Morrison government proposes ‘authoritarian-style’ law to deport migrants using secret evidence

* name changed

Chris* has only ever called Australia home, he has never been charged with a crime, never accused, never questioned. His partner is an Australian citizen, and the couple has four young children together. But his visa was cancelled and he was no longer welcome in Australia.

The government sought to revoke his visa because Chris was once a member of the Mongols motorcycle group, which was not outlawed in his state.

The government sought to revoke his visa because Chris was once a member of the Mongols motorcycle group, which was not outlawed in his state.

He appealed the decision and, in August, the federal court handed down a judgment, condemning the government’s decision and quashing the cancellation of his visa.

But the federal government is now seeking to enact new laws which would make it more difficult to challenge such a visa cancellation.

Under the proposed law, a person’s visa could be cancelled without them knowing why, or on what evidence the decision was based. Upon cancellation, visa holders would be forcibly removed from Australia, or, if they were stateless, detained indefinitely without charge or trial.

Where a visa decision has been made using “protected information” from a law enforcement or intelligence agency, no tribunal or parliament would have the right to know the information the government was relying on.

The Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill is currently before parliament’s intelligence and security committee, but the Guardian understands debate could be brought on before the end of the year.

This bill is extraordinary because it specifically prevents parliamentary committees from having oversight of the way that these laws are being implemented.

Dr Carolyn Graydon Principal solicitor with the Asylum Seeker Resource Centre

Dr Carolyn Graydon Principal solicitor with the Asylum Seeker Resource Centre

It’s a black hole from the courts, except for a very narrow judicial review exception. It’s a black hole from the parliament entirely. This is what makes it a truly authoritarian-style law.

It’s a black hole from the courts, except for a very narrow judicial review exception. It’s a black hole from the parliament entirely. This is what makes it a truly authoritarian-style law.

Dr Carolyn Graydon Principal solicitor with the Asylum Seeker Resource Centre