More asylum seekers will be spared from a fast-tracked processing system after the Senate voted to dump new migration laws.
Greens senator Nick McKim's dis-allowance motion has passed the upper house 33 votes to 29, repealing a move to put more boat arrivals on the fast-track.
The move would have applied to a so-called "legacy" caseload of 108 people who arrived by boat before 2014 and were already living in Australia.
Cabinet minister Nigel Scullion says the legal instrument aims to resolve asylum seekers' status. But Senator McKim has told parliament, the government doesn't care about asylum seekers.
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