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

I thank those members who have contributed to this debate on the Migration Amendment (Giving Documents and Other Measures) Bill 2023. I acknowledge the contribution just now of the member for Sturt, and I assure him that building an immigration system that works in the national interest and is administratively efficient is a focus of the government. I acknowledge in particular the work of those officials of the immigration function in the home affairs department to ensure some of the concerns that he has set out—concerns which I believe are shared by every member of this place—are being attended to. This will, of course, be an iterative process. I look forward to ongoing debate in this place and in other forums with all members and senators on these matters.

The Migration Amendment (Giving Documents and Other Measures) Bill 2023 will amend the Migration Act 1958. The amendments in the bill will support improved and fairer processes under the Migration Act. They improve the effectiveness of the notification of decisions and actions under the act and reduce inefficient processes relating to the making of valid protection visa applications for dual citizens. The commonsense amendments in this bill strengthen the notification framework for visa related decisions. They do this by reinforcing existing mechanisms, ensuring that those affected have the best chance of actually receiving the relevant documents. These also mirror other legislative frameworks by adopting a substantial compliance notification framework, providing greater certainty in relation to the notification of visa related decisions and actions for both the minister and the recipient of such notices.

This bill also removes the prohibition on nationals of two or more countries from lodging a valid application for a protection visa. Subdivision AK of division 3 of part 2 of the Migration Act currently prevents any person who is a national of two or more countries from lodging a valid application for a protection visa but allows the minister to lift the bar if it's in the public interest to do so. The removal of this subdivision from the Migration Act will improve administrative efficiencies, minimising the risk of family separation and streamlining the process for dual nationals seeking protection in Australia. The government's position remains unchanged. Those who can avail themselves of protection from a third country because of nationality or some other right to re-enter or reside in a third country should seek protection from the third country instead of applying for a protection visa in Australia.

This bill deserves support, and I commend the bill to the House.

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