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The Gillard government's move to amend migration laws is in limbo

LABOR's bid to put offshore processing of asylum-seekers beyond doubt is on hold, with parliament rising tonight without a vote.

THE future of Australia's border protection system will remain in limbo for more than a fortnight, with parliament rising tonight without a vote on legal changes to put offshore processing of asylum-seekers beyond doubt.

Labor believes it has the numbers to get its proposed Migration Act amendments through the House of Representatives, but there will be no vote until after parliament resumes on October 11.

The fate of the proposed government amendments, aimed at circumventing a High Court ruling declaring its Malaysian refugee swap unlawful, would then be decided in the Senate where they still face almost certain defeat.

Labor is counting in the lower house on the support of crossbenchers Tony Windsor, Rob Oakeshott, Bob Katter and Tony Crook to pass the changes, which would require offshore processing destinations to comply with the UN refugee convention without having to sign the treaty.

But the government was unsure it had sufficient support to guillotine debate and bring on a vote tonight.

The government plans to use its anticipated victory in the House of Representatives to intensify pressure on the opposition, blaming it for all further boat arrivals if it fails to lend its support in the Senate.

But Opposition Leader Tony Abbott has vowed not to support the government's amendments, saying they offer insufficient protections for asylum-seekers processed abroad.

He is proposing his own amendments to the Migration Act, requiring offshore processing nations to be UN convention signatories.

But his amendments appear to lack sufficient support.

Mr Oakeshott's support is contingent on the House backing his own amendment to the Migration Act that would commit Australia to a regional approach to addressing unauthorised boat arrivals.

The amendment will receive the support of the government but it's unclear whether it will receive sufficient support from the crossbench in the absence of Coalition backing.

Mr Crook's support is considered the most tenuous for the government. It's likely the West Australian Nationals MP, who sits on the cross bench, will face intense lobbying from conservatives when he returns to Perth.

Ben Packham
Ben PackhamForeign Affairs and Defence Correspondent

Ben Packham is The Australian's foreign affairs and defence correspondent. To contact him securely use the Signal App. See his Twitter bio for details.

Original URL: https://www.theaustralian.com.au/national-affairs/immigration/the-gillard-governments-move-to-amend-migration-laws-is-in-limbo/news-story/8edf4454895ca70bc43395e2dcc15598