House debates

Thursday, 7 December 2023

Questions without Notice

Immigration Detention

2:43 pm

Photo of Paul FletcherPaul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | | Hansard source

My question is to the Minister for Immigration, Citizenship and Multicultural Affairs. The Vice President of the Rule of Law Institute, Chris Merritt, has written:

On November 8 … the government was obliged only to release NZYQ. It was under no obligation to release the others because it could not be certain about the new principles governing indefinite detention.

The government could have used the time between 8 November and 28 November to put legislation in place to keep Australians safe. Will the minister apologise to Australians for his catastrophic failure and to the victims of crimes carried out by the released detainees?

2:44 pm

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

As the statement tabled by the Attorney-General earlier this week makes crystal clear, the decision set a new limit on the power the executive has to detain anyone in the same position as the plaintiff—anyone in the same position as the plaintiff—and, further, that that had to be implemented immediately. That is the case. That is the law—a law that was unequivocally confirmed by the written decisions delivered by the court.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! The member for Barker has been continually interjecting and will leave the chamber under standing order 94(a). Merry Christmas!

The member for Barker then left the chamber.