House debates Questions without Notice

Immigration

Wednesday, 20 June 2012 House of Representatives

Scott Morrison

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

3:00 pm

My question is to the Minister for Immigration and Citizenship. Can the minister explain why he was unable to act to use his powers under section 109 of the Migration Act to cancel Captain Emad's visa before he fled the country, and why the minister had no knowledge of the people-smuggling allegations against Captain Emad until the day before Captain Emad fled the country?

Chris Bowen

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

3:01 pm

I think the member for Cook has come back to clean up the problems from yesterday, Madam Deputy Speaker. The fact of the matter is that when a visa is cancelled, or when a visa cancellation process is begun, it is a very serious matter, and it must be handled with due consideration of the facts and the case in hand. When you are considering a visa, it must be based on all the evidence before you. I asked my department to thoroughly examine the claim made by Mr Al Abbasi and then, after thoroughly examining that claim and in coordination with sister agencies overseas, the notice of intention to cancel announcement was made.

There is a right way and a wrong way to cancel a visa. If you cancel it the wrong way, not only can the visa be reinstated but also the taxpayers of Australia can be required to pay very substantial compensation to the individuals concerned. If you want a tip on how not to do it, check with the member for Menzies.

Unidentified interjection - Hansard doesn't record who said this

Opposition Members:

Opposition members interjecting—

Ms Anna Burke

Ms Anna Burke Deputy-Speaker

Order! The member for Cook has asked his question. The member for Banks has the call.