House debates Questions without Notice
Visa Refusal or Cancellation
Dan Tehan Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship
2:22 pm
My question is to the Minister for Immigration, Citizenship and Multicultural Affairs. The West Australian newspaper has just published a report that yesterday another noncitizen described as having a long criminal history, including kidnapping, reckless conduct endangering life and being a reported associate of Tony Mokbel, has escaped deportation because of ministerial direction 99. Minister, have you cancelled his visa?
Andrew Giles Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs
I thank the member for Wannon for his question. I have, over the last week, cancelled 35 visas and there are more under review. I am aware of the case that the shadow minister refers to, which was decided by the AAT yesterday. It is under consideration in accordance with the national interest. I note again, though, that these are cases where my department had maintained the cancellation of the visa under the ministerial direction, unlike under the Leader of the Opposition, where there were 1,298. One of them the Prime Minister went to yesterday on an individual with convictions for a sexual based offence in relation to a girl under 14 and for repeatedly breaching bail conditions. The opposition leader failed—
Unidentified interjection - Hansard doesn't record who said this
Opposition Members:
Opposition members interjecting—
Andrew Giles Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs
They don't want to hear about this. I wonder why not!
Dan Tehan Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship
Mr Speaker, it goes to relevance. The question was very specific as to whether the minister has cancelled the visa of this associate of Tony Mokbel.
Mr Tony Burke Watson, Australian Labor Party, Minister for Employment and Workplace Relations
On the point of order, Mr Speaker, what the minister is doing is a direct compare and contrast between whether people under the ministerial direction were having their visa cancelled or whether under ministerial direction people were being released. That's the difference. When it's a direct compare and contrast, that has always been within direct relevance.
Milton Dick Speaker
I'm just going to hear from the Manager of Opposition Business.
Paul Fletcher Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy
Just on the response that the Leader of the House has given: he has effectively just admitted that the minister was breaching standing orders. It was a very clear, direct question, and the minister needs to deal with the direct question he was asked.
Milton Dick Speaker
Whilst the Leader of the House is correct about some compare and contrast, the minister will need to make sure his answer is relevant to the direction—whether it be direction 90 or as a result of direction 90, which was before direction 99, involving the decisions involved—not simply talk about the past. He will need to make sure his answer is directly relevant with the decisions that he has made, in particular, with this case.
Dan Tehan Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship
Just on the point of order, Mr Speaker.
Milton Dick Speaker
I was pretty clear on what the minister should be doing. I'll listen carefully. Out of respect for the member for Wannon and his seniority, I will grant him the call.
Dan Tehan Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship
Ministerial direction 99 was what it specifically related to.
Milton Dick Speaker
I'm aware of that, but before 99 there was direction 90. I understand the issue. Thank you for your assistance, Member for Wannon. The minister has the call.
Andrew Giles Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs
Thank you for your assistance, Speaker. I say again: I'm aware of the case that the shadow minister referred to. It was a decision handed down by the AAT yesterday. It is under consideration in accordance with the national interest, as is the case. I also say that there are other cases which have been overturned by the AAT—in particular, the one the Prime Minister referred to in question time yesterday. This is the case where the now opposition leader failed to do anything after the AAT overturned a decision, and it's now alleged the individual in question went on to reoffend very, very seriously.
An opposition member interjecting
Andrew Giles Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs
On Saturday I did what the now opposition leader should have done and cancelled this individual's visa.