Senate debates

Wednesday, 25 March 2015


Migration Amendment (Protection and Other Measures) Bill 2014; In Committee

9:44 am

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Hansard source

The government will not be supporting the Greens amendment. The amendment opposes and seeks to remove the requirement under proposed section 423A that a tribunal is to draw an inference unfavourable to the credibility of a claim or evidence unless the applicant has a reasonable explanation for not providing it before the primary decision. Together with proposed section 5AAA, the intent of proposed section 423A is to encourage the comprehensive and timely presentation of all claims and evidence in support of a protection visa application and to discourage the late presentation of claims or evidence unless the applicant has a reasonable explanation for doing so. When considering what is a reasonable explanation, tribunal members will take into account factors such as the applicant being a minor, a sufferer of torture or trauma, or a person with a mental or physical impairment. The provision is intended to facilitate a tribunal member in dealing with an application for a protection visa where new claims and evidence have been raised simply to prolong an applicant's stay in Australia rather than due to a genuine need for protection. The tribunal has procedural fairness requirements which require it to give the applicant an opportunity to explain late or new claims in evidence. I again confirm, for the benefit of the Senate, that the government has tabled additional information in the addendum to the explanatory memorandum which explains the existing requirements.


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