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

My question is to the Minister for Immigration and Citizenship. Does the minister accept that Taji Mustafa, a leader of Hizb ut-Tahrir, is a member of a political movement directed towards non-peaceful overthrow of another government, such as Israel's military destruction, or that holds extremist views that are both proscribed grounds to deny Mr Mustafa's visa on public-interest grounds under the character test, under his discretion, in section 501 of the Migration Act?

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The minister for—

Opposition members interjecting—

Order! I am hesitating because I have been reading—as we have been going along—not in respect of the question but rule 101C(ii), 'questions critical of the character or conduct of other persons must be in writing.' That refers to anybody being asked a question before the parliament. I was hesitating before the Leader of the House got to his feet because I felt that the question was in breach of that standing order.

Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

Madam Deputy Speaker, on the point of order: notwithstanding the fact that the minister for immigration has indicated he is certainly willing to answer the question, I am concerned, as Leader of the House, about this. There is a reason we have a standing order on asking for legal opinions in the House.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The Manager of Opposition Business on a point of order.

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

Madam Deputy Speaker, a point of order on the two points that have been raised: one by yourself and one by the Leader of the House. In terms of dealing with the one from the Leader of the House, the minister is not being asked for a legal opinion, he is being asked why he has not acted within his own powers and his own discretion. In terms of your concern, if your concern were followed through for all questions and answers, Madam Deputy Speaker, but particularly questions, then virtually no question about the opposition or Campbell Newman or Barry O'Farrell or anybody else would be asked in this place.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

I think members of the public, who are not in office, and that is what the standing order refers to, to give them—if you want to read, I am referring to the standing orders.

Mr Randall interjecting—

The standing orders are the standing orders, the member for Canning. I am going to ask the member for Banks to resume his seat and for the member for Cooke to read the question again, in silence, so I can hear the question. That would be helpful from all members in the chambers.

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

Does the minister accept that Taji Mustafa, a leader of Hizb ut-Tahrir, is a member of a political movement directed towards non-peaceful overthrow of another government—such as Israel's military destruction—or holds extremist views, that are both proscribed grounds to deny Mr Mustafa's visa on public-interest grounds under the character test, under his discretion, in section 501 of the Migration Act? To assist the House, I seek leave to table the public interest criteria I am making reference to.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

I will allow the question in respect of the minister's responsibility. I will deal with the tabling at the end of the question.

Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

I am very happy to take that question from the member for Cook. It goes to my powers under the Migration Act in relation to the character test and the public-interest test. In relation to that test I refer the honourable member to my previous answer, which outlined the fact that this is not a proscribed organisation. In relation to the views of that individual, every member of this House would have very strong views about the position taken by that individual.

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

Madam Deputy Speaker, on a point of order: the question was not about proscribed organisations, it was about his own discretion. For that reason, he is not being relevant to the question.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The minister is being relevant to the question.

Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

In relation to the minister's personal powers, these are to be exercised appropriately and carefully. For the information of the House, I have personally considered the character test on 38 occasions during my time as minister for immigration and on 27 of those occasions I have taken the decision to cancel or refuse a visa. It is a parallel exercise with due care and diligence and the member for Cook might like to get a reminder from the member for Menzies about what happens when a minister does not do that.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Leader of the House, was leave granted to table the document?

Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

No, leave is not granted. I table the press release from the Prime Minister, on 10 October 2007, supporting the Pacific Highway duplication by 2016, with matching financial commitment from New South Wales.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The minister has resumed his seat. The Leader of the House has declined to give leave.

Honourable members interjecting—

Order! There is a great deal of puerile behaviour that goes on in this place.