Michael McCormack (Riverina, National Party, Shadow Minister for International Development and the Pacific) Share this | Hansard source

The government has introduced the Migration Amendment (Aggregate Sentences) Bill 2023 with the intention that will amend the Migration Act 1958 to establish a consistent approach across the provisions of the Migration Act as well as Migration Regulations 1994 in relation to sentencing for offences. The coalition supports a rigid, strong approach, ensuring that visa holders who are in Australia uphold the laws of this country and pass a character test to remain here. The need for this bill follows the decision of the full Federal Court of Australia in Pearson v Minister for Home Affairs [2022] FCAFC 203 Pearson. In Pearson, the Federal Court relevantly held that, in effect, an aggregate sentence—a single sentence for more than one offence—imposing a term of imprisonment does not in and of itself constitute a substantial criminal record within the meaning given by subsection 501(7) of the Migration Act, particularly 501(7)(c), even in circumstances where the sentence is to an aggregate maximum term of imprisonment of four years and three months in respect of 10 offences.

People who come here and are in Australia need to uphold the laws of this country. It's in the Citizenship Act, it's part of the visa requirements, and people must know that they need to uphold and respect the laws of this nation. If a non-citizen breaks the trust of being allowed into Australia by being found guilty and convicted of certain serious offences—pose a risk of safety to the Australian community—then they do not pass, absolutely do not pass the character test, so they should be considered for visa refusal or cancellation. It's a great privilege to be allowed to enter Australia. It's a great privilege to be a citizen of this country. This bill clarifies the longstanding understanding of how aggregate sentences are treated in relation to the cancelling of a person's visa on said character grounds.

Following the Federal Court's decision in the Pearson case there is uncertainty surrounding the ability for the minister to cancel someone's visa based on how a court imposes a particular sentence. The opposition does support this bill. We feel it does bring clarity to the situation. But in the same instance I support the member for Wannon's amendment to make sure that this bill is better, to make sure that it serves the purpose in a better way. We know that Labor does not come to this place with a good record on migration. We absolutely want to make sure that there is clarity around this bill, to make sure that it works effectively and to make sure that people who are in this country pass the character test.

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