So why is the Morrison Government and Australian mainstream media shouting about asylum seekers?

The Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 colloquially known as the Medivac Bill was passed by both Houses of the Australian Parliament on 13 February 2019.

This bill was originally intended to amend; “the Migration Act 1958 to: provide that, when an unlawful non-citizen is in the process of being removed to another country and the removal is aborted, or is completed but the person is not permitted entry into the receiving country, and as a direct result the person is returned to Australia, then that person has a lawful basis to return to Australia without a visa; provide that, when such a person does return to Australia without a visa, the person will be taken to have been continuously in the migration zone for the purposes of certain sections of the Act which bar the person from making a valid application for certain visas; and allow the department to use an online account to provide clients with certain legally required communications; Customs Act 1901 to: allow the department to make a recoverable payment to a person who is entitled to it; and make technical amendments; and Passenger Movement Charge Collection Act 1978 to insert a new head of power so that regulations can prescribe the charging and recovery of fees for, and in relation to, the payment of passenger movement charge or an amount equal to the charge.”

Labor, the Greens and a cluster from cross benches successfully voted to significantly amend this bill by adding clauses so that persons held in off-shore detention at Manus Island and Nauru could more easily be transferred to Australia for medical treatment in a hospital or as an out-patient while being held in an on-shore detention facility.

This new addition to migration law will only apply to detainees on Manus and Nauru. As of 3 February 2019 there are around 420 people in Nauru, just under 600 in PNG and just over 1,000 in total, with 4 children on Nauru due to depart soon [for] the US.

The relevant minister retains the ability to block medical transfer of detainees to mainland Australia on the grounds of national security or on the basis of past criminal history.

Excerpts from SCHEDULE OF THEAMENDMENTS MADE BY THE HOUSE TO AMENDMENTS MADE BY THE SENATE:

“(2A) The Minister must make a decision under subsection (2):

(a) as soon as practicable after being notified; and

(b) no later than 72 hours after being notified….

(3) The Minister must approve the person’s transfer to Australia unless:

(a) the Minister reasonably suspects that the transfer of the person to Australia would be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979, including because an adverse security assessment in respect of the person is in force under that Act; or

(b) the Minister knows that the person has a substantial criminal record (as defined by subsection 501(7) as in force at the commencement of this section) and the Minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct.

(3A) Within 72 hours of the Minister being notified under subsection (1), ASIO should advise the Minister if the transfer of the person to Australia may be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 (including because an adverse security assessment in respect of the person is in force under that Act) and if that threat cannot be mitigated….

(5) If the Minister does not make a decision under subsection (2) within the time required by subsection (2A), the Minister is, at the end of the time, taken to have approved the person’s transfer under subsection (2).”

How did this hijacking of a government bill come about?

The New Daily explained it in simple terms on 15 February 2019:

The government has lost control of the numbers in both chambers of the parliament, making it possible for an alliance of Labor, the Greens and like-minded crossbenchers to radically change legislation originally proposed by the government and then pass it into law.

This has resulted in the bizarre scenario where parliament can create laws that the government of the day opposes, such as the ‘medevac bill’.

The medevac bill was created when such an alliance hijacked a government bill in the Senate late last year that was intended to make minor adjustments to border protection laws.

They tacked onto this legislation all the elements of a private member’s bill proposed by new independent MP Kerryn Phelps, that would make it possible for the medical evacuation of offshore detainees to occur.

Embedding the Phelps bill into the government’s bill made it easier for the legislation to make its way quickly through the parliament, because government business is usually given priority over private member’s bills.

The alliance ensured that the medevac bill passed the Senate during the final week of parliament last year, but the government shut down the House of Representatives before the bill could get there for the vote that would turn it into law.

Despite this, the Coalition was defeated in a lower house vote on the legislation this week and the medevac bill became law against the government’s wishes.

The last time an Australian government lost a major vote like this, it conceded the loss was a sign that the parliament had ‘lost confidence’ in the government and called an election.

Mr Morrison has declined to take the same route.

So why are Prime Minister Scott Morrison and Minister for Home Affairs Peter Dutton screaming that the sky will now fall and Australia will be inundated with asylum seekers arriving from both Manus and Nauru and by boat from Indonesia?

The shorter answer is that a federal election will occur sometime after 2 April 2019 up to 18 May 2019 and, with voter support for the current Liberal-Nationals Coalition being low, Morrison and Dutton are looking for a scare campaign they believe will resonate across the national electorate.

When one unpacks their argument it is rather illogical.

First of all, off-shore detainees have always been able to come to Australia for medical treatment although the relevant minister also had wide veto powers and often exercised that power.

Secondly, these amendments only apply to the est. 1,000 asylum seekers remaining on Manus Island and Nauru.

Thirdly, Australia has continued to turn back people smuggling boats since 2001 – a boat was reportedly turned back in July 2018.

Finally, although boat arrivals have decreased over the years the number of asylum seekers arriving in Australia has not consistently fallen. Even in 2015 asylum seekers arriving by air on a valid visa outnumbered those arriving by boat.

The total number of onshore asylum claims for all nationalities soared 225 per cent from 8,587 in 2014-15 to 27,931 in 2017-18 with Chinese nationals making up a third of all claims over that period. By June 2018; The Home Affairs Department website shows 27,931 protection visa applications were made in the latest financial year by plane arrivals and 64,362 protection visa applications have been made by unvetted individuals who have arrived by plane while Scott Morrison and Peter Dutton were the relevant ministers.

From 2014 to 2015 a total of 160 asylum seekers arrived by boat, since then people recorded as arriving by boat have fallen to single digits.

The Abbott-Turnbull-Morrison Government has always bragged about "stopping the boats" but stays silent on the fact that asylum seekers are still coming to Australia by air rather than by sea and, they are coming in increasing numbers.

These particular asylum seekers don't give a damn about the Medivac Bill.