Senate debates

Friday, 10 November 2023

Statements by Senators

Immigration Detention

1:56 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

I wish to add to my answer in question time yesterday relating to the High Court's decision relating to the Migration Act. This is a significant decision overturning a 20-year-old precedent. Our first priority as a government will always be the protection of Australians. I can confirm that the government complied with the High Court's order and released the individual who brought the case in the High Court, but that release was subject to strict conditions. Complying with orders of the High Court is not optional. Governments are required to act in accordance with the law, and that is what we will do. We are working through the implications of the High Court's order more broadly. As I informed the Senate yesterday, the full scope of the impact will not be apparent until we receive the High Court's written reasons and until we receive further legal advice on the basis of those reasons.

I am advised that there are 92 individuals in addition to the plaintiff who are likely to be impacted by the decision. There may be additional individuals affected by the High Court's decision. We are now working through each case to determine the impact of the order. However, as I noted yesterday, this process will be informed by advice, and we will need to wait for the written decision from the High Court to determine the full impact of the decision. The Minister for Immigration, Citizenship and Multicultural Affairs, Minister Giles, today issued a statement advising that other individuals impacted by this decision will be released and that any visas granted to those individuals will be subject to appropriate conditions. The government will be working closely with states and territories to ensure that community safety remains paramount following the release of any individuals whose cases are affected by this decision.

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