People who have been found to be bona fide refugees but have been granted only temporary protection visas will be permitted to remain in Australia permanently.
The second bill proposes a model of reform so that the problems that have arisen under the current system do not recur. Its features include:
Asylum seekers who don't have a visa will be able to be detained only if it is necessary to detain them on specified grounds, for example, to verify identity and to protect public safety. Detention decisions will be subject to Federal Court judicial scrutiny. Departmental officers will be able to detain people initially for up to 90 days and then must show cause to the Federal Court as to why further detention is required. The Federal Court may order continued detention for recurring periods of 90 days.
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Everyone who is found to be a refugee will be granted permanent residency.
In recent months, many Australians have told me that they supported the framework of stringent measures in the context in which they were introduced. But they now believe that reform is necessary and can be achieved without compromising the security of our borders and our community. I agree.
They are disturbed that children, women and men are imprisoned for lengthy periods simply because they came without prior authority, without any independent assessment of whether they pose a risk to our community. They believe that fundamental Australian values of fairness and decency demand a new approach. I share those feelings.
The measures I am proposing constitute a carefully designed package and in no way undermine our capacity to protect our borders and prevent abuse. One of the enduring strengths of this nation is our commitment to justice, tolerance and compassion for others. Our treatment of refugees and asylum seekers who have arrived uninvited must surely reflect those deeply held values.
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