House debates

Wednesday, 28 February 2024

Questions without Notice

Immigration Detention

2:16 pm

Photo of Dan TehanDan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | | Hansard source

My question is to the Minister for Immigration, Citizenship and Multicultural Affairs. What circumstances would cause the minister to release from immigration detention into the community an Austrian citizen who pleaded guilty to poisoning people?

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I'll hear from the Leader of the House.

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

That entire question was framed as a hypothetical. There's an explicit ruling against questions being hypothetical, and that question was nothing but.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Standing order 100(d)(vii) does indicate that questions should be ruled out of order with hypothetical matter, so I'm going to ask the member just to rephrase that question slightly to make sure that it is within the standing orders. That's not just repeating the same question with one word changed; it's just making sure that it's a directly responsible decision that the minister has responsibility for, not an expression of opinion or a hypothetical situation.

Photo of Dan TehanDan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | | Hansard source

My question is for the minister for immigration. In a previous answer, he's referred to releasing from detention an Austrian who had pleaded guilty to poisoning people. Under what circumstances would the minister release such a person from detention?

2:18 pm

Photo of Andrew GilesAndrew Giles (Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs) Share this | | Hansard source

I have already answered this question in respect of the first part. Let me be very clear: I don't accept the characterisation that was just put to the chamber. I say this—

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

He did poison people. He did.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! The Leader of the Opposition, I want to hear the minister's answer.

Photo of Andrew GilesAndrew Giles (Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs) Share this | | Hansard source

We continue to take every possible step to deport people who have no right to stay in the country, and this is a matter which is currently before the courts.