Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

I thank all senators for their contributions to the second reading debate on the Migration Amendment (Validation of Decisions) Bill 2017. I note that the bill was referred to the following Senate committees: the Legal and Constitutional Affairs Legislation Committee, the Senate Standing Committee for the Scrutiny of Bills and the Parliamentary Joint Committee on Human Rights. I thank the Legal and Constitutional Affairs Legislation Committee for its consideration of the bill and note its recommendation to pass the bill unamended.

As you know, this bill addresses the potential risk to the community arising from current proceedings in the High Court of Australia. The purpose of the bill is to uphold the visa cancellations and applications refusals on character grounds of certain noncitizens who have committed serious crimes in Australia or pose an unacceptable risk to the safety of the Australian community. In terms of the types of criminal activity that would lead to a visa refusal or cancellation based on character grounds, a noncitizen who holds or applies for a visa may have their visa cancelled or application refused if they don't meet the character test. This includes if they have a substantial criminal record, are a member of or have an association with on outlaw motorcycle gang, have been convicted of a sexually based offence involving a child, or pose a threat to Australia's national interest. Again, I believe the Australian community would well and truly be backing the government in this regard.

Specifically, the bill amends the Migration Act 1958 to preserve existing section 501—character decisions which have relied on information which is protected from disclosure under section 503A of the act. The amendments in this bill will not impose extra requirements or burden on affected noncitizens or prevent affected noncitizens from seeking judicial review of their individual visa cancellation or visa refusal decision. Additionally, it will not impact future visa cancellation or visa application refusal decisions. Rather, the amendments will maintain the status quo for individuals who have already had their case thoroughly assessed and considered under migration legislation. At the time of this consideration, these persons failed the character test and had no lawful right to hold a visa allowing them to enter or remain in Australia.

Section 503A of the act protects information from disclosure when it is provided to the Department of Immigration and Border Protection by gazetted law enforcement or intelligence agencies to support a section 501 character visa application refusal or cancellation decision. This protects the information from disclosure to a court, a tribunal, a parliament, a parliamentary committee or any other body or person. The ability to protect information from disclosure is critical to the continuation of the critical relationship between the Department of Immigration and Border Protection and law enforcement and intelligence agencies. Continuing to successfully counter crime is dependent on agencies like the Australian Federal Police and the Australian Criminal Intelligence Commission being able to share information on the activities of non-citizen criminals with the Department of Immigration and Border Protection while their intelligence and sources remain protected.

The strengthening of the character test in late 2014 has led to the cancellation of over 2½ thousand visas, including more than 140 visas held by organised crime figures. Without the information supplied by intelligence agencies, these criminals may have kept their visas and been free to continue their illicit activities. The amendments in this bill proactively address the risk to the safety of Australians and reflect the government's and the Australian community's low tolerance for criminal behaviour by those who are given the privilege of holding a visa to enter into and stay in Australia. With that contribution, I commend the bill to the Senate.