James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minister, Senator Wong. You said in question time yesterday that, as people are being released, visa conditions are being applied to bridging visas for those people. Sorry; let me correct that to benefit Senator Wong. I've not correctly ascribed that quote to you. Your quote in question time yesterday was that individuals required to be released as a result of this decision by the High Court have been subject to a range of strict and mandatory visa conditions. My apologies.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I'm advised—I'm just trying to see; I've been told it's page 3—all individuals who have been released as a result of the High Court's decision have been granted bridging (removal pending) visas with appropriate conditions, and law enforcement agencies have been notified of their release. I'm not sure if that is precisely what the senator is referring to, but that's the advice I have. I have seen some of the media reports. Obviously, these are decisions which have to be made, reflecting the High Court decision on the need to release—notwithstanding the government's different submissions to the High Court—and the framework around the minister's consideration of the application of the visa and its conditions.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Paterson, first supplementary?

James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source

Minister, the ABC has reported today:

Some of the detainees released from immigration detention were sent into the community without visas, a revelation that appears to contradict what the federal government has said in recent days.

Have people been released into the community without visas? Or, as you have told this chamber, were they released on visas with strict conditions?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I will take it on notice to get from Minister Giles a better explanation for you. I understand that there is a technical requirement to release and then for the visa conditions to be imposed, but let me obtain clearer advice from the minister and respond to you.

James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source

If visas have now been granted to these people, what are the consequences if they breach the conditions of those visas? Is it the case that breaching a visa requires that they be detained pending deportation, which the High Court has ruled is not applicable for this cohort?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I think I was asked a similar question yesterday—it might have been from Senator Cash or someone else—about the legal remedies available to government in the circumstances where visa conditions are breached or are not met. I am advised that this is one of the consequences of this decision of the High Court, and I can indicate to the chamber that the government intends to introduce legislation shortly to further respond to the decision of the High Court, and we look forward to the opposition's support in that regard.