House debates Personal Explanations

Tuesday, 16 November 2010 House of Representatives

Chris Bowen

Chris Bowen McMahon, Australian Labor Party, Minister for Immigration and Citizenship

3:37 pm

Mr Speaker, I wish to make a personal explanation.

Harry Jenkins

Harry Jenkins Speaker

Does the minister claim to have been misrepresented?

Chris Bowen

Chris Bowen McMahon, Australian Labor Party, Minister for Immigration and Citizenship

I do.

Chris Bowen

Chris Bowen McMahon, Australian Labor Party, Minister for Immigration and Citizenship

Yesterday, the member for Cook claimed that I had misrepresented him by pointing out that his claim that offshore refugee and skilled migration visas are not subject to judicial review is wrong. In fact, the member for Cook has misrepresented me and misrepresented the law. The Migration Act requires that any valid visa application must be considered against the visa criteria and if the application meets the criteria it must be granted and if it does not it must be refused, regardless of whether the application is made offshore or in Australia. Furthermore, any decision to refuse a visa application is subject to review by the High Court. The member for Cook appears patently unaware of this.