Tony Abbott (Warringah, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source

My question is to the Prime Minister. I refer the Prime Minister to his confirmation in question time today that the decision to grant permanent protection visas, rather than temporary safe haven visas, to SIEV 36 passengers was made by officials. I ask the Prime Minister: why was such an important decision on such a serious matter, involving the deaths of five people, delegated to bureaucrats rather than the minister taking responsibility? Where does the buck stop for this decision?

Kevin Rudd (Griffith, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

I thank the Leader of the Opposition for his question. In answering his question, I also ask him and his relevant shadow minister to reflect carefully on the answer given by the Attorney-General to an earlier question. That is one point. Secondly, in relation to the visas to which the Leader of the Opposition—

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

Mr Pyne interjecting

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The member for Sturt!

Kevin Rudd (Griffith, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

In relation to the matters raised just now by the Leader of the Opposition, I also draw his attention to the fact that the decision concerning those visas was also made after consultation with the NT police responsible for the investigation. I also refer the Leader of the Opposition to the following advice I have received from the Minister for Immigration and Citizenship—that is, that under section 501 of the Migration Act people convicted of serious crimes who were found to have failed the character test can have their visa cancelled.

The minister for immigration also advises me to remind members—and in his case senators—that, as applies in all similar cases, assessments under section 501 are contingent on convictions for serious crimes. That goes to the heart of it. I refer to the advice which I have been provided with by the minister for immigration. I refer the shadow minister and the Leader of the Opposition to the earlier comments from the Attorney-General about the importance of ensuring that this legal process is properly protected.

Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

Mr Speaker, on a point of order: he has to be relevant. The Prime Minister cannot mislead the House. The section says ‘the minister reasonably suspects’—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The member will resume his seat.