Immigration Minister Scott Morrison has further toughened rules for asylum seekers in Australia.
Immigration Minister Scott Morrison has further toughened rules for asylum seekers in Australia. Photo: Alex Ellinghausen







An asylum seeker with a 50/50 chance of torture or serious
harm in their home country could still be sent back there under proposed
changes to the Migration Act.



Under the changes, announced by Immigration Minister Scott
Morrison on Wednesday, asylum seekers are far more likely to be sent
back to countries where they face a serious threat of harm.




Previously, asylum seekers would not be sent back if they
faced a ‘‘real chance’’ of torture or significant harm – portrayed as a
10 per cent chance by the Immigration Department.



Now the amendment has changed that wording to ‘‘more likely
than not’’ to face harm – while dramatically increasing the minimum risk
threshold from 10 per cent to ‘‘greater than 50 per cent’’. This means
that if an asylum seeker faces a 50/50 chance of torture or serious harm
they could still be sent back.




The higher threshold is one of many sweeping changes to the
Migration Act, which will require asylum seekers to provide ‘‘sufficient
evidence’’ for identification to receive a protection visa, and will
not give automatic protection visas to family members of a visa holder.



Mr Morrison defended the changes, saying the government
remains committed to ensuring it abides by its international
obligations, despite substantially increasing the threshold.



‘‘This is an acceptable position which is open to Australia
under international law and reflects the government’s interpretation of
Australia’s obligations,’’ he said.



‘‘This Bill deserves the support of all parties. We need the
tools to ensure public confidence in Australia’s capacity to assess
claims for asylum in the interests of this country, and against the
interests of those who show bad faith. These changes uphold the
importance of integrity in the establishment of identity, and increased
efficiency in our protection processing system,’’ he said.



But human rights lawyers are shocked at the changes, saying they are ‘‘very significant’’.



‘‘These amendments would allow the government to send people
back to their country of origin even if there’s a 50 per cent chance
they’ll be killed or tortured as soon as they get off the plane,’’ said
Daniel Webb, director of the Human Rights Law Centre.



‘‘We shouldn’t even contemplate breaching international law
by returning people to such high risks of serious harm, especially at a
time of unprecedented global need.’’



Labor immigration spokesman Richard Marles said the changes were troubling.



“We would be extremely concerned if the government attempts
to use complex legislation to sneak through shifting the goal posts on
what determines refugee status,” he said.