Kerry Nettle (NSW, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (1) and (2) on sheet 5238 together:

(1)    Schedule 1, item 2, page 4 (after line 2), at the end of section 359AA, add:

        (2)    Information adverse to the applicant may be provided orally only at the election of the applicant.

(2)    Schedule 1, item 18, page 6 (after line 23), at the end of section 424AA, add:

        (2)    Information adverse to the applicant may be provided orally only at the election of the applicant.

As I indicated in my speech in the second reading debate, these amendments are recommendations of the Senate inquiry. They are about allowing information which is adverse to the applicant at the Refugee Review Tribunal or the Migration Review Tribunal only to be provided orally rather than in a written form at the election of the applicant. We believe that, as I indicated in my speech, these amendments improve the bill. We still have concerns around the bill.

These are the recommendations of the Senate inquiry that looked at this legislation. We think it is very difficult for applicants in the review tribunals on migration and refugees, particularly when they have language difficulties, to understand what is going on. We are not saying that you cannot have oral evidence, but we are saying it has to be the choice of the applicant that adverse information come through in oral rather than written form. I have outlined a number of these issues already in my speech in the second reading debate, and I am happy to simply proceed with the amendments.