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Advocates Say New Bill Gives The Morrison Government Too Much Power To Deport Non-Citizens

"This bill is unnecessary, but it is a blatant attempt by this government to pander to racism, to bigotry, and to xenophobia."

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Advocates are concerned that a migration bill passed in the House of Representatives will increase the likelihood of visa cancellations for non-citizens, and give the Immigration Minister more deportation powers than needed.

The Migration Amendment (Strengthening the Character Test) Bill moved through the lower house on Wednesday night after Labor agreed to vote alongside the Coalition.

If passed in the Senate, it would allow the government to cancel a non-citizen’s visa if they are convicted of a crime with more than a two-year sentence — even if the person isn’t sent to prison. On Wednesday, Immigration Minister Alex Hawke said the bill would also give him “more discretionary power” to cancel visas for crimes committed outside Australia, or in the past, according to The Guardian.

“This bill introduces unreasonably low thresholds to revoke or refuse visas for people based on the maximum possible sentence they could receive, rather than the sentence they actually received,” said the Asylum Seeker Resource Centre in a statement on Thursday. “Meaning someone on a visa who commits an offence, and serves a light sentence such as community service, would lose their visa and be forcibly removed from Australia, separated from their family and livelihoods if the maximum sentence for the offence is two years imprisonment.”

Independent MP Andrew Wilkie questioned why the bill would move ahead when the government already has ample powers to deport non-citizens over heinous criminal offences.

“This bill is unnecessary, but it is a blatant attempt by this government to pander to racism, to bigotry, and to xenophobia, and to thump its chest and make out that its tough on national security, and tough on borders,” said Wilkie, who voted against the bill alongside Greens leader Adam Bandt.

It’s the second time the proposed legislation has been brought forward — first in 2019, and in October last year — but were quashed both times for inflaming relations with neighbouring country New Zealand, as Kiwis are often deported under current laws.

The bill is expected to be debated in Senate in March, with only two sitting days to see its outcome before the next federal election.