House debates

Monday, 13 November 2023

Questions without Notice

Immigration Detention

3:06 pm

Photo of Andrew GilesAndrew Giles (Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs) Share this | Hansard source

I thank the shadow minister for the question. Perhaps I can begin by reminding him and all members that last Wednesday afternoon the High Court handed down a decision which required the release of individuals from immigration detention. The High Court handed down a decision which we, of course, are complying with. I would say that, as we heard earlier, not every Australian government has complied with the requirements of the law nor respected separation of powers. Can I say this too? The Commonwealth argued against the decision that ultimately the High Court maintained. But, of course, we were prepared, as I think the shadow minister's question suggests, for this outcome because of the significance of this case. Members would appreciate that the case has overturned a precedent of nearly two decades.

Throughout this, community safety has been our No. 1 concern, and I say to the Australian community that it will continue to be our No. 1 concern. I hope that that is the concern that is echoed across this chamber and in the other place. To that end, the Australian Federal Police and the Australian Border Force have been working closely with our state and territory authorities. I'll make very clear that that cooperation through the ABF commenced prior to the decision being handed down. In recognition of our apprehension of the seriousness of an adverse decision to the Commonwealth, we took those steps in advance of it. We also established a joint operation with state and federal—

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