Read our submission here.

Women’s Legal Services Australia (WLSA) welcomes the opportunity to contribute to the Senate Committee’s inquiry into the Migration Amendment Bill 2024 (the Bill) and Migration Amendment (Bridging Visa Conditions) Regulations 2024 (Regulations).
Many Women’s Legal Services across Australia have migration law practices that are currently funded by the Department of Social Services to provide legal assistance and support services to women on temporary visas or no visa, who are experiencing violence and abuse. These Women’s Legal Services have expertise across the range of legal issues and systemic issues impacting migrant women who are victim-survivors of family violence, including in relation to migration law and family law.
WLSA opposes the Bill and Regulations in their entirety. We are deeply concerned about the impact this Bill will have on victim-survivors of family violence and their children who come from migrant, refugee and asylum-seeking backgrounds. For the reasons outlined in this submission, the Bill exposes people, particularly victim-survivors of family violence and their children, to real risks of serious harm, family separation, undue criminalisation and punitive, discriminatory measures that infringe fundamental human rights, and place people at significant risk of further family violence and gender-based harm.
We are particularly concerned that the Bill will result in:
•the increase of predominantly women victim-survivors of family violence who have been criminalised and have not had the opportunity to have their protection claims adequately assessed prior to being deported to an unknown third country;
•the removal of victim-survivors of family violence to countries where they face a risk of further family violence, gender-based harm without protections, and traumatisation;
•permitting the Australian Government to breach women’s and children’s privacy by collecting and sharing personal information with bodies, including foreign governments, which may place them at greater risk of harm;
•the real risk of family separation and the loss of a child’s ability to form a meaningful relationship with their parent, contrary to the best interests of children;
•expanding the Minister’s already grossly extensive powers to overturn protection findings for removal pathway non-citizens undermining Australia’s non-refoulment obligations and placing women and children at risk;
•introducing a new test to impose curfew and ankle bracelets for bridging visa R (BVR) holders, resulting in invasive monitoring conditions that infringe on liberty and personal dignity;
•immunity for Commonwealth officers regarding civil claims from deporting people offshore, placing significant power in often flawed assessment processes, and removing essential accountability mechanisms.
The Bill dangerously expands Ministerial powers and has broad, serious, and life-long impacts on those affected.
The Bill and Regulations attempt to rush through parts of the widely criticised Migration Amendment (Removal and Other Measures) Bill 2024, which rightfully stalled in the Senate earlier this year due to lack of support. This approach to hurriedly passing complex legislation that significantly impacts peoples’ rights — without adequate scrutiny or consultation — jeopardises our democracy and public confidence in the government’s commitment to transparent governance.
The Bill is inhumane and breaches the rule of law and Australia’s obligations under international law, including the Refugee Convention. The proposed expansion of the Australian Government’s excessively
harsh and severe powers over refugees and asylum seekers with no lawful, demonstrable benefit to the Australian community is discriminatory and enables racism in decision-making by reneging fundamental human rights, that are the bedrock of Australia’s democracy.
Critically, the Bill risks putting people at harm and tearing families apart. If passed, the Bill will have unjust and severe impacts on Australia’s multicultural and diverse society, particularly refugees and people claiming protection who are deported to other countries where they may face serious harm and persecution.
We endorse the submissions of Asylum Seeker Resource Centre, Human Rights Law Centre and Refugee Legal, and share their concerns about the Bill.
Recommendations
•Our strong position is that the Bill should not be passed, and the Regulations should be disallowed.
•We also recommend increased and ongoing funding be provided to the legal assistance sector, including specialist Women’s Legal Services, to assist women in respect of departure pathways, with particular focus on women who have experienced, or continue to, experience family violence.