House debates Questions without Notice

Immigration Detention

Wednesday, 28 February 2024 House of Representatives

Dan Tehan

Dan Tehan Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship

2:16 pm

My question is to the Minister for Immigration, Citizenship and Multicultural Affairs. What circumstances would cause the minister to release from immigration detention into the community an Austrian citizen who pleaded guilty to poisoning people?

Milton Dick

Milton Dick Speaker

I'll hear from the Leader of the House.

Mr Tony Burke

Mr Tony Burke Watson, Australian Labor Party, Minister for Employment and Workplace Relations

That entire question was framed as a hypothetical. There's an explicit ruling against questions being hypothetical, and that question was nothing but.

Milton Dick

Milton Dick Speaker

Standing order 100(d)(vii) does indicate that questions should be ruled out of order with hypothetical matter, so I'm going to ask the member just to rephrase that question slightly to make sure that it is within the standing orders. That's not just repeating the same question with one word changed; it's just making sure that it's a directly responsible decision that the minister has responsibility for, not an expression of opinion or a hypothetical situation.

Dan Tehan

Dan Tehan Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship

My question is for the minister for immigration. In a previous answer, he's referred to releasing from detention an Austrian who had pleaded guilty to poisoning people. Under what circumstances would the minister release such a person from detention?

Andrew Giles

Andrew Giles Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs

2:18 pm

I have already answered this question in respect of the first part. Let me be very clear: I don't accept the characterisation that was just put to the chamber. I say this—

Peter Dutton

Peter Dutton Dickson, Liberal Party, Leader of the Opposition

He did poison people. He did.

Milton Dick

Milton Dick Speaker

Order! The Leader of the Opposition, I want to hear the minister's answer.

Andrew Giles

Andrew Giles Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs

We continue to take every possible step to deport people who have no right to stay in the country, and this is a matter which is currently before the courts.