Medivac loophole for refugees’ kids

Australian officials are scrambling to identify children fathered with local women by refugees in PNG and Nauru.

Immigration Minister David Coleman. Picture: Kym Smith

Australian officials are scrambling to identify children fathered with local women by refugees and asylum­-seekers in Papua New Guinea and Nauru, following advice­ they will be eligible for transfer to Australia under the Labor-backed medivac bill.

Immigration Minister David Coleman has had legal advice that children born to “transitory persons­” are considered to be “legac­y minors”, and will be eligibl­e for transfer under section 198D of the bill.

Unlike adult refugees, whose transfer must be ordered by two doctors, there is no medical requirem­ent in relation to the transfer of legacy minors under the bill.

Government sources said Australian officials were trying to work out how many children could be affected in each country. “It could be quite a large number. We really don’t know,” one source said.

The medivac bill says the secretary of the Department of Home Affairs must, “as soon as practic­able” after the bill receives royal assent — which is expected as soon as next week — identify all legacy minors in Manus and Nauru and notify the minister.

Once notified, the minister “must approve” the transfer of legac­y minors to Australia within 72 hours unless the child is subject to an adverse security assessment under the ASIO Act, or has a “substantia­l criminal record”. It’s understood the parents of the children would have to consent to their transfer.

Their local mothers would not fall within the scope of the bill, and would have to apply separately for a visa.

The government has also been advised that 58 refugees who have settled permanently in PNG are considered “transitory persons” under the bill, and will be eligible for transfer on the advice of two doctors.

While the children of refugees and asylum-seekers could come to Australia, the Coalition hardened its stance against the New Zealand offer to resettle 150 refugees a year from Australian offshore detention, saying it was even less likely since the passing of the medivac laws.

Last October, the Morrison government softened its language on the issue, suggesting if parliament passed new laws banning asylum-seekers who had been on Nauru or Manus Island from ever coming to Australia, it was possible they could go to New Zealand.

But Scott Morrison said yesterday he had no plans “whatsoever” to agree to the deal.

“The Australian government has no plans to take up that arrange­ment whatsoever and that is particularly now more pertinent on the basis of what happened in the parliament last week. I think that now makes that even more difficult than it was before,” the Prime Minister said.

Mr Morrison said the offer was “non-consistent” with the government’s border protection policies.

“We appreciate the friendliness of the offer, and its genuineness,’’ he said.

“But in terms of Australia’s securit­y interests and how we manage our borders, we don’t believ­e it is consistent with that.’’

The medivac bill created problem­s for Labor this week, with senior opposition frontbenchers contradicting Bill Shorten over his acceptance of Christmas Island as an appropriate location for the treatment of sick refugees.