House debates Personal Explanations

Monday, 15 November 2010 House of Representatives

Scott Morrison

Scott Morrison Cook, Liberal Party, Shadow Minister for Immigration and Citizenship

4:26 pm

Mr Deputy Speaker, I wish to make a personal explanation.

Peter Slipper

Peter Slipper Fisher, Liberal Party

Does the honourable member claim to have been misrepresented?

Scott Morrison

Scott Morrison Cook, Liberal Party, Shadow Minister for Immigration and Citizenship

I do.

Ms Anna Burke

Ms Anna Burke Deputy-Speaker

Please proceed.

Scott Morrison

Scott Morrison Cook, Liberal Party, Shadow Minister for Immigration and Citizenship

Today in question time the Minister for Immigration and Citizenship quoted me as saying that 47,000 applications for protection visas that were made offshore in Australian missions and with Australian officials around the world, or the tens of thousands of other applications that are made for skill visas and others, would not be reviewable by the High Court. The comments were made in relation to the decision by the High Court last week. The minister implied that this statement was untrue and that in fact applications made by people offshore for visas were reviewable by the High Court. I simply make this statement, by way of explanation—

Ms Anna Burke

Ms Anna Burke Deputy-Speaker

The member must show where he has personally been misrepresented.

Scott Morrison

Scott Morrison Cook, Liberal Party, Shadow Minister for Immigration and Citizenship

He has stated that that is an incorrect statement. He is wrong in doing so because there is no duty to exercise a power to grant a visa. The remedies mentioned in section 75 of the Constitution to the High Court for appeal do not apply in these cases.

Ms Anna Burke

Ms Anna Burke Deputy-Speaker

I think the member for Cook has made his point.

Scott Morrison

Scott Morrison Cook, Liberal Party, Shadow Minister for Immigration and Citizenship

I have almost finished, Mr Deputy Speaker. I will not detain the House any longer.

Warren Snowdon

Warren Snowdon Lingiari, Australian Labor Party, Minister for Defence Science and Personnel

Mr Deputy Speaker, on a point of order: he has demonstrated where he said he has been misrepresented. That is all he needs to do. He needs to sit down.

Ms Anna Burke

Ms Anna Burke Deputy-Speaker

I am listening very closely. The member ought to be aware that he must show where he has personally been misrepresented. He cannot debate the topic, and I would ask him to bring his personal explanation to a conclusion expeditiously.

Scott Morrison

Scott Morrison Cook, Liberal Party, Shadow Minister for Immigration and Citizenship

Thank you, Mr Deputy Speaker. I simply make the point that the minister represented my statements as being incorrect. I stand by those statements. They were correct because there is a discretionary power to grant visas and the minister clearly does not understand this.

Ms Anna Burke

Ms Anna Burke Deputy-Speaker

The matter is now on the record.