Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Hansard source

I rise to move amendments to the Migration Amendment (Protection and Other Measures) Bill 2014 on behalf of the government. First, I advise the Senate that the government will not be seeking to move amendments (1) to (10) on sheet ZA361 as a result of the concerns raised in relation to the amendments in schedule 2 to the bill, which provides for the more likely than not risk threshold for assessing complementary protection. As I have already stated, the government will not be actively opposing its removal, which has now occurred. In terms of the remainder of the government's amendments, I seek leave to move amendments (11) to (20) on sheet ZA361 together.

Leave granted.

I move:

(11) Schedule 3, item 1, page 16 (lines 7 to 10), omit paragraph (b), substitute:

  (b) either:

     (i) is an unlawful non-citizen; or

     (ii) holds a bridging visa or a temporary protection visa, or a temporary visa of a kind (however described) prescribed for the purposes of this subparagraph.

Note: Temporary protection visas are provided for by subsection 35A(3).

(12) Schedule 3, item 6, page 17 (lines 11 to 14), omit paragraph (b), substitute:

  (b) either:

     (i) is an unlawful non-citizen; or

     (ii) holds a bridging visa or a temporary protection visa, or a temporary visa of a kind (however described) prescribed for the purposes of this subparagraph.

Note: Temporary protection visas are provided for by subsection 35A(3).

(13) Schedule 3, item 15, page 19 (line 23), omit "class", substitute "kind".

(14) Schedule 3, item 15, page 19 (line 29), at the end of paragraph (3)(c), add "granted before 2 December 2013".

(15) Schedule 3, item 16, page 20 (line 13), omit "class", substitute "kind".

(16) Schedule 3, item 16, page 20 (line 19), at the end of paragraph (3)(c), add "granted before 2 December 2013".

(17) Schedule 4, item 11, page 23 (line 30), omit "7 days", substitute "14 days".

(18) Schedule 4, item 11, page 24 (lines 20 and 21), omit "7-day period", substitute "14-day period".

(19) Schedule 4, item 26, page 32 (line 3), omit "7 days", substitute "14 days".

(20) Schedule 4, item 26, page 32 (lines 24 and 25), omit "7-day period", substitute "14-day period".

In response to the recommendations made by the Senate Legal and Constitutional Affairs Legislation Committee, schedule 4 to the bill will be amended to increase the time frame, from seven to 14 days, in which an application for reinstatement may be made by an applicant who failed to appear before the Migration Review Tribunal or the Refugee Review Tribunal and whose review application was subsequently dismissed as a result of that nonattendance.

The government also moves technical amendments to the bill, including to schedule 3 to take into account the reintroduction of temporary protection visas by the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014. This amendment extends the statutory visa application bar by providing that unauthorised maritime arrivals or transitory persons who are the holders of a temporary protection visa are prevented from making a valid visa application unless the Minister for Immigration and Border Protection determines it is in the public interest to do so. I commend the amendments to the Senate.

Question agreed to.

The CHAIRMAN: I believe we should now move to opposition amendment (8) on sheet 7578.