House debates

Monday, 18 March 2024

Questions without Notice

Immigration Detention

4:28 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. Over the next six months, how many foreign criminals will finish a custodial sentence and be released into the community instead of going to immigration detention?

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

I thank the shadow minister for his question, and I remind him and the House that what we're talking about here arises from a decision of the High Court—a decision, indeed, that we argued strongly against, but, like any government, we are obliged to follow the law and comply with the orders of the court, which we are doing.

In relation to the question he asked me a moment ago, I dealt with some of the steps the government is taking to ensure that we are doing everything possible to keep the community safe in this context. Throughout this, we have been guided by community safety, and that is why we have put in place four layers of protection.

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

Order! The minister will pause. The member for Wannon, on a point of order?

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

Speaker, on relevance: it was a very tight question. How many foreign criminals will finish a custodial sentence and be released into the community instead of going to immigration detention? That is a very tight question.

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

I understand that, in your opinion, the answer you are seeking under the standing orders is a number. I know you would like a number—that would be exact. Under the standing orders the minister needs to make his answer directly relevant. So, as long as he remains directly relevant—I can appreciate when it comes to yes/no answers or figures. Under the standing orders I cannot direct the minister to deliver the answer in the way you would like. But I will make sure he is directly relevant to the question as per the standing orders. The minister will continue and I will remind him that his answer should be directly relevant to the question he was asked.

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

What this question shows again is exactly why the shadow minister is uninterested in the legal briefing; he prefers fear to facts at every turn.

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

I will ask the minister to return to the question.

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

He understands the issues he would be briefed on and that is why he is choosing not to be briefed by legal people.