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Migration Legislation Amendment (Regional Processing Cohort) Bill 2019 (Provisions)

The submission to the Senate Legal and Constitutional Affairs Legislation Committee in respect of its inquiry into the Migration Legislation Amendment (Regional Processing Cohort) Bill 2019 (the Bill) was prepared by the Law Council. 

The Law Council, as the peak body of the Australian legal profession, is non-partisan. In accordance with its mandate and constitution, it has focused its examination of the Bill on particular key issues affecting the rule of law in the public interest, and the administration of justice and development and improvement of law throughout the Commonwealth.

The comments and recommendations made in this submission relate to the legal construction of the Bill and its compatibility with existing law. The Bill forms part of the Australian Government’s suite of border management measures and its impact is directed toward refugees and asylum seekers who have sought Australia’s protection.

The primary effect of the Bill would be to invalidate any visa application made by a person who has been, or may in future be, taken to a regional processing country after 19 July 2013, and who was an adult at that time. The validity bar would apply to such persons irrespective of their current location and would encompass all Australian visa types.

You can read the full submission below. 

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