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9 September 2009

Australian Human Rights Commission welcomes the removal of the 45-day rule for bridging visas and abolition of immigration detention debt

The President of the Australian Human Rights Commission and Human Rights Commissioner, Catherine Branson, today welcomed two key changes in the federal government’s treatment of asylum seekers and immigration detainees: the removal of the so-called ‘45-day rule’ which restricted access to work rights for bridging visa holders; and the abolition of detention debt for most immigration detainees.

Changes to the Migration Regulations (introduced from 1 July) remove the ‘45-day rule’ and provide certain people on bridging visas with the opportunity for work rights. The Opposition put forward a motion to disallow these changes in the Senate, however that motion was defeated yesterday.

“Restrictive conditions attached to bridging visas have led to poverty and homelessness for many asylum seekers,” said Ms Branson.

“People could be waiting months for the outcomes of their claims, but without the ability to support themselves. Some people (including families with children) have been entirely dependent on community services for their basic survival.

“Hopefully these changes can help them to be better prepared, both financially and psychologically, for the outcomes of their cases.”

The Senate also yesterday passed the Migration Amendment (Abolishing Detention Debt) Bill which abolishes the policy of charging former detainees (with the exception of convicted people smugglers and illegal foreign fishers) for their time in immigration detention. This is in line with the recommendations of the Joint Standing Committee on Migration in December 2008.

“Australia was the only country in the world to utilise this measure,” Ms Branson said.

“Not only was it unworkable as a cost recovery mechanism, but it also managed to inflict unnecessary stress and suffering on a number of individuals and families, including vulnerable people detained for prolonged periods of time.

“I congratulate the Government and the Members of Parliament who have supported these more humane measures.”

Media contact: Shyamla Eswaran on 02 9284 9851