Matt Thistlethwaite (Kingsford Smith, Australian Labor Party, Assistant Minister for Immigration) Share this | Hansard source

I wish to point out to the House that the individuals that will be subject to the Migration Amendment Bill 2024 generally have very serious and/or lengthy criminal records and their visa cancellations have been determined based on the national interest and the expectations of the Australian community. In almost all cases before a person's visa is cancelled they are issued with a warning letter. Many of these individuals are issued with several warning letters—not one but two, three or four—before the decision is made to cancel their visa. In all cases, people are offered procedural fairness and the opportunity to respond to a prospective cancellation of their visa. We are talking here about individuals who have committed serious crimes and it is the expectation of the Australian community that they will no longer be able to hold a valid visa here in Australia. It must be recognised that we need a robust legislative framework that allows us to manage the migration system in the interests of the Australian people and, most importantly, meet the expectations of the Australian people about keeping Australians safe. There is no more important element of the system than decisions on who may come to Australia, who may hold visas whilst they are in Australia and who has to leave.

There is an ongoing problem that Australia faces in sending home individuals who will not cooperate with the department's removal efforts. Some of these people are in immigration detention and some are in the community on temporary bridging visas. In addition, there is a group of countries that will not accept individuals who are citizens of their country if that person has indicated they do not agree to go home. There are other countries that are very reluctant to receive their own citizens returning from Australia. This bill creates a ceasing event so that a bridging visa removal pending ceases once permission is obtained from another country for the holder to travel to and remain in that other country and a notification of grant of that permission or authority has been given. This will allow us to negotiate agreements with third countries about acceptance of noncitizens who have exhausted all avenues to stay in Australia but who cannot be removed to their home country.

I can confirm that Australia does not return individuals to countries in respect of which they have been found to engage Australia's non-refoulement obligation. That is an important point to make—that non-refoulement obligation will not change under this bill. However, for persons found not to engage Australia's non-refoulement obligation and who have exhausted all avenues for appeal and have no lawful basis for remaining in Australia we need to use all our tools and levers to remove them from this country.

Further, the bill provides that disclosure of personal information to foreign countries may be made in support of determining whether any noncitizens may be removed except where Australia's protection obligations are in play. This bill also includes amendments that would clarify that officers under the Migration Act and the Community Protection Board may continue to take into account spent convictions when making decisions or recommendations on community protection or character-related matters. The bill also includes amendments to ensure that sufficient legislative authority is in place to support unauthorised spending on third country resettlement and Commonwealth action in relation to third country resettlement should that be required.

The various provisions in the amending bill are necessary for maintaining a robust and effective removal program for those who have no right to remain in Australia but can no longer be detained. This bill sends a very strong signal about Australia's intentions and expectations of cooperation with removal efforts, and reinforces the integrity of the overall immigration system. But, most importantly, it is about ensuring that we are maintaining the safety of the Australian population, which is certainly what they expect from their government. I commend the bill to the chamber.

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