MS23-002374 -Seeking Amendments To The Migration Regulations 1994 For In Response To Nzyq, Date Of Clearance 20 November 2023 ​

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This submission to the Ministers for Home Affairs and Cyber Security dated 20 November 2023 proposes amendments to the Migration Regulations 1994 following the High Court's NZYQ decision (8 November 2023), which declared unlawful the detention of a non-citizen with no realistic prospect of removal. The submission responds to the Migration Amendment (Bridging Visa Conditions) Act 2023, which commenced 18 November 2023, enabling authorities to impose stringent Bridging (Removal Pending) visa (Subclass 070) conditions including electronic monitoring and curfews with mandatory minimum criminal sentences. As of 20 November 2023, 93 detainees had been released from detention and granted bridging visas following the decision. Internal consultations included the Legislation Branch, Status Resolution Branch, National Removals unit, and Australian Government Solicitor, with the Acting Secretary consul