House debates

Monday, 17 September 2012

Questions without Notice

Taji Mustafa: Visa

2:56 pm

Photo of Scott MorrisonScott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | | Hansard source

My question is to the Minister for Immigration and Citizenship. I refer the minister to his previous answer and ask: has the minister considered the specific case of Taji Mustafa's visa with respect to his compliance with the public interest criteria of the character test under section 501 of the Migration Act? If so, what was the result of his consideration of this case? If not, why not?

Photo of Chris BowenChris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | | Hansard source

I thank the honourable member for his question. Such is his interest in this matter that he wrote to me on Thursday and, funnily enough, he also released details to the journalists in the press gallery at a very similar time as writing to me. Such is his public interest concern in this particular case.

In relation to my powers under the character test and the public interest test I will conduct myself in the same way as I have in the other 38 cases that I have personally considered and I will—

Photo of Scott MorrisonScott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | | Hansard source

I rise on a point of order in terms of specific relevance. I asked whether he had considered this specific case. Has he considered this specific case, and if not, why not? If so, what was the outcome?

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

The minister has the call and will refer to the question before the chair.

Photo of Chris BowenChris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | | Hansard source

I conduct myself in relation to the character test in accordance with my responsibilities under the act. To do otherwise would be to open the Commonwealth to potential overturning of the decision and a potential very serious compensation case, as the honourable member for Menzies well remembers.

Opposition members interjecting

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

The member for Cook is warned.