Thursday, 16 August 2012
Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; In Committee
I again refer to the explanatory memorandum. The purpose of the new clause 198AB is to set out what factors the minister must have regard to as part of the national interest—this very point you are making. It also makes clear that the minister may have regard to other factors they consider to be relevant to the national interest, but that they are not bound to do so. Given the country does not need to be a signatory to the refugee convention, the explanatory memorandum states that the minister must have regard to whether it has given assurances to the effect that:
I think this clearly satisfies your complaint about the nature of the national interest. In fact, the minister must have regard to these issues relating to the rights of the refugee and the refugee convention.