Question Time AU

Bill Debate · Second Reading

Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025; Second Reading

Senate · Wednesday 3 September 2025

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The debate concerned amendments to the Migration Act aimed at facilitating the removal of non-citizens who have exhausted visa processes. The government argued that procedural fairness provisions were being used to delay removals and sought to exclude them from specific removal pathway actions. The bill also included validation provisions to uphold past visa decisions affected by legal uncertainty following the High Court's NZYQ decision. The debate was adjourned without a final vote recorded in the transcript.

Outcome

The debate was adjourned.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Opened the debate

Chisholm moved that the bill be read a second time, arguing it would ensure a robust migration system by facilitating the timely removal of non-citizens with no lawful basis to remain. Chisholm stated that procedural fairness provisions were being exploited to frustrate removals and proposed amendments to exclude these obligations from third country reception arrangements and removal pathway directions. Chisholm clarified that the changes did not affect visa cancellation or refusal processes, nor merits review, but targeted final removal steps. Chisholm noted the amendments reflected the Federal Court's ruling in TCXM v Minister for Immigration and Multicultural Affairs, putting the legal position beyond doubt. Additionally, the bill validated past visa decisions made before the NZYQ decision to resolve uncertainty arising from the AJN23 case.