Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

It's probably safer if I take that one on notice as well. While I'm on my feet, can I provide further information to do with the matter of the granting of visas for people once they were released. All of the individuals who were required to be released by the High Court's orders have been granted Bridging (Removal Pending) visas with appropriate conditions, and law enforcement agencies have been notified of their release.

As a result of the High Court orders, the detention of individuals assessed as being in scope of the test set out by the High Court is no longer authorised. As a result, those individuals must be released from immigration detention as soon as practicable. Ordinarily, a person is released into the community from detention as the result of being granted a visa. Portfolio ministers have personal powers under section 195A of the Migration Act to grant a person in immigration detention a visa if the minister thinks it's in the public interest to do so. However, as detention is no longer authorised in respect of these individuals, the minister's power under section 195A to grant a visa to the individuals is not enlivened. Of course, complying with the orders of the court is not optional and we have to give effect to the decision made.

In order to comply with the High Court orders, individuals in the scope must be released from immigration detention as soon as practicable. All of the individuals required to be released by the High Court's orders have been granted Bridging (Removal Pending) visas with appropriate conditions, and law enforcement agencies have been notified of their release.