WHAT’S THE LEGISLATION
* Immigration detainees could face up to five years in jail unless they cooperate with efforts to deport them
* Failing to comply with a direction will become a criminal offence, punishable by a mandatory minimum of 12 months in jail and a maximum of five years
* The offence also carries a $93,900 fine, or both imprisonment and a fine
WHY IT HAS BEEN INTRODUCED
* The federal government is facing another High Court challenge as an Iranian citizen known as ASF17 makes a legal bid for freedom
* Labor has attempted to send him back to Iran, but as a bisexual man, he could face the death penalty upon return
* If the Iranian man wins and a previous High Court ruling is expanded to cover people who refuse to co-operate with Australian authorities, he would be released alongside more detainees
* The government only has until Wednesday to pass the legislation by the end of the sitting week, which is the last one before the High Court decision
REACTIONS
“Unfortunately, examples of non-cooperation with the government’s removal efforts have been going on for too long against the expectations of the Australian community. Undermining the integrity of our migration laws.”
– Immigration Minister Andrew Giles
“One of the serious unintended consequences that we are very, very concerned about is what all this chaotic and botched approach is going to do to people smugglers.”
– Opposition immigration spokesman Dan Tehan
“We are concerned that these new powers will be used to send those with strong claims for protection back to the hands of their persecutors.”
– Refugee Council of Australia chief executive Paul Power
“Shame, shame on every member of government for supporting … something that is deeply, deeply undemocratic.”
– Warringah MP Zali Steggall
