Media release
Senator Chris Evans
Leader of the Government in the Senate
Minister for Immigration and Citizenship
115.09
16 December 2009
Migration Act 101 for Opposition
It is clear the Opposition does not understand Australia’s migration laws.
Transferring offshore entry people who remain in detention from Christmas Island to the
mainland does not change their legal status or give them access to onshore processing
arrangements.
Their immigration status is unchanged - they are still classified as an offshore entry person
and remain in detention.
An offshore entry person is a person who enters Australia at an excised offshore place
without a visa that is in effect. Such a person is unable to make a valid visa application
unless the minister allows them to do so.
This bar on making an application applies as long as the offshore entry person is in
Australia without a visa, regardless of where in Australia they happen to be.
These provisions were introduced under the Howard government in 2001 and the
Opposition has been briefed on this issue repeatedly in recent months but the Liberal party
has shown once again it doesn't even understand the basics of migration law, even
legislation it itself enacted.
The Opposition would better spend its time developing a credible policy rather than
engaging in scare tactics.
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Media Contact: Cian Manton – (02) 6277 7860 or 0413 760 818
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