Andrew Wallace (Fisher, Liberal National Party) Share this | Hansard source

In the last sitting week, or in fact prior to the last sitting week, on 8 November, the High Court handed down its decision in which it ruled that indefinite detention of these detainees was illegal. Those opposite, the government, said there was nothing they could do. We on this side of the House were urging them to introduce legislation to keep Australians safe, because, as everybody I think seems to recognise in this place—not just government but every member in this place and the other place—each of us has no greater responsibility than to keep Australians safe. But the government said, 'No, there's nothing we can do; we can't legislate.' They came in here the week after that, on the Monday, saying, 'Can't legislate' and on Tuesday, 'Can't legislate' and on Wednesday, 'Can't legislate.' Then—hey presto!—do you know what happened on Thursday morning? They asked to brief the leadership of the opposition and they threw a bill on the table and said: 'There you go. There's the bill. Take it or leave it.' They gagged debate. They wouldn't allow any amendments. It went up to the Senate. And for reasons that are unknown to me, the Acting Prime Minister had perhaps a moment of reason and decided: 'Well, actually, do you know what? Those amendments that the Leader of the Opposition was proposing in that meeting on the Thursday morning actually make sense. Here's a guy who has dedicated his life to keeping Australians safe, has acted as immigration minister, has acted as home affairs minister and has been a police officer. Maybe we should do this.'

So the government came from a position of, 'There's nothing we can do' to introducing legislation, but without accepting any amendments, to then accepting the amendments of the Leader of the Opposition. But what's really concerning here, what's troubling me, is that we now know that there are 141 detainees who have apparently been released into the community.

When the home affairs minister was challenged as to why the government hadn't done anything to put some contingencies in place in the ensuing period between July of this year, when they seemed to get a heads-up from the High Court as to how this was going to go, and 8 November, the home affairs minister went on Sunday Agenda with Andrew Clennell on Sky and indicated, 'We were advised that it was likely that the Commonwealth would win the case—that is, allow us to do what we wanted to do, which is keep these people in detention.

That's what she told Sky News'sSunday Agenda on 19 November. But what we now know, as a result of some good work done by Andrew Clennell, is that while she was saying those things she was in furious discussions with other countries and with the embassy in DC, trying to ensure that this individual, NZYQ, was deported from this country. It's really quite interesting. There was an email from David Gavin from Home Affairs dated 1 September 2023. He says:

The Minister for Home Affairs views this case of the utmost importance and wishes all avenues (including difficult ones) progressed. No stone should be left unturned would be an apt summary. I think a further discussion is warranted on the approach to Bangladesh, making further enquiries, and third country options for engagement.

So the Minister for Home Affairs is out there trying to get rid of this bloke, trying to get him off to another country. All the while, she's saying, 'We're not doing anything, because we think we're going to win the case.' Which is correct? The Australian people deserve answers from this home affairs minister, yet none are forthcoming.

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