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

The government will not be accepting the amendments proposed by the shadow minister. I'll speak very briefly to that. I want to acknowledge he and his staff and other members of the crossbench have engaged in good faith on this bill which deals with some serious matters, including this aspect. I note and welcome the support of the opposition and, I believe, all members for the first two parts of this bill. In respect of the second part, I hear the concerns that have been expressed and will speak briefly to them knowing that there will be debate and further consideration in the other place.

Firstly, I think it is important that we all recognise that quite a bit has changed since 1999, particularly in respect of the circumstances of dual citizenship. More broadly, I think it is important to recognise and for me to put on the record that, of course, a protection visa application can still be refused for dual nationals who can avail themselves of protection from a third country because of nationality or some other right to re-enter and reside in that third country and, of course, section 36 of the Migration Act broadly provides that Australia does not have protection obligations in respect of a person who has a right to enter and reside in another country, including countries of which that person is a national. For these reasons, I commend the bill, unamended, to the House.

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