Migration Amendment (Removal and Other Measures) Act 2024
No. 107, 2024
An Act to amend the Migration Act 1958, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Removal and removal concern countries
Migration Act 1958
Schedule 2—Measures relating to bridging visas and protection findings
Migration Act 1958
Schedule 3—Ministerial intervention
Migration Act 1958
Schedule 4—Contingent amendments
Migration Act 1958
Migration Amendment (Removal and Other Measures) Act 2024
No. 107, 2024
An Act to amend the Migration Act 1958, and for related purposes
[Assented to 4 December 2024]
The Parliament of Australia enacts:
1 Short title
This Act is the Migration Amendment (Removal and Other Measures) Act 2024.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 4 December 2024 |
2. Schedule 1 | The day after this Act receives the Royal Assent. | 5 December 2024 |
3. Schedule 2 | The day after this Act receives the Royal Assent. However, the provisions do not commence at all if the Migration Amendment Act 2024 commences on or before the day on which the provisions covered by table item 2 commence. | Never commenced |
4. Schedule 3 | The day after this Act receives the Royal Assent. | 5 December 2024 |
5. Schedule 4 | The later of: (a) immediately after the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of the Migration Amendment Act 2024. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 5 December 2024 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Removal and removal concern countries
Migration Act 1958
1 Subsection 5(1)
Insert:
removal concern country means a country designated as such by the Minister under subsection 199F(1).
removal pathway direction means a direction given under subsection 199C(1) or (2).
removal pathway non‑citizen has the meaning given by subsection 199B(1).
2 At the end of paragraph 46(1)(e)
Add:
; (vi) section 199G (visa applications by certain nationals…
Overview
The Migration Amendment (Removal and Other Measures) Act 2024, enacted by the Parliament of Australia on 4 December 2024, is designed to address gaps and problems in the existing migration laws by amending the Migration Act 1958. This Act introduces measures to streamline the removal process for non-citizens who do not have the right to remain in Australia, and it seeks to enhance the efficiency of visa applications and bridge visa provisions. The policy objective of this Act is to ensure that non-citizens who are not entitled to stay in Australia are removed in a timely and orderly manner, while also providing safeguards to prevent the removal of individuals to countries where they might face harm. The Act includes provisions for the Minister to designate "removal concern countries," manage visa applications by certain nationals, and implement measures relating to bridging visas and protection findings.
Scope and Application
The Migration Amendment (Removal and Other Measures) Act 2024 amends the Migration Act 1958 to introduce new measures related to the removal of non-citizens from Australia. The Act applies to non-citizens who are required to be removed from Australia under the Migration Act, including unlawful non-citizens and certain lawful non-citizens. The Act also applies to the Minister for Immigration, Citizenship and Multicultural Affairs and other relevant officials responsible for the administration of the Act. The Act applies across Australia and is of a Commonwealth nature. The Act does not provide for any exclusions, exemptions, or thresholds. The Act extends or restricts the application of the Migration Act through the inclusion of new provisions and the amendment of existing provisions. The Act also provides for the making of subordinate instruments to further regulate the operation of the Act.
Key Provisions
- The Migration Amendment (Removal and Other Measures) Act 2024 (the "Act") amends the Migration Act 1958 (the "Act") in several significant ways, particularly concerning the removal of non-citizens, visa applications, and ministerial intervention powers. Section 1 of the Act defines the main operative sections, which require or permit specific actions related to the removal of non-citizens, visa applications, and ministerial intervention powers. For instance, section 199B defines "removal pathway non-citizen" and outlines the criteria for being classified as such. Section 199C allows the Minister to give "removal pathway directions" to non-citizens, directing them to take specific actions to facilitate their lawful removal from Australia. Section 199F enables the Minister to designate a country as a "removal concern country," and section 199G imposes restrictions on visa applications by certain nationals of a removal concern country.
- The Act imposes several obligations and requirements on the parties and entities it governs. For example, removal pathway non-citizens are required to cooperate with steps taken under the Act for their lawful removal from Australia, and they must comply with removal pathway directions given by the Minister. The Minister must not give a removal pathway direction to a non-citizen in certain circumstances, such as when the non-citizen is a child under 18 or has made a valid application for a protection visa. Additionally, the Act imposes restrictions on visa applications by certain nationals of a removal concern country, with exceptions for specific categories of persons.
- The Act also outlines various offences, penalties, and civil/criminal consequences for breach. For instance, a person commits an offence if they are a removal pathway non-citizen, are given a removal pathway direction, the direction has not been revoked, and they refuse or fail to comply with the direction. The penalty for this offence is a maximum of five years imprisonment, 300 penalty units, or both. Furthermore, if a person is convicted of this offence, the court must impose a sentence of imprisonment of at least 12 months. The Act also specifies that certain subsections do not apply in relation to an offence under this section if the person has a reasonable excuse.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Ministerial Intervention
- Removal & Deportation
- Bridging Visas