New powers for Scott Morrison
AIMN reader Susan Argall alerts us to yet another attack on our rights that should have us all extremely concerned.
The following is a post from November 7 from the Asylum Seeker Resource Centre (ASRC)
#BREAKING. Scott Morrison has introduced another new draconian Bill called “Australian Citizenship and Other Legislation Amendment Bill 2014.” It gives him the unreviewable power to cancel the citizenship of any Australian without any criminal conviction at all. Think about that. Being able to lose your Citizenship despite not having been found guilty of a criminal offence. (P.S This is not just for refugees but EVERYONE not born in Australia). Just 6 days was given for the public to make submissions (closed yesterday). Good news is we made a submission & will be appearing before the committee reviewing it on Monday, to fight the good fight to stop it!
This is an excerpt from the second reading of the Bill by Paul Fletcher on October 23.
“On occasion, the minister makes personal decisions under the act. The bill makes it clear that the minister can specify that such a decision is made in the public interest. As it is not appropriate for merits review to be available in respect of decisions that have been made by the minister personally the bill protects them from merits review. Judicial review will remain available.
The bill also provides the minister with a power to personally set aside certain decisions of the AAT if it is in the public interest to do so. The Minister for Immigration and Border Protection is concerned that some decisions made by the AAT have led to outcomes that are outside the community standards that citizenship policy is intended to meet, including recent occasions where the AAT found that people were of good character despite having been convicted of child sexual offences, manslaughter, people smuggling or domestic violence.
These amendments to protect the minister’s personal decisions from merits review and to allow the minister to set aside decisions of the AAT in certain circumstances will bring the minister’s powers under the Citizenship Act in line with similar powers under the Migration Act.
The bill also provides the minister with a power to make legislative instruments.”
As Susan points out, “This is causing an enormous amount of fear and polarising the community. Idiots are posting that we should be trusting of our government’s intentions, that it is a good thing to behave to prevent certain communities from damaging Australia. This is further frightening all those that were not born here.”
Article 15 of the Universal Declaration of Human Rights states:
(1) Everyone has the right to a nationality
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality
which brings into question the legality of these new powers.
One by one, the Ministers of this government are changing the laws to give themselves personal power bypassing review – Scott Morrison, George Brandis, Greg Hunt – all are winding back our rights and removing avenues to have their decisions reviewed.
This is NOT democracy.
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33 comments
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anthracen -
corvus boreus -
Möbius Ecko
Return to home pageI don’t suppose this would ever apply to Abbott or Cormann? Although I was born here, Morrison can remove my nationality any time he likes. I’d like to be deported to Sweden please. I’m absolutely disgusted at the changes these LNP yobbos have made to this country, with the support of many of its citizens.
The second reading of the Bill also contained this line….
“It is important that applicants spend a sufficient amount of time here to understand what being Australian means. Indeed, they must have a connection to Australia, not just to an Australian.”
I don’t think this government has any idea what “being Australian means”. Being Australian used to mean pulling together in difficult times, standing up for a “fair go for all” and offering help to those who needed it. Now it means protect what you have got from everyone else and abuse those who are too ‘lazy’ to get rich.
“It is important that applicants spend a sufficient amount of time here to understand what being Australian means. Indeed, they must have a connection to Australia, not just to an Australian.”
Has “what being Australian means” been defined?
It is not democracy, but it is completely consistent with the core impulses of this egregiously self-interested LNP who won government on a platform of lies and seek to maintain it by autocratic rule. We can protest all we like, but until the ALP finds an effective leader capable of articulating the reasons for having a society based upon social justice and winning popular support for those reasons, rather than supinely appealing to sectional self-interests, we will have to watch these LNP sociopaths gnaw away at our freedoms and continue to inflict human rights abuses on children, women and men in Australia and in their foreign concentration camps..
Because national identity – especially for such a multicultural place as Australia – is so difficult to define, really the best you can do is define an Australian as somebody who has Australian citizenship. Doesn’t matter what colour your skin is, or what language you speak. Doesn’t matter whether all your ancestors for eight generations were born here, or whether you arrived for the first time only yesterday, citizenship is citizenship. This is what makes Morrison’s bill so worrying: that he will make judgements on who or who isn’t Australian simply based on his own reckoning, which as we have seen time and time again is suspect to say the least. To imagine that there’s some characteristic or collection of characteristics (other than citizenship) which categorizes Australians is muddled thinking; in fact it’s plain wrong.
I am not holding my breath waiting for Shorten and Labors ineffectual weak kneed insipid Immigration shadow ‘whats his name’ to bring the roof down in howls of protest. More like whimpers of resignation.
This has to be the final straw, surely we can no longer be subjected to what this gov thinks and does. We must stand up and protest this dictatorship. The GG must fire this gov.
Or, to Eric Abbetz? It is really interesting the number of major figures in this government who weren’t born in Australia. Perhaps they are like the converts to the radical groups in the Middle East …. from the standpoint of converts often being more “hard-line” than those born into a group/country/sect ….
Bottom line: This is NOT democracy.
I sense a wonderful possibility in this legislation.If it is going to be within the powers the Minister to cancel someone’s citizenship because they do not understand what “being Australian means”, than before anything else must be defined what “being Australian is”. Given this phrase would reasonably be related to what is most Australian, then we would need to refer for authority back to the original inhabitants, that is, Aboriginal Australia. The core values of Australian Aboriginality do not include kicking the most vulnerable people in our society in the guts etc From this it should become quite possible to remove the right to citizenship of the entire liberal government.
And so the ship of state leaks, and leaks, and leaks again under the wicked hand of these dictatorial dogmatists who really do believe that opinion overrides fact, any day they choose, and under any law they are willing to enact.
Don’t worry folks if there is not a law out there to get you we will make one until you all live in fear of the state. Now where have I heard that before?
No stone will be left unturned to impose our IPA vision upon this country and the world.
Abbott and Hockey are really pissed of they can’t send those lazy unemployed youth into poverty.
What fine upstanding evil bastards they are.
The perpetual re appointment of powers to individuals in this government is VERY concerning. There was a documentary years ago about the various US Presidents and their mental and physical disabilities that may have coloured their decisions. Keep in mine the US President has powers Abbot has not yet made his. The most shocking example was Reagan who had Altzheimers WHILE STILL IN OFFICE,!! I completely abhor this giverment and all they syptand for but absolute power corrupts absolutely and to willfully hand over powers to individuals rather than committees or panels at the least leaves any country in a position where decisions can be made by people with as yet undiagnosed mental issues. I don’t have a problem with mental illness but it is surely not the place from which sole decisions that effect an entire country should be made. These people are utter fools.
If your aren’t doing anything wrong… you have nothing to fear. Apparently.
It is in these circumstances that the independents Oakeshott and Windsor played such a pivotal role in balancing the Rudd/Gillard governments in the lower house and I’m not sure that we get the same democratic value in the current Senate and certainly the PUP’s don’t seem to have the intelligence to rationally analyze and sensibly amend defective or punitive legislation.
We are very much in the hands of Scott Ludlam and Nick Xenophon to bring balance to the extremism of the Abbott regime.
I cannot imagine why anyone finds this at all shocking or contrary to what we have always believe in.
We all know what we have believed in for decades ……… as Australians.
That’s now apparently gone down the gurgler – with this unutterably evil Government, pulling the plug.
Seems to me that Abbott has introduced some quasi ” Power of Veto” ,,,, similar to what any U.S. President enjoys, – when all else fails.
We need to look deeply into the rules that govern our nation – on a legal and constitutional basis. And do something about it.
If that means taking to the streets in mass protest – even violent protest – then SO BE IT.
( P.S. …. I am against violence in any form, but sometimes there is a need for stronger action than we might be comfortable with ).
I cannot condone violence but I can sure as hell be annoyingly loud and persistent. I will be at the marches, I will send emails questioning my local member and relevant ministers, I will make phone calls, and I will continue passing on information that the Australian public should be aware of.
Whenever I see masses of complaints about yet another piece of unjust, corrupt or undemocratic legislation by the Abbott government” one fact always springs into my mind – that Abbott and his team did not gain power by a military coup, but were democratically elected. In fact, according to polls, more than 50% of those surveys favoured his philosophy. People voted this way because of some vague idea that they would somehow get more money in their hip pockets, and I doubt of such folk gave much heed to the fact that conservative parties in Australia ALWAYS have an anti social-justice, anti-environment, pro big business agenda.
I wonder how many people who are now complaining about what Abbott is doing fall into this category. Surely a case of Bed…made…lie.
Alan Smith:
Um… doesn’t a democracy usually have a group called the opposition? Or is that notion a bit old fashioned?
Where is Shorten and Labor.
They should be hammering the media with this one.
I fear Shorten is simply not up for the job – it is time he let someone else have a go at leading Labor.
The EVIL CULT aka ABBOTT GOVERNMENT continue with their Fascist agenda.
They cannot bypass review as long as there is parlamentary privilege and a press hungry for ratings. We just need an opposition spokesman driving the press into asking the rabbott questions. The rabbott will lie to save himself, if put under pressure. Surely 7 and 9 can be ‘guided’ into asking questions? Surely labor can answer every media question with a question about the experiences of the robb’s, hunts, pynes, morrisons and the rabbott. How about a lie of the day, week year millennium? Please little billy ‘come out to play’ or retire.
ps play in the streets and BBQs not in the closet
pps will labor give bipartisan support?
ps Alan have you been to military/police functions? Did you feel that this was a place of the swinging voter or hard line believer? Were you a comfortable listener? Did you attempt to introduce any facts that may challenge the beliefs espoused(ranted??)over the beers and snags? Or sigh, change the topic, talk to the waiters and go home ASAP?
Arguably, the rabbott achieved government by a coup over Turnbull, certainly used military tactics against Gillard, constantly day after day for three years, and his rhetoric was aimed at ensuring support in the military and paramilitary.
Lying, racist, homophobic, misgoynist, fascist wing nuts, the lot of them. Of course, for merely pointing out the obvious, I expect to be dragged from my bed any night now by Mick Keelty’s boot boys. Just as well theaimn.com is not registered in Australia, but the site owners better use WhoisGuard to protect their identities… if it’s not too late and ASIO already has them in their sights.
What would have happened to Dr Haneef under these new laws. What rights would that ill lady they deported, leaving her son not knowing where she was, in care.
Sorry, a bit off topic but worth sharing. We have known for a long time that the promises were crap but they just can’t help twisting the knife (ie. ‘…. no cuts to the ABC or SBS’.)
http://m.smh.com.au/federal-politics/political-news/abc-and-sbs-facing-200300-million-shared-cuts-over-five-years-20141111-11kecn.html
“Scott Morrison has introduced another new draconian Bill called “Australian Citizenship and Other Legislation Amendment Bill 2014″. It gives him the unreviewable power to cancel the citizenship of any Australian without any criminal conviction at all. Think about that. Being able to lose your Citizenship despite not having been found guilty of a criminal offence. (P.S This is not just for refugees but EVERYONE not born in Australia).” Is this correct? Where in the bill does it say this?
anne..
This comes from the Parliamentary reading by Paul Fletcher
“On occasion, the minister makes personal decisions under the act. The bill makes it clear that the minister can specify that such a decision is made in the public interest. As it is not appropriate for merits review to be available in respect of decisions that have been made by the minister personally the bill protects them from merits review. ”
“The bill expands the minister’s power to revoke citizenship when satisfied that the person became a citizen as a result of fraud or misrepresentation, by allowing revocation without a prior criminal conviction for fraud. In line with other revocation provisions, the government intends that the minister must be satisfied that it would be contrary to the public interest for the person to remain a citizen.”
“The ‘good character requirement’ extends to everyone who applies to become a citizen aged 18 years and over. The bill amends these provisions to require applicants aged under 18 to also be of good character.”
Morrison can unilaterally decide it is “contrary to the public interest” for someone to be a citizen and the decision cannot be appealed. He overrides the Administrative Appeals Tribunal.
Kaye ..,,,, your answer to anne, utterly horrifies me. Not saying that it is not true – it was mentioned in your article. ………
What I AM saying is, with Morrison at the helm … and having those powers, just about anything could happen – and most likely will. …. Being the abusive and cruel character he is, he has a ball park to play in, with these powers under this Amendment Bill – which came into being during this Governments first year in tenure.
AND it was ( if I read it correctly ) introduced by Morrison himself – ….. It was purely for his own self-interest, and intent.
,,,,,,,,,,,,
Morrison is an abomination …. and if possible, worse than abbott and pyne combined. ………. Joe the Hock disappeared a little while back, somewhere. Probably sitting scratching his .. er …. head ? while seeking the merest peek at a wind turbine somewhere in the distance !!
You are so right …….. this is NOT democracy ,,,,,,,,,,, not within a bull’s roar of it.
Hockey is busily trying to find a way to blame Labor for the $51 billion black hole that he will shortly be revealing in this year’s MYEFO. He is juggling figures and working out how to present them. Apparently he is going to include savings from measures that have not passed the Senate to make things look better. I wonder how many times he will mention Labor in his THIRD fiscal document.
This has its origins in the primary lie; that all Islamics are potential terrorists. The truth of the matter is that the only terrorists are Israelis, but who recruit mercenaries to present as Islamics to do the prescribed ongoing terror we see in the Middle East.
Most comments in response to the article are pure scaremongering. The amended bill is a counter terrorism measure and long overdue. Anyone denying that there is a threat of terrorism is living in dreamland.
anthracen,
Terrorism is a real threat, political corruption is a constant occurrence.
I am not opposed to measures that make it less likely that fundo-nutjobs will harm me and mine to advance their twisted idological agendas.
I am, however, very wary of extra-ordinary powers, including unwarranted detention and arbitrary revocation of citizenship, being given to cynical, opportunistic politicians without any safeguards of regulation and oversight to prevent misuse and abuse, particularly when those politicians refuse all proposed measures of basic accountability regarding their own conduct (eg ICAC investigation, substance testing).
An increase in powers should come with an increase in accountability, and this is conspicuously lacking.
Nobody is denying the threat of terrorism anthracen, what is being disputed is the extent of that threat and how it’s being used for political purposes, not public security.
What is the greatest threat to your life anthracen? It won’t be terrorism, that would be so far down the list as to be insignificant, but those things that are a threat to Australian lives, especially to women’s lives and security, are largely ignored and underfunded by the government.
It’s a matter of priorities and allocation of funding and resources, yet those things that are of the greatest threat to lives in this country are getting far less funding and resources, or none at all, than something that is least likely to harm them. On top of this we see governments and individual ministers giving themselves extraordinary powers that usurp democracy and undermine freedom whilst themselves engaging in the scaremongering you accuse most comments here of.