POLICY AND LAW REFORM SUBMISSIONS

IARC is actively involved in policy development and law reform, with a view to ensuring access and equity in Australia’s immigration processes and promoting a just and equitable migration system.

Our practical experience provides government and law reformers with invaluable insights into the effects, and sometimes the unintended consequences, of changes to laws and legal processes.

Policy and law reform submissions

Preventing Migrant Worker Exploitation in Australia

25 November 2024

This report was produced for the UN Special Rapporteur on Contemporary Forms of Slavery during their visit to Sydney. It recommended substantial reforms to the immigration system, with a particular focus on the Pacific Australia Labour Mobility (PALM) Scheme and the employer sponsorship of temporary visa holders.

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Migration Amendment Bill 2024 

22 November 2024

This Bill sought to enable the removal of non-citizens from Australia to third countries. IARC recommended that the Bill should not be passed, highlighting its risks to Australia’s international obligations and the potential harm to non-citizens and their Australian families. 

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Administrative Review Tribunal (Miscellaneous Measures) Bill 2024 

30 September 2024

This Bill makes amendments to various Acts of Parliament arising from the establishment of the new Administrative Review Tribunal (ART). Our submission recommended revisions to the Migration Act to ensure the new ART is fair and accessible to people seeking review of migration and protection decisions.

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Enhancing Civil Protections and Remedies for Forced Marriage

23 September 2024

The Attorney-General’s Department sought stakeholder views on developing a model to enhance civil protections for victim-survivors of forced marriage. As immigration and refugee law specialists, our submission offered unique insights into the challenges people with precarious visa statuses might face in accessing these protections.

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Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024

29 July 2024

This Bill aims to establish the new Skills in Demand Visa and introduce a public register of approved sponsors. IARC’s submission commended the Bill for initiating changes to reduce workplace exploitation, and further recommended allowing visa holders on low incomes to undertake secondary employment.

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Review of Regional Migration Settings

26 July 2024

The Department of Home Affairs sought stakeholder input on improving regional migration settings. IARC’s submission recommended reforms to the Working Holiday Maker program to reduce migrant worker exploitation and broader changes to Australia’s visa settings to incentivise greater migration to the regions.

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Migration Amendment (Removal and Other Measures) Bill 2024 

12 April 2024

This Bill aims to make it easier to remove non-citizens from Australia. IARC strongly criticised the Bill for granting the Minister broad new powers without appropriate checks and balances, potentially forcing removals to countries where individuals could face future harm or persecution.

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Administrative Review Tribunal Bill 2023 

02 February 2024

We made a submission to an Australian House of Representatives Committee inquiry into this Bill, which helped establish the new Administrative Review Tribunal. Our submission highlighted the challenges many clients face in reviewing immigration decisions due to strict timeframes for lodging Tribunal applications.

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Reviewing Legal Protections against Forced Marriage 

11 December 2023

IARC’s submission to this NSW Government review highlighted the complex barriers preventing temporary visa holders from obtaining legal protections against forced marriage. To overcome these barriers, we recommended enhanced guidance for police officers and courts, and proper resourcing for community legal centres like IARC.

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Review of the Migration Health Requirement

17 November 2023

The Department of Home Affairs requested stakeholder views on health requirements for visa applicants. IARC’s submission argued that these requirements discriminate against people with disabilities and medical conditions. We advocated increasing the Significant Cost Threshold and expanding the health waiver to all visa applicants.

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Migration Amendment (Strengthening Employer Compliance) Bill 2023

21 July 2023

This Bill introduced new penalties for employers in order to reduce migrant worker exploitation. IARC and Unions NSW made a joint submission in support of the Bill, while providing further recommendations to improve the rights of migrant workers in Australia.

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Migration, Pathway to Nation Building 

13 February 2023

IARC and Unions NSW’s joint submission to this inquiry was referenced in seven sections of the Joint Standing Committee on Migration’s final report. The Committee quoted our comments about onerous health requirements for visa applicants, strict caps on family reunion, and migrant worker exploitation.

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A Migration System for Australia’s Future

15 December 2022

IARC and Unions NSW provided a joint submission to assist the Australian Government in the development of a new migration strategy. We offered a range of policy proposals to bring about a fair, just, and accessible immigration system.

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Crimes Legislation Amendment (Coercive Control) Bill 2022

31 August 2022

This Bill ultimately led to the criminalisation of coercive control in NSW. Our submission to the NSW Government argued that immigration-related abuse – such as threats to withdraw visa sponsorship or to report someone to the Department of Home Affairs – should be recognised as a key feature of coercive control.

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Draft National Plan to End Violence Against Women and Children 2022-2032

25 February 2022

We provided this submission to advocate for the meaningful inclusion of people with precarious visa statuses in the Australian Government’s National Plan to End Violence Against Women and Children. The submission drew on our extensive experience giving legal services to victim-survivors of Domestic, Family and Sexual Violence.

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Migration Amendment (Protecting Migrant Workers) Bill 2021 [Provisions]

28 January 2022

This joint submission with Unions NSW drew on the knowledge gained from our Visa Assist partnership to recommend improvements to working conditions for migrant workers. In particular, we called for reforms to empower workers to report exploitation without jeopardising their visa status.

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Senate Legal and Constitutional Affairs Committee Inquiry into Family Migration

03 May 2021

IARC made a submission to this Australian Senate inquiry into the efficacy, fairness, timeliness, and costs of family visas. We advocated for a fairer immigration system that allows more people to be reunited with their loved ones in Australia. Our submission was quoted in seven sections of the final Committee report.

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Department of Home Affairs’ Consultation on English Language Requirements for Partner Visa Applicant and Sponsors

31 March 2021

In this submission, IARC opposed planned reforms to the English language requirements for Partner visa applicants and sponsors. We argued that these proposals were discriminatory and harmful, particularly for temporary visa holders experiencing Domestic, Family and Sexual Violence.

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NSW Joint Select Committee Inquiry into Coercive Control in Domestic Relationships

16 March 2021

IARC made a submission to the NSW Government’s public inquiry into coercive control in domestic relationships. We called for increased education around coercive control, long-term sustainable funding for specialist family and domestic violence services, and improved training for police.

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Senate Select Committee on Temporary Migration

30 July 2020

Our submission to the Australian Senate’s inquiry into temporary migration called for reforms to empower workers holding temporary visas. We specifically recommended giving temporary visa holders more time to find a new sponsor and clearer pathways to permanent residency.

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House Standing Committee on Social Policy and Legal Affairs Committee Inquiry into Family, Domestic and Sexual Violence

24 July 2020

IARC’s submission to this inquiry drew on our extensive experience providing legal services to victim-survivors of Domestic, Family and Sexual Violence. We advocated for comprehensive immigration law and policy reform to give victim-survivors the chance to escape abuse and remain safely in Australia.

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Migration Amendment (Prohibited Items in Immigration Detention Facilities) Bill 2020

12 June 2020

This Bill aimed to grant the Australian Government the power to prohibit immigration detainees from possessing certain items, such as mobile phones and internet-capable devices. IARC’s submission strongly opposed the Bill for imposing unreasonable, unnecessary, and disproportionate limits on detainees’ right to privacy.

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Counter-Terrorism (Temporary Exclusion Orders) Bill 2019

08 March 2019

IARC provided a submission to the Australian Government’s review of this Bill, which aimed to delay Australians of counter-terrorism interest from re-entering Australia. We set out several concerns about the Bill that ultimately informed our view that it should not be passed.

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Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017

11 January 2019

Our submission opposed this Bill for attempting to make it harder to acquire Australian citizenship. It focused on proposed changes to English language requirements, citizenship by birth provisions, and the expansion of the Minister’s powers to set aside Tribunal decisions.

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Senate Legal and Constitutional Affairs Committee Inquiry into Dowry Abuse

17 August 2018

IARC provided a submission to an Australian Senate inquiry into the practice of dowry abuse in Australia. It focused on how dowry abuse can impact women’s visa status, particularly in situations involving Domestic, Family and Sexual Violence.

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