Don Farrell (SA, Australian Labor Party, Parliamentary Secretary for Sustainability and Urban Water) Share this | Hansard source

Disallowing the regulation would re-establish a magnet for irregular maritime travel to Australia, predictably leading to more children being sent alone on perilous journeys to Australia, and to more deaths of asylum seekers at sea. Applications by families overseas proposed by adults who arrived by boat before 13 August 2012 will now be given the lowest processing priority and only the most compelling applications will be granted a humanitarian visa. It is expected that the majority of applicants will need to apply and wait their turn for a visa in the family stream of the migration program in the same way as family of other Australian permanent residents and citizens. This option is still cheaper and certainly safer than using a people smuggler. Additionally, the processing times are often faster than under the humanitarian program.

An additional 4,000 places will be made available in the family stream to accommodate the increase in demand for visas. This is a significant improvement on the 750 places that were available under the Special Humanitarian Program for family reunion last year. Unaccompanied humanitarian minors who arrived before 13 August 2012 will continue to have access to the family reunion provisions in the humanitarian program as they have limited viable options under the migration program. Unaccompanied humanitarian minors who arrived after 13 August 2012 will not have access to family reunion in the humanitarian program.

A statement of compatibility with human rights has been completed for the regulation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The statement's overall assessment is that the measures in the regulation are compatible with human rights because they are consistent with Australia's human rights obligations and, to the extent that they may also limit human rights, those limitations are reasonable, necessary and proportionate. Australia considers that it is a necessary, reasonable and proportionate measure to achieve the legitimate aim of preventing these arrivals from making the dangerous journey to Australia by boat.

The amendments seek to prevent people including minors from resorting to potentially life-threatening means to achieve resettlement of their families in Australia. This goal, and the need to maintain the integrity of Australia's migration system and protect the national interest, are primary considerations. The Australian government will not provide a separate pathway to family reunification that will allow people smugglers to exploit children and encourage them to risk their lives on dangerous boat journeys. It is only this government that is fully committed to the delivery of a proper and sustainable regional solution through the full implementation of the recommendations by the expert panel which was led by Angus Houston. This is now a responsible government development policy; listening to the advice of experts. No-one should doubt the government's commitment to implementing the 22 recommendations of the expert panel to break the people smugglers' business model and to stop people dying at sea. I commend senators to vote against this disallowance motion.