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

I have two questions for you, Minister. Firstly, can you confirm that the discretionary conditions able to be applied to bridging visas R by the minister that relate to curfew and electronic detention are able to be applied to people who have committed no crime whatsoever in Australia? Could you confirm that one first, please? Secondly, Minister, I did receive some information from Minister Giles, and I want to place on the record that I thank him and his staff and departmental officers for their briefing this morning. Some information was conveyed to me around appeal rights. I just wonder if you wouldn't mind placing on the record the appeal rights in terms of judicial review, firstly, around the minister's decision to apply discretionary provisions. I'm particularly interested in the curfew and electronic surveillance conditions. Secondly, can you put on the record any judicial review that is available once the minister decides not to change or vary those conditions, having been asked. If I'm wrong, I'm sure you'll correct me. My understanding is: in regard to the minister's original decision, there is a judicial review available but not a merits review. It is simply a review in terms of a potential error in law that the minister might have made. However, if the minister refuses an application to remove or vary those conditions, that decision is appellable not only in terms of law but also on the merits of the decision. I'm wondering if you could step us through those judicial review provisions, please.