Michaelia Cash (WA, Liberal Party, Shadow Parliamentary Secretary for Immigration) Share this | Hansard source

I too rise as a member of the Senate Legal and Constitutional Affairs References Committee to comment on the prospective-marriage visa program report. In summarising the evidence, the committee came to the conclusion that there was no need for a wide-scale reform of the prospective-marriage visa program. However, notwithstanding this view, the committee, based on the evidence that was presented to it, came to the determination that some aspects of the program can be improved to provide in particular greater protections to applicants who, on account of their young age, could become victims of forced marriage and/or people trafficking. I do not think that anyone in this place would ever condone a young girl or a young boy becoming subject to this.

In terms of the age criterion for the prospective-marriage visa, the committee agreed with the evidence that we received from the organisation CATWA that the age criterion should be increased to at least 18 years. A number of issues in relation to the potential consequences of raising the age to 18 years were canvassed in evidence. One was that there was the potential for this to increase the instances of documentation fraud. The committee, however, determined that this is something that would not outweigh the benefits gained from raising the age limit. In the committee's opinion it was a risk that could be addressed.

The committee also noted in its report that the department does not support this proposal on the basis that it would not be reasonable for the program to impose an age restriction for a visa that enables a person to enter Australia and marry lawfully. The committee, however, based on other evidence that it received did not accept the rationale provided by the department. It considered it to be perfectly reasonable to require an applicant to be of lawful marriageable age when granted a visa to enter Australia in order to marry an intended spouse. In coming to this conclusion, the committee relied on the evidence from other jurisdictions that have this age limit in place. In particular, we relied on evidence from the United Kingdom and from Norway.

The department, along with a number of other submitters to the committee, expressed concern regarding the practice of forced marriage and the consequences for its victims. The committee agreed without a doubt that a single case of forced marriage constitutes a gross abuse of that victim's human rights. Such abuses should never be tolerated. The committee considers that appropriate safeguards should be established within the prospective-marriage visa program to provide as much protection as possible to visa applicants who could fall victims to this despicable practice.

The committee acknowledged a number of the submissions that it received from and the evidence that was given by the AIC, Ms Emma Davidson, legal practitioners and the CATWA organisation, all of whom advocated the provision of further information and education to the wider Australian community and migrant women to empower potential and actual victims and to maximise the opportunities for victim support. Based on the evidence that we received, the committee came to the conclusion that this would be a worthwhile initiative for prospective-marriage visa holders and other partner visa holders that could be instituted either at interview or upon arrival in Australia. I strongly endorse the recommendation that the committee came to. I do so based on a number of meetings that I have had as the coalition spokesperson for the status of women in relation to the development of an information package for newly arrived migrants on the prospective-marriage visa or the partner visa. The committee received evidence that such an information package can be readily produced. It is given out in other countries that are already facing problems in relation to their prospective-marriage visas. It was suggested that the information should include details of the law in Australia with respect to family violence and forced marriages, including factors that might indicate the existence of a forced marriage and how migrants experiencing family violence or a potential or actual forced marriage can seek assistance. The information package should be provided to migrants in an appropriate language, either in their first language, as indicated on their visa application form, or in the official language of their country of origin.

In conclusion, if women who come to this country—and men, but in particular the evidence we received was in relation to women—are doing so because they are being forced into marriage, this parliament should take steps to ensure that this does not occur. Where appropriate, we should provide protection to those women in the event that they are abused. The one thing we as women hold dear in this country is the ability to consent. When that ability is taken away, the parliament should ensure that appropriate steps are in place to address it.