Sussan Ley (Farrer, Liberal Party, Shadow Minister for Women) Share this | Link to this | Hansard source

My question is to the Minister for Immigration, Citizenship and Multicultural Affairs. Chinese national MJVS's visa was cancelled following a conviction for possessing images and videos police described as at the most extreme end of child abuse material, including material depicting newborn babies. The Albanese Labor government's watering-down of the law has allowed this criminal to stay in Australia, making our country less safe. When will the Albanese Labor government apologise for this catastrophic mistake and reverse direction 99?

Andrew Giles (Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs) Share this | Link to this | Hansard source

Time after time, we get questions from members opposite, but one question remains unanswered. The Leader of the Opposition is still yet to tell us why he—not a court, not a tribunal; it was his delegate—released a detainee from detention who went on to allegedly commit a violent crime. When is he going to answer that question?

This government continues to refuse and cancel visas on character grounds. I continue to cancel AAT set-asides. Section 501 has not changed. The Albanese government has always said that visa decisions need to be guided by two clear principles: firstly, the protection of the Australian community, and, secondly, common sense. A number of recent AAT decisions have not shown common sense. Yesterday the parliament passed legislation to abolish the AAT and replace it with a new administrative review tribunal. The Albanese government is delivering an accessible, sustainable, trusted and truly independent federal administrative review system that will serve the best interests of the Australian people.

Ahead of the new ART commencing, I will be updating ministerial direction 99, as the Prime Minister has just said. The new direction will ensure that all members of the ART will adopt a common-sense approach to visa decisions, consistent with the intent of ministerial direction 99. First and foremost, this means ensuring that the protection of the community outweighs other considerations.

Opposition Members:

Opposition members interjecting—

Milton Dick (Speaker) Share this | Link to this | Hansard source

Order! Members on my left will cease interjecting.

Andrew Giles (Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs) Share this | Link to this | Hansard source

This has always been the Albanese government's highest priority. Consistent with this—and I hope members opposite would be interested in this—the revised direction will also strengthen the principles of community safety in the making of decisions, including the impact of decisions on the victims of crime and their family members, and it will also strengthen the family violence provisions to reflect the government's—and Australians', more broadly—commitment to end violence against women and children. This change—

Milton Dick (Speaker) Share this | Link to this | Hansard source

The minister will pause. The Deputy Leader of the Opposition, on a point of order?

Sussan Ley (Farrer, Liberal Party, Shadow Minister for Women) Share this | Link to this | Hansard source

I move an extension of time to give the minister time to apologise for the horrific abuses that have been described by the individual that he has let out on the streets.

Government members interjecting—

Milton Dick (Speaker) Share this | Link to this | Hansard source

Order! Members on my right will cease interjecting while a member is taking a point of order. The member is entitled to take the point of order. The member is able to do that when the time has concluded, not during the time. So she is entitled to do that, but she'll just have to wait until the end of the answer. The minister in continuation.

Andrew Giles (Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs) Share this | Link to this | Hansard source

This is a change that will guide all decision-makers within the department, the AAT and the new ART to ensure that better decisions are made, in line with the expectations of the government and the community.