Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I move:

That the Senate—

(a) notes that Mr Zainullah Naseri, a Hazara man and the first Afghan forcibly removed by the Australian Government, was tortured by the Taliban on his return;

(b) agrees That the security situation in Afghanistan is deteriorating and remains extremely dangerous for Hazaras; and

(c) calls on the Government to:

(i) issue a moratorium on the forced return of asylum seekers back to Afghanistan, and

(ii) send a contingent of officials to Afghanistan to investigate the security situation there and in the Hazara region of Ghazni and report to Parliament on their return.

Senator Kim Carr interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Okay. You did not do that at the appropriate time.

Senator Moore interjecting—

When I called to see whether anyone had any objection to formality, there was no objection.

Senator Kim Carr interjecting—

Well, I am just telling you what happened. So Senator Hanson-Young was then proceeding. I will be guided by the goodwill in the chamber—if we can have goodwill with denial of formality—

Senator Moore interjecting—

I think that is fair to Senator Hanson-Young, because Senator Hanson-Young was not denied. So, Senator Hanson-Young, you have moved the motion and before I put the motion, did Senator Cash wish to make a statement?

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

Mr President, I seek leave to make a short statement.

Leave is granted for one minute.

The government will not be supporting this motion. A fundamental part of Australia's immigration system is that people found not to engage Australia's protection obligations and to have no lawful basis to remain in Australia are expected to return to their country of origin. Australia does not remove people where this would contravene our obligations under international human rights instruments to which Australia is a party, including the Refugee Convention. Australia is bound by the customary international law principle of non-interference in the international affairs of other sovereign states. Australia's consular obligations and entitlements under international law do not extend to monitoring the welfare of non-national offshore citizens.

Kim Carr (Victoria, Australian Labor Party, Shadow Minister Assisting the Leader for Science) Share this | Link to this | Hansard source

Mr President, I seek leave to make a short statement for one minute.

Leave is granted for one minute.

I am aware of the reports of the treatment of Mr Zainullah Naseri by the Taliban. Mr Naseri is a Hazara, who arrived in Australia by boat and spent time in detention before being granted a bridging visa. He was deported after his application for refugee status was rejected. It has been reported that he was abducted by the Taliban while travelling from Kabul to his home district of Jaghori. His kidnappers are reported to have tortured him for two days before he seized an opportunity to escape. This is an extremely distressing story and it is proper that the immigration minister has ordered an investigation. Labor urges the minister not only to ensure that the investigation is conducted in a comprehensive and timely manner but that the findings are made public. We are also concerned that he has made statements that may appear to prejudice the results of the investigation. The minister has been reported as saying— (Time expired)

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Mr President, I seek leave to make a short statement for one minute.

Leave is granted for one minute.

I find it extraordinary that the first and only person forcibly returned to Afghanistan under this government has been found to have been tortured upon return, so much so that the minister has, rightly, called for an investigation. Yet we see here today the government refusing to accept that halting the forced returns of others might indeed be a good idea, given they could not guarantee the safety of the only one person whom they have so far sent back. There is an investigation underway. The government know that something happened that should not have happened. They know it is dangerous there and here we have the government blindly wishing to continually dump Hazara refugees back in Afghanistan to face torture by the Taliban. I do not know what the opposition are going to do on this motion. I suspect they did not want this going to a vote in the first place. They should vote in support of this motion and I hope they do the right thing. (Time expired)

Stephen Parry (President) Share this | Link to this | Hansard source

The question is that general business notice of motion No. 479, moved by Senator Hanson-Young, be agreed to.