2004-2005-2006 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Migration Legislation Amendment (Complementary Protection Visas) Bill 2006 No. , 2006 (Senator Bartlett) A Bill for an Act to introduce complementary protection visas, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 1 Schedule 1--Amendments of the Migration Act 1958 2 i Migration Legislation Amendment (Complementary Protection Visas) Bill 2006 No. , 2006 [Page Break] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A Bill for an Act to introduce complementary 21 protection visas, and for related purposes 22 The Parliament of Australia enacts: 23 1 Short title 24 This Act may be cited as the Migration Legislation Amendment 25 (Complementary Protection Visas) Act 2006. 26 2 Commencement 27 This Act commences on the day on which it receives the Royal 28 Assent. 29 3 Schedule(s) 30 Each Act that is specified in a Schedule to this Act is amended or 31 repealed as set out in the applicable items in the Schedule 32 concerned, and any other item in a Schedule to this Act has effect 33 according to its terms. Migration Legislation Amendment (Complementary Protection Visas) Bill 2006 No. , 2006 1 [Page Break] 1 2 Schedule 1--Amendments of the Migration 3 Act 1958 4 1 After section 36 5 Insert: 6 36A Complementary protection visas 7 (1) There is a class of visas to be known as complementary protection 8 visas. 9 (2) A criterion for a complementary protection visa is that the 10 applicant for the visa faces a substantial threat to his or her 11 personal security, human rights or human dignity on return to his 12 or her country of origin. 13 (3) Without limiting the generality of subsection (2), circumstances to 14 which the Minister must have regard in determining whether 15 subsection (2) applies to an applicant for a complementary 16 protection visa include: 17 (a) the circumstances in his or her country of origin at the time 18 of the application for the visa; 19 (b) whether the applicant is likely to be subject to harassment in 20 his or her country of origin; 21 (c) whether the applicant is likely to be denied basic rights 22 available to others in his or her country of origin; 23 (d) whether the applicant is likely to be subject to torture as 24 defined in Article 1.1 of the United Nations Convention 25 Against Torture and Other Cruel, Inhuman or Degrading 26 Treatment or Punishment; 27 (e) whether the applicant is likely to be treated in a manner 28 which would contravene any article of the United Nations 29 International Covenant on Civil and Political Rights. 30 (4) In circumstances where the applicant for the visa is a child or the 31 parent of a child, the best interests of the child shall be the primary 32 consideration for a complementary protection visa. 33 (5) To avoid doubt, Subdivision AL does not apply to complementary 34 protection visas. 2 Migration Legislation Amendment (Complementary Protection Visas) Bill 2006 No. , 2006 [Page Break] 1 Note 1: Article 1.1 of the United Nations Convention Against Torture and 2 Other Cruel, Inhuman or Degrading Treatment or Punishment defines 3 torture as "any act by which severe pain or suffering, whether physical 4 or mental, is intentionally inflicted on a person for such purposes as 5 obtaining from him or a third person information or a confession, 6 punishing him for an act he or a third person has committed or is 7 suspected of having committed, or intimidating or coercing him or a 8 third person, or for any reason based on discrimination of any kind, 9 when such pain or suffering is inflicted by or at the instigation of or 10 with the consent or acquiescence of a public official or other person 11 acting in an official capacity. It does not include pain or suffering 12 arising only from, inherent in or incidental to lawful sanctions". 13 Note 2: Subsection 36A(4) recognises Australia's obligations under Article 14 3.1 of the United Nations Convention on the Rights of the Child, 15 which states: "In all actions concerning children, whether undertaken 16 by public or private social welfare institutions, courts of law, 17 administrative authorities or legislative bodies, the best interests of the 18 child shall be a primary consideration.". Migration Legislation Amendment (Complementary Protection Visas) Bill 2006 No. , 2006 3