Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

I seek leave to cancel this division.

Leave granted.

Question negatived.

I would ask that the Greens position of supporting these amendments be recorded in the Hansard.

The TEMPORARY CHAIR: That will be recorded in the Hansard. I alert the chamber that the amendments were negatived.

by leave—I move Australian Greens amendments (1) to (3) on sheet 2124 together:

(1) Clause 2, page 2 (table), omit the table, substitute:

(2) Clause 3, page 2 (after line 11), at the end of the clause, add:

Note: The provisions of the Migration Regulations 1994 amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under section 504 of the Migration Act 1958 (see subsection 13(5) of the Legislation Act 2003). However, see item 5 of Schedule 3 to this Act which provides that certain legislative instruments do not come into effect until they have been approved by a resolution of each House of the Parliament.

(3) Page 7 (after line 31), at the end of the Bill, add:

Schedule 3 — Health waivers for children

Part 1 — Amendments to the Migration Regulations 1994

Migration Regulations 1994

1 At the end of clause 4005 of Schedule 4

Add:

(4) The Minister must waive the requirements of paragraph (1)(c) for the grant of the visa if the applicant is a child born in Australia to a temporary visa holder.

(5) The Minister must waive the requirements of paragraph (1)(c) for the grant of the visa if both of the following apply:

(a) the applicant is a temporary visa holder; and

(b) the applicant has a child born in Australia who fails to satisfy the requirements of paragraph (1)(c).

2 At the end of clause 4007 of Schedule 4

Add:

(3) Despite subclause (2), the Minister must waive the requirements of paragraph (1)(c) for the grant of the visa if the applicant is a child born in Australia to a temporary visa holder.

(4) Despite subclause (2), the Minister must waive the requirements of paragraph (1)(c) for the grant of the visa if both of the following apply:

(a) the applicant is a temporary visa holder; and

(b) the applicant has a child born in Australia who fails to satisfy the requirements of paragraph (1)(c).

Part 2 — Other provisions

3 Application of amendments

(1) The amendments made by Part 1 of this Schedule apply in relation to a visa application under the Migration Act 1958:

(a) made, but not finally determined, before the commencement of this Schedule; or

(b) made on or after that commencement.

4 Transitional provision

(1) This item applies if:

(a) a person who is a non-citizen was refused a visa, or held a visa that was cancelled, before the commencement of this Schedule; and

(b) the refusal or cancellation was wholly or partly on the basis that the person failed to satisfy, or to continue to satisfy, the requirements of paragraph 4005(1)(c) or 4007(1)(c) of Schedule 4 to the Migration Regulations 1994 as in force before the commencement of this Schedule.

(2) Despite section 48 of the Migration Act 1958, or any other provision of that Act or regulations made under that Act, the refusal or cancellation is to be disregarded in determining whether the person may:

(a) apply for a visa of any class; or

(b) have such an application made on the person's behalf.

5 Affirmative resolution

(1) This item applies to regulations made under section 504 of the Migration Act 1958 that:

(a) are made on or after the commencement of this Schedule; and

(b) have the effect of amending or repealing, or otherwise altering the effect or operation of, the amendments of the Migration Regulations 1994 made by this Schedule.

(2) The regulations do not come into effect until they have been approved by a resolution of each House of the Parliament.

I will speak extremely briefly to these amendments. If these amendments are successful, it would mean that there would be automatic waivers for children who are born in Australia to parents who are temporary residents in Australia. That would mean that the disgraceful practice of deporting disabled children that are born in Australia to holders of temporary visas would no longer occur. As I have said repeatedly during this debate, it is archaic, it is barbaric, it is unfair, it is discriminatory and it is ablest and it needs to end—and it needs to end now.