Migration Act 101 for Opposition
Wednesday, 16 December 2009
It is clear the Opposition does not understand Australia's migration laws.
Transferring offshore entry people who remain in detention from Christmas Island to the mainland does not change their legal status or give them access to onshore processing arrangements.
Their immigration status is unchanged - they are still classified as an offshore entry person and remain in detention.
An offshore entry person is a person who enters Australia at an excised offshore place without a visa that is in effect. Such a person is unable to make a valid visa application unless the minister allows them to do so.
This bar on making an application applies as long as the offshore entry person is in Australia without a visa, regardless of where in Australia they happen to be.
These provisions were introduced under the Howard government in 2001 and the Opposition has been briefed on this issue repeatedly in recent months but the Liberal party has shown once again it doesn't even understand the basics of migration law, even legislation it itself enacted.
The Opposition would better spend its time developing a credible policy rather than engaging in scare tactics.
The report is available online:
See: www.immi.gov.au/media/publications/statistics/index.htm
URL: http://www.minister.immi.gov.au
/media/media-releases/2009/ce09107.htm
Last update: 16 December 2009 at 15:41 AEST