Adam Bandt (Melbourne, Australian Greens) Share this | Hansard source

Firstly, I wonder whether a written copy of the amendment to the contingent motion is available. It has not been made available to us. Secondly, I move:

That all words after "That" be omitted with a view to substituting the following words:

"the second reading debate on the Migration Amendment (Removal and Other Measures) Bill 2024 not be resumed until the next day of sitting".

This is extraordinary. Legislation was first made available and introduced to the parliament this morning. Usually it then gets deferred to another day so that people have time to consider it and make considered contributions. When we are talking about something so vital as the relationship between this parliament and the High Court, and the constitutional rights of people and what it means for immigration in this country, and when we see a bill that is introduced here that, in the time that we've had available to look at it, says in express terms 'even if someone has a genuine fear of persecution' they can be forced to do things that could see them put in jail if they're not prepared to go back to the country that they fear being persecuted in—we should have time to consider that and we should have time to debate that and scrutinise it.

Despite what the Leader of the House said, nothing in the immigration minister's speech talked about the urgency of this. It was boilerplate rhetoric that could have been written by the coalition, about maintaining strong borders—and no doubt the coalition is going to get up and talk about how this was all there idea to begin with. Nothing was put forward that justifies us losing the usual rights that everyone in this parliament has to consider such important legislation.

On our reading of the legislation, this could occur: a mum who refuses to sign a passport application for her children to be returned to Iran, where they have a fear of persecution, could be put in jail—not only could be put in jail but with a mandatory minimum sentence. Labor's party platform says Labor opposes mandatory minimum sentencing. No, you don't! It's in this bill! You're saying that someone who has a genuine fear of persecution for themselves or their kids can end up in jail—and not just once but repeatedly. As we read this bill, in the short time that we've had available to digest it, the minister can say: 'I give you a direction to apply for a passport for you and your kids to go back to a place where you have a genuine fear of persecution, and if you don't comply you get put in jail for a year, minimum.'

I want to hear from the minister how he is going to explain what happens when the first woman who is sent back to Iran under this legislation gets put in prison and what happens when the first person who has fled Russia because of a fear of persecution gets sent back there and is no longer contactable. They're the kinds of things that everyone in this place deserves the time to consider and answer.

What we do know—the only glimmer that we've had—is that there is a court case that is on foot where someone is fearing persecution on the basis of their sexuality and their religion. They've identified that; they've stuck their hand up and said that. And before even letting the court decide, the minister says: 'We now want the unilateral power to send you back to a country where you face persecution, where you have a genuine fear that you, yourself, are facing persecution. If you don't do it, we'll lock you up with a mandatory minimum sentence, because Labor has thrown that principle out the window.'

This is Labor desperately trying to outflank the coalition in a race to the bottom on immigration, which is only going to whip up attacks on migrants and more racism in our community. I've got a lesson for the government, a piece of advice: don't try and engage in a race to the bottom with the Leader of the Opposition, because there's nothing he won't do. He has built his career on punching down and demonising people.

To come in here and say, in a speech that could have been written by the Leader of the Opposition himself, 'We are tough on borders'—no. It'll be this today and it'll be something else tomorrow. We were in exactly this position last year, we're in this position now and we're going to be in this position again and again.

If you want to know why Labor's vote went backwards at the last election, why the coalition's vote went backwards and why you have more third voices here than ever before, it's because people want scrutiny over the dirty deals that get done by Labor and the opposition, especially when it comes to people's rights and protecting them. That's why the debate should be adjourned.

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