Nita Green (Queensland, Australian Labor Party) Share this | Hansard source

I rise today to speak in favour of the Migration Amendment (Australia's Engagement in the Pacific and Other Measures) Bill 2023 and the Migration (Visa Pre-application Process) Charge Bill 2023. As chair of the Legal and Constitutional Affairs Legislation Committee, I joined with my colleagues to inquire into these bills earlier this year, and I want to take this opportunity to thank all of the submitters and the witnesses who appeared at our inquiry. I'm proud of the work undertaken by the Albanese Labor government to deliver this new application pathway to be used for the Pacific engagement visa.

The migration visa pre-application process legislation inserts a new section 46C into the Migration Act. Section 46C will provide the relevant minister with the power to conduct a ballot or pre-application process in relation to one or more visas, with a small charge on individuals who register to take part. It creates two new functions to assist the minister in managing selected visa programs where appropriate: a ballot and a charge.

The creation of the pre-application process is modelled on the New Zealand Pacific access category resident visa. Through the inquiry into this legislation, we heard that this visa category was effective and welcome for both host countries and potential applicant countries. New Zealand's legislation ensures balance between the number of visas granted and government capacity and resources by requiring that potential applicants have successfully drawn a place from a pre-application process before being able to make a visa application. It means more efficient visa processing and more effective management of departmental resources.

The migration visa pre-application process legislation that we are considering today in the Senate assists the department to manage the high rate of visa applications received. The intention of this legislation is to avoid long and unrealistic visa-processing queues or disappointing visa refusals where the annual cap is already met. It also means equitable and fair access to temporary and permanent migration programs, which are regularly oversubscribed. While the bill is currently coupled with a particular visa category, this does not prevent the ballot being used through regulation. There will be more information available.

The visa pre-application process bill deals with these matters in a number of ways. In addition to the ballot, the amendments impose a charge on participants registering in the ballot. This sensible safeguard is intended to act as a deterrent to non-genuine entries or bulk attempts to manipulate the process. It is capped at $100 in recognition that an overly prohibitive fee would defeat the purpose of any visa categories. While the legislation will initially be used only for Pacific engagement visas, it could be used for a range of other categories. Essentially, it is designed to make sure there is equitable and efficient access where visa demand exceeds the places available. The pre-application amendment will be used for the first time on the new category of visa which is considered by this suite of amendments.

The Migration Amendment (Australia's Engagement in the Pacific and Other Measures) Bill creates a new pathway for up to 3,000 eligible citizens of Timor-Leste and Pacific nations, our closest neighbours. It delivers on the commitment that the Albanese Labor government made in last year's October budget to create a new Pacific engagement visa. This new visa category will strengthen the Pacific relationship here in Australia, growing people-to-people ties across our Pacific family. It is an important feature of the Albanese Labor government's commitment to lasting and meaningful engagement in our region. The PEV program will randomly select eligible citizens of participating Pacific countries who have registered to participate in a visa pre-application process. This is what is otherwise known as a ballot. People who are not selected through the ballot are then able to apply for the new PEV. The ballot charge, in the case of the PEV program, would be $25. This new category is in addition to Australia's current permanent migration program.

Prior to drafting, consultation with Pacific governments, the Pacific diaspora and community organisations was undertaken through the Department of Foreign Affairs and Trade. Giving evidence on the legislation, the department emphasised the cooperation throughout the consultation and how that would carry through to the operation of the program. This is significant. We have consulted with our neighbours, and they have told us that this is something they want us to progress. Importantly, partner countries can opt in or out of the program as needs change to ensure the program delivers on shared aspirations.

As chair of the inquiry into the legislation, I was encouraged by the quality of submissions and the debate that we had through the hearing held in Canberra on 13 April this year. I want to expressly thank again all of the witnesses, who took the time to share their views on the amendment bill. It was really helpful to hear various concerns about the ballot style process or the granting of PEVs. Some witnesses did raise concerns about the pre-application process—about the lack of criteria—and they put forward views about the process and asked genuine questions, which the department was able to answer. Ultimately, however, the proposal is the most appropriate, fair and effective way forward, on the balance of evidence the committee received.

Evidence from Mrs Ema Vueti, of the Pacific Islands Council of Queensland, was particularly compelling when the committee considered getting the balance right. She said she welcomed the ballot system because it 'would assist in reducing the chances for brain drain in their countries'. The reason for this, she went on to explain, is that the ballot actually negates the use of a merit- or skills-based selection process for the granting of PEVs, which may risk skills and labour shortages within participating countries. This was a significant theme that came through the inquiry and the submissions: a real concern that concentrating only on skills and labour visas would create a brain drain in the Pacific, something that we have to be mindful of in the way that we progress these visa programs.

The PEV will work in conjunction with other programs, such as PALM. It's important that we understand how the PALM program will work in conjunction with this new type of visa. The inquiry process was really useful in confirming that this new visa category is separate and has no bearing on places available for skilled migrants through existing programs, like PALM. I want to acknowledge the variety of views from witnesses on the interaction of the PEV and the existing PALM program. Many put forward views about finding ways in which we could prioritise existing PALM visa holders within this category. Their arguments seemed to be underpinned by a genuine appreciation of the contribution made by PALM visa holders to communities and local economies. This is a sentiment I share, being a senator based in regional Queensland, where many PALM visa holders contribute to the local economy. However, on the balance evidence, the committee found that linking the Pacific engagement visa to the PALM scheme would create heightened concerns that participating countries have about brain drain. It is really important that we get this right. As such, the committee determined that giving an advantage to current or former PALM visa holders would be contrary to the objectives of the Pacific engagement visa. Of course, PALM visa holders have the right to access the PEV scheme on the same terms as other eligible applicants. They can apply; they're not prevented from doing so.

The new PEV program is part of the Albanese Labor government's efforts to build stronger relationships with Australia's Pacific neighbours. At present, Australia does not have a dedicated permanent residency pathway for nationals of Pacific island countries and Timor-Leste. This is despite Australia and its Pacific neighbours sharing many crucial diplomatic, foreign policy and national security interests. This amendment bill rectifies that. The PEV program provides opportunities for skill exchange and the growth of a healthy Pacific diaspora in Australia and supports wider mobility within the region in response to climate change pressures. It means more country-to-country ties in our region. That's incredibly important within our region, given the national security interests, the foreign policy concerns and the fact that, from a regional security point of view, we have a gap when it comes to working with our Pacific neighbours. What this leads to, in a broader policy context, is a stronger Pacific family into the future. I commend this legislation to the chamber, and I look forward to welcoming Australia's newest permanent residents very soon.