Sarah Hanson-Young (SA, Australian Greens) Share this | Hansard source

I rise to oppose the Migration Amendment (Character and General Visa Cancellation) Bill 2014 on behalf of the Australian Greens. We oppose this bill as it hands unprecedented power to the minister of the day to cancel and refuse a person's visa, denies procedural fairness, risks breaching fundamental human rights and will result in people being subjected to indefinite detention. The Minister for Immigration and Border Protection currently possesses wide-ranging powers to refuse and cancel visas. Why on earth he thinks he needs more powers is beyond me. These powers enable the minister to regulate noncitizens in Australia and to protect the Australian community from any risk that may be posed—these are powers that the minister already has. This bill seeks to significantly and unnecessarily expand the powers the minister currently has.

The amendments proposed by this bill have been rejected outright by legal experts across the country. They have said to the Senate committee that inquired into this bill that the Senate should oppose this bill as the changes have not been adequately justified and are completely unnecessary. The government's rationale has been completely insufficient in light of the drastic changes this bill seeks to implement. Simply stating that the character provisions have remained unchanged since 1999 is not sufficient, particularly when the current legislation is far reaching in its ability to revoke or cancel visas, which would have a significant impact on the livelihoods of people.

This bill is an attempt to bolster the government's narrative of fear and suspicion. That is why this bill has been put forward today. Rather than embracing diversity and celebrating the 'Australian way', this bill seeks to stir up xenophobic behaviour and establish a climate of fear in Australian communities. This bill, like many others put before this place by the Minister for Immigration and Border Protection, is just another power grab by the minister. The minister has handed himself unfettered power to determine a person's future. This extension of power is completely unacceptable, particularly when we are talking about people's livelihoods, their children's livelihoods and the impact on their entire families. It seems that the desire for unchecked power has become a recurring theme in this place for the Minister for Immigration and Border Protection.

This bill, if passed, will give the minister unprecedented power to refuse or cancel a person's visa if they fail the character test or if the minister is satisfied that a refusal or cancellation is in the national interest. We know of course how this minister uses the argument of national interest. We have seen it used in this place to deny this chamber access to information that we have requested on a regular basis. It is quite simply not acceptable to leave it up to the minister to determine what constitutes national interest when making a decision about whether to refuse or cancel a person's visa. This is a 'trust me' moment by the minister—'Just trust me and I will do the right thing.' Well this minister has no track record of doing the right thing. We know that in fact, if anything, if we give this minister an inch he will take a mile.

The expansion of the minister's powers will enable him or her to revoke an individual's visa if incorrect information was provided at the time of application, to cancel a visa if the minister is not satisfied of the visa holder's identity, to retrospectively apply the new powers to past visa grant decisions and to overrule the decisions of independent authorities, such as the Administrative Appeals Tribunal, the Migration Review Tribunal and the Refugee Review Tribunal. Of particular concern is the minister's ability to overrule merits review decisions and effectively deny a person natural justice. This is a minister who is drunk with power and just wants more. These changes will deny the right to a fair hearing. Should this bill pass there will be no checks and balances in place on the minister's powers. This will undoubtedly result in incorrect decisions being made, putting people at risk of indefinite detention or, worse, putting them in harm's way.

Further to this, if this bill is passed it will increase the circumstances in which a person would fail the character test, will enable visa cancellation on the grounds of association and will make visa cancellation mandatory in certain circumstances where a person is suspected of failing the character test. This bill also seeks to significantly lower the risk threshold, which will result in an increase in individuals failing to pass the character test and to see individuals' visas cancelled in circumstances where they may not actually present a real risk to the community. That is, of course, the minister having his way and making his decision on the final decision. Let's not forget that there are mistakes made in relation to these areas. There have been mistakes made in relation to these issues before. Let's not forget the case of Dr Haneef.

Visa cancellation on character grounds can have significant consequences for individuals. Should a person be denied a visa on character grounds there is a very real risk that they will be subjected to indefinite detention or deportation potentially putting their lives in very real danger. This is particularly concerning, of course, for asylum seekers and refugees. A personal decision by the minister to cancel a visa may result in an individual facing indefinite detention as, unlike other individuals to whom the broadened cancellation powers apply, they cannot be removed from Australia due to fears of persecution or serious harm in their homeland. So this bill allows the minister to cancel their visa but, because they are a refugee, they cannot be removed from the country and therefore they are put in indefinite detention, indefinite incarceration, potentially for the rest of their lives.

The amendments will grant the minister the power to cancel a visa if he or she is not satisfied of the visa holder's identity or when incorrect information has been provided at the time of application. These powers will disproportionately affect asylum seekers and refugees, as they fail to recognise the realities of fleeing persecution. We know that often many asylum seekers regularly flee their homes in a hurry, without the time to collect their identity documents. Sometimes their identity documents were taken off them by the very authorities they are fleeing. Asylum seekers are often forced to flee for their lives by whatever means necessary, sometimes—believe it!—using false documents so that the authorities that they are fleeing cannot find them, hunt them down and kill them before they leave their countries. Governments routinely seek to control minorities and opposition groups by denying them passports or identity documents in the first place. Requesting an identity document after an asylum seeker has fled their country can raise interest in that person and their family remaining in their home country, making such inquiries far too dangerous to carry out. Doing so may result in those in genuine need of protection being subjected to indefinite detention or returned to danger. As you can see, Acting Deputy President Peris, the changes in this bill will overwhelmingly impact on those who, by no fault of their own, are not able to have these identity documents at hand.

Additionally, the bill states that an individual will not pass the character test if they have been assessed by ASIO to be, directly or indirectly, a risk to security. This amendment will have significant implications for refugees who are today currently locked up in immigration detention. These assessments, it is important to remember, are not reviewable. The people who these assessments are made of are not able to know why and are not able to see the evidence before them. They are not done in any transparent manner. All the people in immigration detention who have been given an adverse security assessment by ASIO have no right to know why ASIO believes they could be a potential risk to security.

It is clear that the broadened cancellation powers, which do not allow for adequate review, could result in further chances of refugees facing prolonged indefinite detention with no prospect of release, in violation of Australia's international human rights obligations. I understand that the current going theme of this government is not to give two hoots about international conventions or obligations, but when we are passing legislation like this in this place, the Senate should consider it.

It is not just refugees and asylum seekers that will be affected by the changes outlined in this bill. The amendments will have significant implications for long-term residents. Individuals who have lived in Australia for most of their lives could be deported to a country where they have no family ties or livelihood. These amendments could also result in family separation.

Overall, the Australian Greens believe that the amendments proposed in this bill are unnecessary and have not been sufficiently justified by the minister responsible. This bill is nothing more than a power grab by the immigration minister. The minister has handed himself unfettered power to determine a person's future—to decide whether that person has a right to a life here in Australia. The extension of power is completely unacceptable, particularly when we are talking about the livelihoods of individuals and their families. The proposed changes threaten a person's fundamental human rights and will result in the very real risk of arbitrary and indefinite detention for refugees and asylum seekers.

The government seems to be obsessed with treating vulnerable refugees with total contempt in this country. Rather than treating asylum seekers and refugees with care and compassion, this government is obsessed with subjecting them to a life of uncertainty and fear. It is clear that this government is intent on stripping away all rights and protections for these people, putting at risk the very rights that as Australians we hold dear. Instilling fear and playing politics has become the order of the day rather than upholding and celebrating what makes this country great. This minister is obsessed with power. Every bill that is currently before this place at the moment by the immigration minister is about giving him more, unfettered power. He is drunk on power. He cannot get enough of it. He has got an addiction. It is for these reasons that the Greens strongly oppose this bill.