Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Hansard source

I thank the honourable member for her question. Last Thursday the High Court delivered its decision on the challenge to refugee processing of offshore arrivals. It is very important to be clear about what this decision did and did not do. The court has found that the refugee status assessments and independent merits review is subject to judicial review in some circumstances relating to procedural fairness. Importantly, this decision has no impact on the government’s capacity to establish a regional processing centre which would be operated as part of an international framework. However, there are doubts and serious questions about whether decisions made by Australian government officials in third country processing would be subject to judicial review where they are not part of an international agreement and where they are not partnered with international organisations.

I note that the opposition have sought legal advice on the issue of whether the Nauru solution would be made impractical by the High Court’s decision. They got it from their preferred independent and impartial legal adviser, Senator Brandis. I am sure the House will be relieved to know that, after deep consideration in his chambers, Senator Brandis has given the opposition policy a big tick and cleared it on legal advice. But you do not always have to get legal advice from somebody who happens to be the shadow Attorney-General. There are other lawyers in Australia. For example, Julian Burnside QC was asked about this last Thursday. He was asked whether the opposition’s policy would stand up. He said, ‘I think there is a respectable—

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