Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

The government does not support these amendments. I thank the member for Goldstein for withdrawing her earlier amendment because of the interaction with the government amendments. On this amendment, with respect to the member for Goldstein and those who provided her with the example she gave, there seems to be some misconception about what these new paragraphs, 359A(4)(d) and (e), of the Migration Act will do. What they do is clarify that the tribunal is not required to give to the applicant information that was included or referred to in the written statement of the decision that's under review or that's prescribed by the regulations. Because the written statement of the decision is the primary document that is relevant to the decision under review, applicants will already be aware of the contents of the written statement. They will have the opportunity to respond to any of that information during the review process, particularly at the hearing. It's not actually necessary for the tribunal to separately draw this to an applicant's attention. Very importantly, proposed section 359A does not prevent the tribunal member from putting information to an applicant if they consider it necessary and conducive to the review process.

The government and I accept the vulnerability of many applicants in migration review processes, but, as far as possible, I can assure the member for Goldstein that, contrary to her suggestion to the House that this might lead to longer decisions or hearings, or her suggestion that applicants were somehow being denied the right to put submissions, that is not what this provision deals with.

This provision is a very narrow procedural provision. It relieves the tribunal from any obligation to give information to the applicant that's already included or referred to in the written statement of the decision. This narrow procedural provision won't lead to longer decisions. It won't lead to longer hearings. It won't deny applicants the right to put submissions on any matter that they believe is relevant to their situation. It's a very narrow procedural provision, and I would suggest to the House that it is likely to improve the way in which the decision-making process takes place in the tribunal.

Question negatived.

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