Julian Simmonds (Ryan, Liberal National Party) Share this | Hansard source

I'm pleased to rise as the third Julian to speak on this particular motion. We ought to get the Parliamentary Library to track down if that's the first time that has ever happened in parliament's history!

It is a serious matter, so I will turn to the motion. There are a couple of reasons why I rise to speak on it today. Firstly, I want to lament the fact that Labor members, the mover and Labor members opposite who have spoken to the motion, are trying to score cheap partisan political points with an issue that is so difficult and so heartbreaking for many. To go as far as to declare that we don't support love is just an absolute nonsense, and shows how far the Labor members opposite will go to seek to gain some relevance at this time. Secondly, I just want to provide this Chamber with a few of the facts on this matter as it stands.

We are in the middle of a global pandemic, and I do want to recognise the heartbreak and distress that so many Australians have gone through, and continue to go through, as we all deal with the impact of it with our families and friends. The 41 deaths announced today by Victoria is yet another tragic reminder of what we are up against and the pain and sacrifice that all Australians are going through as we fight the pandemic. The government have acted swiftly and decisively from the start of this crisis, and we're doing what we can to assist all Australians, no matter the circumstances. We have acted in Australia's best interests and with those interests at heart. That is why it does sadden me to see the approach taken by Labor members today. The motion goes as far as to condemn the government and suggest we're not acting with integrity, and I want to, in very clear terms, dismiss this proposition. Australians have seen this government, led by the Prime Minister, act with the utmost integrity through the crisis. This shows, once again, how Labor are just desperately trying to seek relevance by scoring cheap political points.

Onto the important facts of the matter. The department manages the delivery of the partner visa program in line with the planning levels and priorities set by the government. It has been the longstanding practice of successive governments to manage the orderly delivery of migration program outcomes against planning levels. The partner visa program is not capped. It's an important point, and I will say it again: the partner visa program is not capped. Section 85 of the Migration Act allows for instruments to be made to impose caps on visas of a specified class. No instrument has been made that caps the partner visa program. Section 86 of the act provides that if a cap is imposed and if the number of visa grants reaches the number specified in the instrument, no more grants may be made. But then section 87 goes on to provide:

Section 86 does not prevent the grant of a visa to a person who applied for it on the ground that he or she is the spouse, de facto partner or dependent child of:

  (a) an Australian citizen …

  (b) the holder of a permanent visa … or

  (c) a person who is usually resident in Australia …

The practicalities of what this means to the migration program is that Australia's rules for partner visas balance the need to provide pathways for legitimate migration with the need to ensure that we don't allow people seeking to do the wrong thing to abuse the very legitimate pathways. This is not about, as Labor are trying to oddly insinuate, us preventing love. That is ridiculous and patently false. The measures in place involve a two-stage processing arrangement that protects the integrity of the program. Applicants need to show a continuing relationship with their sponsor at both stages of the two-stage process. I don't think this is anything other than what Australians would expect to occur.

Specific measures have been put in place around international borders as part of COVID-19, and that is a legitimate part of the health response. Of course, it sees impacts for both noncitizens and nonresidents. The partner subclass visa holders are exempt from the travel restrictions and can travel to Australia. Immediate family members of an Australian citizen or permanent resident, including a spouse or de facto partner who does not hold a visa, are able to apply for a temporary visa and request a travel exemption. It is in this way that the government is working with all Australians on this very sensitive and delicate matter, to make sure that we put Australia's interests first and do so with compassion and understanding of the sacrifices they are making. We'll continue to take this approach.

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