Immigration detainees face jail time if they refuse to cooperate in deportation from Australia

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Labor brings forward urgent bill, which would also create power to impose a bar on new visa applications from non-citizens in designated countries

Immigration detainees are being threatened with a minimum of one year in prison if they refuse to cooperate with efforts to deport them, under an urgent Labor bill to be introduced on Tuesday.

The bill requires non-citizens “to cooperate in efforts to ensure their prompt and lawful removal”, creating criminal penalties that could apply to a class of detainees that includes two plaintiffs before the high court challenging the legality of the detention of people who refuse to cooperate with deportation.

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More than 110 “involuntary individuals”, whose home countries will not issue a travel document or facilitate removal.

More than 40 who could fall into scope who have not yet lodged protection visa applications.

More than 20 who have asked to be deported – which enlivens a statutory obligation for them to be removed – but their cases have not been referred to Australian Border Force.

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