The Turnbull government's proposed lifetime ban on resettled asylum seekers receiving visas to visit Australia is “severe and exceptional” and could disproportionately target people on the basis of race, a parliamentary committee has found.
Scrutiny of the lifetime visa ban by the Liberal-majority Human Rights Committee found there was no reason why refugees and asylum seekers held in immigration detention on Nauru and Manus Island should be banned from visiting Australia for business or tourism in the future.
Chaired by Liberal MP Ian Goodenough, the committee found the ban could be unnecessary because there is no suggestion that any detainee being held presents a danger to Australia or that any future visit could have any adverse effect on national security.
“As such, the ban would appear to apply a penalty on those who seek asylum and are part of the regional processing cohort,” the report said.
“The right to seek asylum, irrespective of the mode of transit, is protected under international law
“The ban may also have a disproportionate negative effect on individuals from particular national origins; nationalities; or on the basis of race, which gives rise to concerns regarding indirect discrimination on these grounds.”
Released on Tuesday, the report noted the laws were designed to prevent others embarking on dangerous boat journeys to Australia, but the plan would apply "an unlawful penalty" for seeking asylum in contravention of the United Nations Refugee Convention
The committee has asked for Immigration Minister Peter Dutton to provide more information about the bill's human rights compatibility.
It would make any adult sent to Manus or Nauru after July 19, 2013, ineligible to make a valid visa application in Australia.
The ban was already viewed as unlikely to pass the Senate, with key crossbenchers including David Leyonhjelm and Derryn Hinch expected to oppose the controversial bill.
Failure to pass the measure would be a blow for the Dutton and the government, but is unlikely to endanger a deal between with the outgoing Obama administration to resettle refugees on Manus Island and Nauru in the United States.
Labor and the Greens have pledged to vote down the lifetime visa ban.
The Department of Immigration confirmed this week at least 857 people had expressed interest in the US resettlement plan, including some of the 377 people who have been temporarily transferred to Australia from Nauru or Manus Island for medical reasons.
A spokeswoman for Dutton said the government's resolve to pass the ban was as strong as ever and called for Labor's support.
“The bill is an important part of the government's commitment to stopping the people smugglers,” she said.
Government members of the committee issued a statement on Tuesday night saying the report's content reflected legal advice, and not the opinions of MPs.
Goodenough and the four other Coalition MPs said they supported the bill and wanted more information from Dutton.
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