The Government bill that could see asylum seekers banned from having mobile phones
The Federal Government is trying to pass a new asylum seeker law.
It argues the Australian Border Force needs new powers to seize any illegal drugs or pornography held by asylum seekers.
Critics say the new law will mean the Government can seize asylum seekers’ mobile phones, ridding them of their lifeline to lawyers, family and activists.
Here’s everything you need to know.
The Context
When a refugee or asylum seeker comes to Australia, the Federal Government places them in immigration detention.
There are currently around 1,500 refugees and asylum seekers in detention centres around the country and off-shore.
According to the Refugee Council of Australia, the average number of days spent in detention is 553.
The Law
The Federal Government is trying to pass a new law that would give the border force the power to take away any “prohibited thing”.
Immigration Minister Alan Tudge says the law is needed to seize illicit drugs and pornography in detainees’ possession.
Activists fear the Federal Government is actually trying to get the powers needed to take away phones, SIM cards and other ways refugees and asylum seekers communicate with the outside world.
They say there are two main problems with the bill.
1 - THE GOVERNMENT GETS TO CHOOSE WHAT A "PROHIBITED THING" IS
If the law passes, the Immigration Minister would be able to choose what is and isn’t a “prohibited thing”.
Activists fear the law would give the Federal Government the ability to ban all mobile phones in detention.
2 - THE POLICE CAN AND DO CATCH ILLEGAL POSSESSIONS IN DETENTION
In June, a Brisbane-based detainee was charged with possession of child pornography.
The border force tipped off the police and within 24 hours charges were laid.
Activists argue this shows the law isn’t necessary - the police catch out illegal behaviour already.
Will the bill pass?
The vote of a single Senator will decide whether or not the bill passes.
Tasmanian Senator Jacqui Lambie has yet to make up her mind on the bill - and she’s the deciding vote in the Upper House.
Last year, after months on the fence, Senator Lambie supported the Medevac law that allowed sick refugees and asylum seekers off-shore to come to Australia for emergency medical treatment.
The quote
“For many people in immigration detention, mobile phones are a lifeline. They have been particularly vital during the COVID-19 pandemic when asylum seekers and others in immigration detention have not been able to receive outside visitors”
Human Rights Commissioner Edward Santow.