New legislation seeks to re-detain individuals from the ‘NZYQ’ cohort following recent High Court rulings, potentially violating ten human rights, as reported by a bipartisan committee. The proposed bill allows the government to cancel visas and deport individuals to third countries. Critics urge the government to reconsider to avoid indefinite exile and suffering of refugees.
Proposed legislation could potentially encroach upon up to ten distinct human rights as the government contemplates re-detaining the ‘NZYQ’ cohort, recently freed by a High Court judgment. A bipartisan committee of MPs has reached out to the Home Affairs minister for clarity on the bill’s possible implications.
This pending legislation aims to facilitate the re-detention of individuals released after a High Court decision, allowing for the cancellation of their visas and the possibility of relocating them to a third country, funded by the government. The parliament’s human rights committee, led by Labor MP Josh Burns, highlighted that the proposed laws could infringe on rights such as the right to a fair trial, freedom from torture, and privacy among others.
The committee has requested additional details from Home Affairs Minister Tony Burke to evaluate how the bill aligns with established human rights. While certain obligations remain absolute under international law, most rights can be limited provided specific criteria are satisfied—including a legal basis and a legitimate purpose.
Critics from the Human Rights Law Centre urge the government to withdraw this proposed legislation, warning it could pave the way for the indefinite detention of refugees in foreign nations. Associate legal director Josephine Langbien emphasized the need for genuine solutions rather than punitive measures against vulnerable populations.
This legislative effort is in response to a significant ruling from the High Court regarding the ‘NZYQ’ cohort, which includes individuals who had been held in detention for extended periods. The High Court declared that the continued detention of a Rohingya man was unlawful, marking a turning point in how the government can manage individuals whose visas are canceled yet cannot be deported. This new bill aims to allow the government to navigate around the court’s ruling and re-implement detention procedures, while minimizing legal repercussions, particularly concerning human rights.
The government’s proposed legislation to re-detain the NZYQ cohort raises serious concerns about potential violations of human rights. With bipartisan inquiries seeking clarity on the bill’s implications, critics fear it paves the way for unlawful detentions and further suffering among vulnerable populations. Moving forward, it is crucial for legislation to prioritize human rights over punitive measures, seeking sustainable solutions rather than creating new cycles of hardship.
Original Source: www.abc.net.au
