Response to COVID-19 variant underscores the need for reform to international travel restrictions system
The Human Rights Law Centre has urged the federal government to overhaul the legal framework for travel restrictions following the postponement of border changes for people on temporary visas.
On Tuesday, the federal government announced that the easing of travel restrictions for people on most visas would be delayed by two weeks to 15 December 2021. This change means people on temporary visas and humanitarian visas continue to be subject to the federal government's flawed exemptions process.
In November, the Human Rights Law Centre released a paper ‘Still left behind' which highlights serious problems in the federal government’s system of travel restrictions for visa holders during the pandemic. Among these problems:
Almost 10,000 people granted permanent humanitarian visas remain stranded overseas. Unlike other permanent visa holders, they are prevented from travelling to Australia without an exemption.
The process for granting exemptions from the travel ban lacks parliamentary oversight, has no review rights, is opaque, and lacks adequate grounds for compassionate exemptions.
The exemptions system fails to recognise that many people on temporary visas are in fact long-term residents of Australia. Almost 1 million people in Australia on temporary visas face a ban on re-entering the country if they leave, while others remain locked out after leaving to attend funerals or visit loved ones.
Scott Cosgriff, Senior Lawyer, Human Rights Law Centre:
“Developments like this new variant only reinforce the need to replace the flawed and hastily constructed system for travel restrictions with one that is fair and transparent.
“The reality is that people who are granted exemptions from the blanket travel ban continue to be allowed to enter Australia, but the exemptions system ignores people with compelling and urgent needs.
"Lost in the federal government's announcements is the reality that many of the people affected are Australian residents who remain cut off from their homes and families in Australia. Our friends, neighbours and colleagues on temporary visas should not be treated differently to others who are finally making their way home.
The Human Rights Law Centre's paper set out five elements of a fair and inclusive plan for easing travel restrictions. Steps include establishing automatic exemptions for people living in Australia on temporary visas and for refugees granted humanitarian visas, replacing the flawed inward travel ban and exemptions process, and scaling up refugee resettlement to make up for shortfalls since March 2020.
The Morrison Government must commit to these reforms for any continuing or future border measures.
“The Morrison Government must also ensure that it is not turning its back on its commitments to refugees and that any restrictions on travel are fair and transparent,” Cosgriff said.
Media contact:
Michelle Bennett, Engagement Director, 0419 100 519, michelle.bennett@hrlc.org.au