Australian Immigration Daily News

Overview of the bill

The bill amends the Migration Act 1958 to improve Australia’s compliance with human rights obligations related to its immigration detention regime.

Australia’s immigration detention regime requires that any non-citizen who is in the country without a valid visa must be detained and may only be released from detention if they are granted a visa or removed from the country. This bill does two things. Firstly, it will introduce a 90-day limit on immigration detention, which can only be extended if the Minister decides that, having regard to principles of international law, an extended period of detention is necessary as a last resort, reasonable, and proportionate. This bill provides that any extension of detention by the Minister is reviewable by the Administrative Appeals Tribunal (AAT).

Secondly, this bill includes a prohibition of the detention of minors, in accordance with human rights obligations.

Source:

Migration-Amendment-Limits-on-Immigration-Detention-Bill-2023.pdf and 

Migration-Amendment-Limits-on-Immigration-Detention-Bill-2023-EXPLANATORY-MEMORANDUM.pdf