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

My question is to the Minister representing the Minister for Home Affairs, Senator Fifield. On 7 June 2015, Minister Dutton used his ministerial powers to intervene to issue a tourist visa to a person who was detained at the Brisbane International Airport for being an unlawful noncitizen. How exactly was Minister Dutton's intervention in the public interest, as he has claimed in a document before this parliament? What were the person's ongoing needs that Minister Dutton has claimed justified his intervention?

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

I thank Senator McKim for his question. I'm advised that this matter is currently before the Administrative Appeals Tribunal—

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Fifield, please resume your seat. We are 13 seconds into the answer. Senator McKim on a point of order?

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

The point of order is that an appeal against an FOI decision is currently before the AAT, not the substantive matter—

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, you are not raising a point of order, and you know that. Senator Fifield.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

Thank you, Mr President. I'm simply endeavouring, through you, to share with Senator McKim the facts that I am aware of. As I was saying, I'm advised that this matter is currently before the Administrative Appeals Tribunal and I don't have anything else to add. Should that change, I'll certainly do so.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, a supplementary question.

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

On how many other occasions has Minister Dutton intervened to grant visas to people in detention for being unlawful noncitizens?

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

I'm not aware of the number of times that ministerial discretion has been exercised, but that's certainly something I can take on notice.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, a final supplementary question.

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

Minister, can give you a categorical guarantee that Minister Dutton, in this case, did not breach the ministerial code of conduct, which precludes ministers from using their public office for private purposes?

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

Any suggestion that the minister has acted for personal gain is baseless. For the benefit of colleagues, I'm advised that Minister Dutton does not employ and has never employed an au pair.