Graham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

I rise to voice my support for the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011. I voice the opinion of nearly every one of my constituents, I would suggest, when I affirm that the recent riots and disturbances at the immigration detention centres on Christmas Island and Villawood are completely unacceptable. Many Moreton constituents have taken the time to contact me and voice their concerns about this reprehensible behaviour. Not only did the riots cause extensive damage to buildings but this kind of irresponsible behaviour also put detention officers and fellow detainees in harm's way.

It is no secret that there are pressures on our detention system, and we are working hard to relieve that pressure by improving processing times for asylum claims and delivering a regional solution to irregular migration and people smuggling. All reasonable Australians know that we need to sort this out. On Friday I spent a day on the Joint Select Committee on the Christmas Island Tragedy, where we saw the footage of that horrific boat accident to SIEV221. It is not something at all we want to be repeated. We know that anything that we can do to prevent such an accident from occurring again should be done.

The Gillard Labor government is committed to an orderly and compassionate immigration process and we will therefore not tolerate the kind of behaviour at Villawood and Christmas Island that many Australians saw on their television screens. That is why this bill introduces tough consequences for criminal behaviour in immigration detention that enhance the current ability for the minister to consider the past and present general conduct and character considerations that still apply—I point this out in reference to some of the mistaken comments made by the member for Cook.

The bill ensures that anyone who commits a criminal offence while in immigration detention will fail the character test, thus enabling the minister to refuse or cancel a visa on this basis. So these two aspects of the immigration legislation complement each other. It means that those who commit offences in detention may be denied the opportunity to apply for a permanent protection visa. This nation will neither embrace nor protect those who bite the nation's hand.

We are not talking about a return to the harsh temporary protection visas of the Howard years, despite the bleating of those opposite. Under that regime all asylum seekers, each and every one, who were found onshore to be refugees were denied a permanent visa. That resulted in a horrible status—eternal limbo. Having spoken to many refugees who went through that process, they called it soul destroying, because of the uncertainty of not knowing. People are able to wait five, 10, 15 or 20 years if there is a light at the end of the tunnel. But the uncertainty that went with the temporary protection visas was soul destroying and horrible. They had no way forward and nothing to wait for, because they did not know whether they were going to be uprooted at any time. The other horrible characteristic was that the uncertainty meant the person had no opportunity to put their roots down in the community, to be a good citizen and to be ready to go once their status changed. By contrast, under the Gillard government system, claims for asylum will continue to be assessed on a case-by-case basis.

However, those who are involved in criminal acts in detention run the risk of being denied a permanent visa. This legislation sends a very strong and unambiguous message to those in Australian immigration detention centres that this kind of behaviour is completely unacceptable—dangerous, and therefore completely unacceptable. It will help to ensure good order in our detention centres and turn those responsible away from destructive and violent behaviour. As the law currently stands, the minister is only able to apply the character test if a visa holder or detainee receives 12 months imprisonment, or more, for an offence committed in immigration detention. This bill amends the Migration Act 1958 to allow the character test to be applied for any offence committed in immigration detention, or during an escape or after escaping, regardless of the actual sentence imposed by the courts. The changes in this bill will apply to these decisions from 26 April 2011 and will relate to offences committed before or after 26 April—that is, from the date of Minister Bowen's announcement. This applies to all people in immigration detention—onshore and offshore arrivals, asylum seekers or otherwise.

I know my electorate well, but the Australian community more broadly has expressed collective disgust at the riots and vandalism we have seen at Villawood and Christmas Island. These amendments will ensure that those who commit such offences in detention will not be rewarded. This bill also increases the maximum penalty which can be enforced for the manufacture, possession, use or distribution of weapons by immigration detainees from three years imprisonment to five. This measure will boost deterrence for the manufacture of weapons and help ensure greater safety for other detainees, detention centre staff and visitors.

When people who are close to staying in what many would see as the promised land are then given a decision by the immigration system that they are not able to stay in Australia, they can behave in a bizarre and irrational way. I understand that. I am a student of literature and it is like Gatsby's green light—the idea of something that is so close yet unable to be grasped. It can make you do bizarre and irrational things like sitting on roofs. I understand that. We have seen that ever since 21 August last year, when the Leader of the Opposition went so close to winning the election but missed out. His behaviour has been quite bizarre and irrational ever since then and it might even continue that way for the next 900 days.

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