On Thursday afternoon, the Australian Parliament passed the Migration Amendment (Abolishing Detention Debt) Bill 2009. Amnesty International welcomes this move as an important step in making Australia’s immigration policy more humane and in accordance with our international obligations.

If passed through the Senate, this bill will abolish detention fees, except as they relate to people smugglers and illegal fisherman found in Australian waters. It will reverse the policy of the last 17 years that has made asylum seekers in Australia liable for the costs of their involuntary detention. This policy has caused unnecessary mental strain on recognised refugees who, in most cases, have already suffered extended periods of uncertainty and destitution.

Amnesty International’s position was echoed in the recent report by the Joint Standing Committee on Migration’s inquiry into immigration detention, Criteria for release from detention. The report found that detention debt:

  • was often considerably harmful to the mental wellbeing of ex-detainees;
  • significantly impeded a person’s ability to legitimately re-enter Australia in the future; and
  • did not appear to provide any substantial revenue or contribute in any way to offsetting the costs of the detention policy. Further, it is likely that the administrative costs outweigh or are approximately equal to debts recovered.

The Coalition opposed the bill, with the Shadow Minister for Immigration, Sharman Stone, arguing that the changes remove another deterrent to people smugglers and are an affirmation of Australia’s ‘soft touch’ approach. However, Amnesty International applauds the actions of Liberal MPs Petro Georgiou, Judi Moylan, Russell Broadbent and Danna Vale, who spoke in favour of the Bill and stated that they were ready to defy the party line and vote with the Government.

In his address to Parliament, Petro Georgiou MP, stated that:

"No advanced society should allow on its statutes a law which so degrades and humiliates fellow human beings who are legitimately calling on our protection. We have an obligation to our own generation and to future generations to support this bill."

In the end, instead of giving these MPs the opportunity to cross the floor and cause an embarrassing formal division, the Opposition did not raise objections and so the bill was passed without the need for a formal vote.

The bill will now go before the Senate and Amnesty International reminds all Senators that if this bill is not passed, Australia will remain the only developed country to still charge asylum seekers for detention.

It is time to end this inhumane and unnecessary policy which is at odds with our international obligations.