Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Hansard source

I table a revised explanatory memorandum relating to the Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 and move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

MIGRATION AMENDMENT (CLARIFYING INTERNATIONAL OBLIGATIONS FOR REMOVAL) BILL 2021

The Clarifying International Obligations for Removal Bill amends the Migration Act to clarify that, in line with Australia's international obligations relating to non-refoulement, the removal power in the Migration Act does not require or authorise removal of a person where they have been assessed as engaging those obligations unless:

Furthermore, the Bill improves our ability to assess if a person engages protection obligations, regardless of whether or not they fail to satisfy other criteria for the grant of a Protection visa. It enables access to merits review for certain individuals who were previously determined to have engaged protection obligations and in respect of whom the Minister has decided that they no longer engage those obligations. The person will not be subject to removal unless the decision is affirmed on merits review, or the period within which the person may apply for merits review has ended without an application for review having been made, or the person has withdrawn the application for merits review.

As noted in the Revised Explanatory Memorandum: "The Bill is anticipated to operate in relation to the very small cohort of serious character/national security concern detainees who enliven Australia's non-refoulement obligations."

The required review by Parliamentary Joint Committee on Intelligence and Security will further ensure that the legislation is effective.

This Bill protects the integrity of Australia's migration framework and deserves the support of all Senators. It presents an opportunity for those within this Parliament to stand up and demonstrate their commitment to human rights by ensuring that we are not obliged to remove a person from Australia where that removal would be in breach of non-refoulement obligations, and by ensuring that those who lodge a valid Protection visa application will always have their claims assessed.

MIGRATION AMENDMENT (TABLING NOTICE OF CERTAIN CHARACTER DECISIONS) BILL 2021

The Tabling Notice of Certain Character Decisions Bill amends the Migration Act to require notice of the making of certain character decisions by the Minister under subsection 501(3) to be laid before each House of the Parliament within 15 sitting days of that House after the day the decision was made.

Decisions made under subsection 501(3) of the Migration Act are those decisions to refuse to grant a visa or to cancel a visa on character grounds that the Minister makes personally, without notice to the applicant or visa holder, where the Minister considers the refusal or cancellation to be in the national interest.

This requirement to table notice of the making of certain character decisions under subsection 501(3) will not apply where the Minister reasonably suspects the person does not pass the character test because the person:

Requiring notice of certain character decisions under subsection 501(3) of the Act to be tabled before each House of Parliament will provide transparency on the decision to refuse or cancel a person's visa. Usual tabling practices will be followed, including to ensure that personal information is not published.

All those who support measures to ensure greater transparency and accountability in relation to visa decision-making should support this Bill.

Summary

In the House, this Bill was supported by the Opposition on a bipartisan basis. We thank the Opposition for their support, in particular the Member for Fowler (Chris Hayes) and Member for Scullin (Andrew Giles), who spoke in favour.

Both Bills deserve the support of all Senators and I commend the Bill to the Chamber.