2 December 2024 - Refugee and refugee support groups Australia-wide are deeply concerned about the extremely damaging implications of Australia’s new migration laws which are founded on principles of punishment rather than human rights protection.

The new migration laws passed last week provide government with significant powers which are out of step with Australia’s human rights obligations, principles of fairness, and with the community spirit of welcome and compassion. 

Grassroots refugee support organisations representing hundreds of communities and thousands of supporters across Australia have expressed dismay at the Labor Government’s unnecessary cruelty, demonstrating a cavernous disconnect between policy direction and the Australian spirit of compassion and welcome.

Advocates point to fundamental concerns about:

-       Forcibly removing people to third countries where people’s safety and rights cannot be guaranteed
-       Powers to compel people to cooperate with their own removal or face criminal charges or possible detention
-       The separation of families, including potentially separating parents from children born here in Australia
-       The reduction of refugee rights and liberties in immigration detention centres, including the banning of mobile phones and expanding the use of strip searches
-       Overturning of people’s refugee protection findings.

The government has said that the new powers are only intended to apply to around 200 people who have had visas cancelled because they have served time in prison. However, because the legislation makes it possible for the government of the day to change visas status on other grounds, many others could become subjected to the new laws.   

Paul Dalzell, President, Rural Australians for Refugees

“We are profoundly concerned by this politicising of refugee issues which has resulted in the most heartless refugee policy in three decades. The rhetoric of keeping people safe is being used disingenuously to support political interests rather than to put forward genuine solutions in a global displacement crisis. Our political leaders do not have social license to trample all over the human rights of vulnerable communities who have come to Australia for protection.”

Ian Rintoul, Refugee Action Coalition

“This is shameful politicking with Labor playing the refugee card in the hope of gaining an electoral advantage at the expense of refugees. Instead of standing up to Dutton’s scaremongering about community safety, Labor is trashing human rights in a race to the bottom with Dutton. Labor should have ended indefinite detention when it was elected in 2022 instead of leaving it to the High Court. Labor likes to claim it is cleaning up the Liberal’s mess, but this is a mess entirely made by Labor.”

Assoc Prof Caroline Fleay, Centre for Human Rights Education, Curtin University

“At a time when our political leaders need to be doing all they can to promote social cohesion in Australia, this legislation has the opposite effect. Many in Australia are looking for political leadership that is inclusive and respectful of people in all communities, including people who came to our shores seeking protection.” 

Assoc Prof Mary Anne Kenny, School of Law and Criminology, Murdoch University

“The government has introduced a range of punitive legislation which are intended to create a harsh and hostile environment for failed asylum seekers are unlikely to achieve the 'co-operation' sought. Threats of criminal sanctions are likely to have the effect of escalating emotions causing individuals to feel further victimised and will have a significant detrimental impact upon mental health.”  

Marie Hapke, Australian Refugee Action Network 

“Australian citizens are released from prisons every day with supports and conditions to ensure community safety. This legislation plays into the fearmongering towards non-citizens who have committed offences. It provides unnecessary powers to send non-citizens, including refugees, to places where they are likely to be in danger and have no prospects for safe resettlement. Human rights bodies will rightly add this legislation to the long list of well-deserved criticisms of Australia, especially in relation to our treatment of people seeking refugee protection.”

Dulce Muñoz, National Convener of Mums4Refugees

“This is not the Australia we know or believe in. These laws betray the values of compassion, fairness, and inclusion that so many communities across this country embody.  We know the cost of cruelty—we see it in the faces of the vulnerable left behind by these policies. But we also know the strength of hope, and we will fight for an Australia that protects, uplifts, and welcomes those in need. This is not the end of the story—we will write a better one.”

Janet Joss, Co-Chair, Grandmothers for Refugees

“We stand against the unjust migration laws that punish the vulnerable instead of protecting them. These laws contradict Australia's values of fairness, compassion, and humanity. They risk tearing families apart, returning people to danger, and perpetuating harm to already traumatized communities. We are deeply disappointed by the government's willingness to demonize and punish refugees for political expediency, abandoning the principles of justice and decency that should guide our society and legislators.”

Refugee-led advocacy groups Asylum Rights Campaign, Australian Hazara Advocacy Network, Refugee Women for Action on Visa Equality and the Tamil Refugee Council have pointed to the far-reaching trauma that these policies will create.

Kalyani Inpakumar, NSW Coordinator, Tamil Refugee Council

“Like the flawed Fast Track system, this legislation is emblematic of a deeply flawed approach that prioritizes exclusion over fairness and protection. Refugees possess skills, resilience, and an extraordinary commitment to rebuilding their lives, yet they are held back by policies that force them into uncertainty. The government’s current trajectory ignores Australia’s proud history of giving people a chance to contribute and thrive. We must move beyond policies of punishment and toward solutions that reflect the values of compassion and fairness our communities hold dear.”

Rathy Barthlote, Eelam Tamil refugee, Refugee Women Action for Visa Equality

“We have been living in the Australian community hoping for protection and safety for 12 years. Living in constant uncertainty is not easy. It breaks us. It drains our spirit and takes a heavy toll on our mental health. It is devastating to see the Australian government introducing laws that could send people back to danger and further traumatise our communities. Until we are all free and safe and able to rebuild our lives, our families back in our origin countries are also experiencing trauma.”

Narges Shiterian, Iranian refugee, Asylum Rights Campaign

“Security for our families has become even more important now that so many have become vulnerable. The uncertainty we have experienced over more than 12 years because of Fast Track has left deep wounds. It is time to offer a pathway to recovery and a brighter future. Please grant permanent visas for all Fast Track visas to bring healing and closure to everyone who has suffered for far too long.”