Ending ‘Permanent Temporariness’: Joint submission to the comprehensive review of Australia’s migration system
Joint submission by the Human Rights law Centre, Migrant Workers Centre, Democracy in Colour, GetUp, ASRC, Liberty Victoria and Amnesty International. We work with people across the migration regime – from international students, to employer-sponsored and undocumented workers, refugees and people seeking asylum. We believe that there are certain common experiences of Australia’s visa system that affect all people irrespective of their visa status.
We must accept that all people, after a certain time, become part of the Australian community. That principle, once central to migration policy and planning, is now mostly lost to it. But the residue of the concept remains – for instance, in the prohibition on deporting a person who has lived in Australia for 10 years or more, and the eligibility of children born in Australia for citizenship on turning 10 years old. The principle that a person’s membership of the community should be reflected in their status and entitlements must be reintroduced to the migration system, and all people, irrespective of status, must be entitled to equal protection.
We recommend that:
Visa uncertainty is addressed through introducing standardised visa processing times, ending the punitive use of Bridging visas and abolishing the visa subclasses that are most closely associated with 'permanently temporary' status.
Measures are introduced to ensure equal protection for visa holders to enforce their conditions at work. This involves removing unnecessary work restrictions on visas and introducing protections for temporary visa holders who experience exploitation at work –including a protection against visa cancellation, and a visa to remain in Australia while taking action against an employer.
Family reunion is protected through introducing a presumption of family unity in decision-making, restoring genuinely ‘demand driven’ family migration and allowing clear access to permanent residency.
Permanent self-nominated pathways to permanent residency be created, accepting that after a period in Australia, all temporary migrants become indelibly part of the community and deserve the legal recognition that flows from that.