, even if they do not have a visa.

A person may have a protection finding even if they don’t have a Protection visa. For example, their visa might have been refused or cancelled on ‘character’ grounds’.

Who might have their protection finding reviewed?

The Minister already has the power to reverse the protection findings of people in the community who do not hold a visa, and people in immigration detention, if the Minister no longer thinks the person faces a risk of harm.

Now, the Minister will have the power to
reverse the protection findings made for
people in the community who:
hold a Bridging R visa; or
hold a Bridging E visa that has been
granted on removal grounds.

What should I do?

There is a chance that your protection finding could be reviewed without any notice to you. If your protection finding is reversed, you will be notified in writing of the outcome. It is possible to seek review of this decision. If you are notified about this, you should contact a migration lawyer immediately.

3. THIRD COUNTRY ARRANGEMENTS

The new laws allow the Australian Government to deport people to third countries that are not their country of origin. It means the Government can pay
other countries to accept people being deported from Australia.

Who could be deported to a third country?

This power only applies to people who the
Department is already seeking to deport. It does not create any new deportation power – it just gives the Department more options for where to send people.

Anyone who is in detention and due for
removal from Australia could be sent to a
third country. People on Bridging R visas
can also be sent to a third country.

If a person is accepted by a third country, their Bridging R visa will automatically cease and they will be taken back into detention. These powers will most likely be used against people who are owed protection or are stateless, and so cannot be returned to their country of origin.

What are the third countries?

The Australian Government could make an agreement with any other country in the world. So far, they have made an agreement with Nauru. The Australian Government has already tried to deport three people to Nauru. Those deportations are on hold while legal cases continue.

What should I do?
If you are notified that your Bridging R Visa has ceased, or you are notified that you are being removed from Australia, you should contact a migration lawyer and any other advocates or support networks immediately. You may have very
little time to take legal action.

4. TRAVEL BANS

The new laws allow the Minister to impose travel bans on particular countries, to prevent almost anyone from those countries from getting a visa to travel to Australia. There are some limited exceptions for immediate family members of Australian citizens and permanent residents. No travel bans have been introduced yet, but this could happen in the future.

5. BANNING ITEMS IN IMMIGRATION DETENTION

The new laws will give the Minister broad
powers to ban everyday items in immigration detention, including mobile
phones, and allow detention officers to
search for and confiscate banned items.
But items cannot be taken from a person
in immigration detention if it would interfere with their right to political
communication. These powers have not
been used to ban any items yet.

WHAT CAN I DO TO PREPARE MYSELF FOR ALL OF THESE NEW LAWS?

You can take steps to find out if you might be impacted by these laws, and get help if you are. You can either take the steps on the following pages, or if you don’t feel comfortable doing that, then contact one of the free legal services.

1 – CHECK YOUR LAST VISA GRANT

If you have your last visa grant, check it to see if you hold a Bridging R visa or a Bridging E visa on ‘departure grounds.’

2- CHECK YOUR VISA STATUS ONLINE

If you are not sure of your visa status, you can check it online by logging into the Visa Entitlement Verification Online (VEVO) service

3 – KEEP YOUR EMAIL ADDRESS UP TO DATE WITH THE DEPARTMENT

You should ensure that your email address is up to date
with the Department, and check your email (including junk folder) every day, in case you receive any updates.

4 -CONTACT A MIGRATION LAWYER

If you need help with any of the above steps, or you are worried that you are affected by the laws, you can make an appointment to speak with a lawyer.

In Victoria;

ASRC Footscray
(Monday, Tuesday, Thursday,
Friday – 10am-4pm)
214-218 Nicholson Street
FOOTSCRAY
(03) 9326 6066

ASRC Dandenong
Monday to Friday –
10am-5pm
205 Thomas Street
DANDENONG
(03) 8772 1380

In Victoria, South Australia or
the Northern Territory;

Refugee Legal

Level 5, 333 Exhibition Street
MELBOURNE
Monday-Friday – 9am-5pm
(03) 9413 0101

In New South Wales and the
Australian Capital Territory;

RACS

Monday-Friday –
10am-1pm and 2pm-4pm
(02) 8355 7227