21°C | Saturday May 24, 2025 
19 August 2024
Kylea Tink, the MP for North Sydney, today introduced a bill to Federal Parliament aimed at ending the government’s practice of detaining refugees indefinitely in offshore locations. The bill seeks to address what she says are the long-standing issues of cruelty and human rights violations that have characterised Australia’s immigration detention system for more than three decades.
Tink’s bill proposes making it illegal for the Australian Government to detain asylum seekers for more than 90 days and prohibits the detention of children entirely. This move comes amid growing concerns about the increasing number of individuals being held indefinitely in what she characterises as expensive and secretive offshore facilities.
The Migration Amendment (Limits on Immigration Detention) Bill 2024, which seeks to amend the Migration Act 1958, introduces a strict 90-day limit on immigration detention, with extensions only permitted under exceptional circumstances. These extensions require justification as necessary, reasonable, and proportionate, and are subject to review by the Administrative Review Tribunal. Additionally, the bill includes a prohibition on the detention of children, aligning Australia with international human rights standards.
Tink emphasises the harshness of Australia’s immigration regime, stating, “Australia’s immigration regime is uniquely cruel. While we expect our government to protect our borders, we should never accept that this requires placing people seeking our protection into an environment where their basic human rights are completely obliterated. There is no crime in our country that comes with a sentence of indefinite mandatory internment – and yet we treat vulnerable people fleeing for their lives with less respect than we do heinous criminals.”
She said that since July 2013, fourteen people died while in Australia’s custody, with many more suffering severe physical and mental health issues. “Ultimately, the distinguishing feature of our offshore detention regime has been the tragedy and suffering it inflicts,” Tink adds.
“Generally, Australians have no idea what is going on in these facilities as their operations are secretive. Transparency and accountability are just not there. This is despite the fact every experience these people endure is one that is being dished out in our name. To be clear: lives are being lost, families are being destroyed, and basic human rights are being ignored, and as a consequence, all of us are left with the stain of an appalling abuse of human rights.”
The bill clarifies that after a person has been held for 90 days, their detention can be extended by a further 28 days if deemed necessary as a last resort, up from the previously allowed 14 days. This extension period is considered more workable for the ART and fairer for applicants seeking legal advice.
Other updates to the bill include the explicit inclusion of offshore detention within its scope and changes to prevent individuals from being placed on temporary bridging visas with limited rights. These changes are informed by consultations with sector stakeholders and reflect recent developments, such as the NZYQ High Court Case and the establishment of the ART.