Steve Irons (Swan, Liberal Party) Share this | Hansard source

I rise to at some remarks to the Migration and Maritime Powers Amendment Bill (No. 1) 2015. I thank the member for Corio, as he leaves the chamber, for his support for the bill as well. Madam Deputy Speaker, I must say it is great to see you in the chair in this chamber. I would also like to provide the House with some context and comment to the changes being made.

With approximately 37,000 kilometres of shoreline, Australia's migration and maritime powers remain of the utmost importance in maintaining border security. As a nation, Australia is able to offer some of the best levels of education, health care and welfare around the world. It is a highly appealing country because of its willingness to give everyone a go, regardless of their background, and our propensity for backing the underdog. All of this has contributed to the diverse society that we can be so very proud of. To maintain all that we have achieved as a nation, there is a need for the bills and amendments like these to ensure we are able to maintain our freedoms and strengthen our nation as a whole.

I refer to the Migration Act 1958—not a bad year to be born in. In the decade preceding this act, Australia had participated in World War II. Following the cessation of war there was a prevailing attitude among Australians that we as a nation had to 'populate or perish'. As a result we began to look towards northern and eastern European countries, which had been ravaged by war, to provide migrants in numbers sufficient for us to populate as we required. In the 10 years following the end of the war—1945 to 1955—Western Australia's population alone increased by 169,000 people, and this influx, to some extent, continues today. There is broad support for a strong immigration program in this country, as long as it is through legal means.

As Australians, we celebrate the moment when immigrants commit to Australia and its values and become Australian citizens. On a local note, I was very pleased to attend another citizenship ceremony at the City of South Perth last week, which gave me an opportunity to congratulate 79 people of the electorate of Swan on officially becoming Australian citizens. According to the latest census, almost 48 per cent of my constituents were born outside Australia. In the eight years I have been a member of parliament, I have noted the relative harmony that everyone within my electorate lives in, which, in my view, is down to a strong commitment and love of Australia. We enjoy our great diversity throughout the year with community events that include live music, food stalls and performances. It is always a pleasure to be a part of these local events that acknowledge just how important our history of migration is—not only to the electorate of Swan, but to electorates across Australia. Migration has played a major role in the development of local communities and still continues to do so.

Today, though, I want to discuss why we must remain vigilant in adjusting and improving migration and maritime laws so that we are able to maintain and protect our way of life. The amendments in this bill will play a key role in strengthening and clarifying the legalities of the legislation to ensure the removal of any inconsistencies which could potentially threaten the way of life that all of us in this place strive hard to protect. The amendments are necessary improvements that will further this government's ability to safeguard Australia's national security and the lives of every Australian. The coalition government has a solid reputation and proven track record in achieving this, with our strong stance on border protection in regard to those who attempt to seek entrance into our country illegally.

The coalition has again and again demonstrated its ability to maintain our country's border security. Operation Sovereign Borders has been a very effective policy which has stopped the boats and actively deterred illegal immigrants and people smugglers—something the current opposition struggled with, moving from one failed policy to the next, during the previous period of government. I must admit it was encouraging to hear the member for Corio talk about his commitment to the protection of our borders and that we must not allow people to drown at sea anymore. To hear that from the shadow minister is very encouraging.

The amendments made in the migration and maritime powers bill are both timely and extremely important to Australia's national security. The amendment bill is an omnibus bill which effectively covers a range of technical issues and significantly improves its role in government policy.

Schedule 1 ensures that when an unlawful non-citizen is removed from Australia and for any reason needs to be returned to Australia before entering their destination country, the person will be legally able to re-enter without a visa. I understand there have been some unusual cases where this has been an issue in the past, so this change makes sure that these rare circumstances can be dealt with quickly and effectively. It is noted that the person who is returned in this circumstance will be considered to have never left the migration zone and the same visa application bars will continue to apply. This amendment to the aborted removal law effectively clarifies the status of non-citizens in the situation described and tightens loopholes and oversights of the original act.

The character related amendments outlined in schedule 2 of the bill assist in strengthening the framework established in December by the Migration Amendment (Character and General Visa Cancellation) Act 2014. The amendments made last year sought to enhance the character and general visa provisions to ensure any non-citizens that participate in criminal activity or pose a security risk to the Australian community are liable for visa refusal or cancellation. Last year, we also introduced mandatory cancellation of visas for non-citizens in prison who pose a risk until they had been assessed and their immigration status has been determined. The amendments in this bill greatly complement those made last year, ensuring confidential criminal intelligence—that is, of a critical nature to the decision making process—can be protected. This also sees the alignment of the term 'character concern' with the 'character test' so that the government and associated agencies are able to identify and assess non-citizens who pose a threat to our security.

I move now to the amendments made in schedule 3 of the Migration and Maritime Powers Amendment (No. 1) Bill 2015. The amendment clarifies that a person who has been refused a protection visa application made on their behalf will no longer be able to make further protection visa applications, regardless of changing grounds or criteria. This is a very important amendment as it prevents a non-citizen from forestalling their departure from Australia. It effectively stops non-citizens using applications as a delaying tactic in an attempt to stay in the country. I am certain the amendment will ensure the law fits the government's original intention behind this section of the act. I know that in my electorate, and I am sure in most of our electorates, there have been many instances where non-citizens have used multiple applications as a delaying tactic in attempting to stay in this country.

Continuing with schedule 3 amendments, I consider the clarification made in regard to fast-track applicants to be a fair and just improvement to the laws under review. For the purpose of this amendment, I note these fast-track applicants are those unauthorised maritime arrivals in Australia who arrived on or after 13 August 2012 and before 1 January 2014 and any other person or persons specified by the minister and conforming to the legislation. The amendments being made allow fast-track applicants who have been refused a protection visa on either character or security grounds the opportunity to apply for review of the decision. All reviews will be handled by the Immigration Assessment Authority, which is a subsection of the Migration and Refugee Division of the Administrative Appeals Tribunal. This amendment plays a critical role in demonstrating that the government is committed to dealing with noncitizens posing a risk to the community in a fair, comprehensive and efficient manner.

These amendments also clarify the understanding of ceasing visas. All visas held, regardless of whether or not they are in effect, will be ceased if a ceasing event occurs—a ceasing event being a cancellation or refusal of a visa. Prior to this amendment, there was some grey area in the case of a visa cessation, allowing argument for a dormant visa to be exempt from cessation. The clarification ensures all visa ceasing provisions will be interpreted consistently and in line with the government's intentions for this policy. Regardless of the status of the visa, dormant or otherwise, it will be subject to the provisions outlined in the act. The schedule 4 amendments are associated with the Maritime Powers Act. The amendment confirms that powers under the act are allowed to be invoked 'in the course of passage through or above the waters of another country' in a manner that conforms to the United Nations Convention on the Law of the Sea. Schedule 4 details three criteria to which the situation must conform in order to exercise the maritime powers outlined. This amendment highlights the government's intention to ensure all action taken under the Maritime Powers Act is consistent and in line with the United Nations Convention on the Law of the Sea. It is an amendment which illustrates the government's priority of maintaining maritime security whilst conforming to international law as a global citizen.

To make some general points, the amendments outlined are an important step towards eliminating the loopholes in the migration and maritime laws. The amendments are fair and provide all parties involved with the opportunity for review with the AAT, whilst keeping Australia's security interests at the top of this government's priority list. Perhaps the most important amendment in this bill is the improvements made to the mandatory cancellation provisions under the Migration Act. It provides the government with the ability to ensure noncitizens of character and/or integrity concern are available for removal, given they are unsuccessful in having their visa reinstated due to the risk they pose. I see this to be a crucial amendment to the bill, providing the government and associated agencies with the means to act on information that proves a noncitizen to be of character concern to Australia's security and the safety of all Australians.

I would like to take the opportunity to thank the minister and the department for their efforts in improving the bill and commend their development of the amendments discussed. I am certain the amendments will strengthen and clarify the legal framework in the original acts and provide consistent interpretation of the original policy. It is another positive step towards ensuring Australia's national security is maintained. I endorse and support the amendments made to the legislation as an important step in ensuring the law operates in accordance with the government's policy intention.

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