2004-2005-2006

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Migration Legislation Amendment (Complementary Protection Visas) Bill 2006

No.      , 2006

(Senator Bartlett)

A Bill for an Act to introduce complementary protection visas, and for related purposes

 

Contents

 

A Bill for an Act to introduce complementary protection visas, and for related purposes

The Parliament of Australia enacts:

1  Short title

This Act may be cited as the Migration Legislation Amendment (Complementary Protection Visas) Act 2006.

2  Commencement

This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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--Amendments of the Migration Act 1958

1  After section 36

Insert:

36A  Complementary protection visas

(1) There is a class of visas to be known as complementary protection visas.

(2) A criterion for a complementary protection visa is that the applicant for the visa faces a substantial threat to his or her personal security, human rights or human dignity on return to his or her country of origin.

(3) Without limiting the generality of subsection (2), circumstances to which the Minister must have regard in determining whether subsection (2) applies to an applicant for a complementary protection visa include:

(a) the circumstances in his or her country of origin at the time of the application for the visa;

(b) whether the applicant is likely to be subject to harassment in his or her country of origin;

(c) whether the applicant is likely to be denied basic rights available to others in his or her country of origin;

(d) whether the applicant is likely to be subject to torture as defined in Article 1.1 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

(e) whether the applicant is likely to be treated in a manner which would contravene any article of the United Nations International Covenant on Civil and Political Rights.

(4) In circumstances where the applicant for the visa is a child or the parent of a child, the best interests of the child shall be the primary consideration for a complementary protection visa.

(5) To avoid doubt, Subdivision AL does not apply to complementary protection visas.

Note 1: Article 1.1 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions".

Note 2: Subsection 36A(4) recognises Australia's obligations under Article 3.1 of the United Nations Convention on the Rights of the Child, which states: "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.".

Migration Legislation Amendment (Complementary Protection Visas) Bill 2006       No.      , 2006      

 

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