Security agencies warn of impact of parliamentary push to speed up medical transfers from Manus, Nauru

Up to 1000 asylum seekers on Nauru and Manus Island could be transferred to Australia within weeks under a Labor-backed Bill before parliament, security agencies fear.

Asylum seekers on Nauru and Manus Island could be transferred to Australia within weeks. Picture: Jason Oxenham

Up to 1000 asylum seekers on Nauru and Manus Island could be transferred to Australia within weeks under a Labor-backed Bill before parliament, security agencies fear.

Advice from the Department of Home Affairs raises serious concerns at the plan to fast-track medical transfers for people in offshore detention.

LAST OF REFUGEE CHILDREN TO LEAVE NAURU

The Bill would force the minister to allow asylum seekers into Australia for treatment if a two-doctor panel declares that it is required — which can only be overruled on strict security grounds.

Labor is about to redouble its efforts with crossbench MPs to pass the Bill, after receiving legal advice that backs the “broadly defined” security checks. But the government’s advice says the minister’s power to overrule the medical advice is “limited”.

The department warned the minister would not be able to stop the transfer of all criminals on security grounds — including convicted rapists and murderers.

The changes would also allow for the transfer of someone who is “unreasonably refusing appropriate treatment” in Nauru or PNG.

“The Bill takes the decision-making power for border security out of the hands of government and places it in the hands of medical practitioners. These practitioners may be consulting the person remotely,” the advice says.

The advice says the medical transfer Bill could result in nearly all of the asylum seekers on Nauru and Manus — about 1000 — being brought to Australia within weeks.

It is believed senior officials from Australian Border Force, ASIO and Home Affairs contributed to the advice.

They also raised concerns about the 24-hour deadline for the government to try to stop transfers, which would limit the ability to perform security and background checks. People smugglers would also take advantage by telling clients they could get to Australia by seeking a medical transfer, according to the advice.

MORE HERALD SUN: COLES PETROL SHAKE-UP TO WIN BACK MOTORISTS

THE BABY COMPETITION RUINED BY UGLY PARENTS

MORE POLICE INFORMERS REVEALED IN LAWYER X TWIST EMERGES

Legal advice from Melbourne barrister Matthew Albert, seen by the Herald Sun, says the security definition used in the Bill is strong enough to give the immigration minister of the day enough personal discretion to overrule a decision on security grounds.

“The law applicable to a person transferred temporarily under the Medical Evacuation Bill, if passed in its current form, includes security checks and empowers the minister to have regard to any security issues, as broadly defined, at multiple stages of the process,” Mr Albert wrote.

[e-mail]