John Madigan (Victoria, Independent) Share this | Link to this | Hansard source

My question is to the Assistant Minister for Immigration and Border Protection, Senator Cash. Nobel Prize winner Aung San Suu Kyi said during her visit to Australia in November 2013 that the rule of law 'must be tempered by mercy' in cases of asylum seeker children born in Australia. Will the government commit to ensuring that the babies of asylum seekers who are born on Australian soil are given the legal right to apply for protection and citizenship and are not deported to offshore detention centres?

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

I thank Senator Madigan for the question. The government considers that children of unauthorised maritime arrivals are already included within the existing definition of an 'unauthorised maritime arrival' within the Migration Act. Section 5AA of the Migration Act defines an unauthorised maritime arrival, and section 10 of the act provides that a non-citizen child born in a migration zone is taken to have entered Australia when he or she is born. If the parents of the child do not hold visas at the time of the child's birth, the child will not hold a visa at the time of the its birth because the children of unauthorised maritime arrivals enter the migration zone without a visa. When they are born as unlawful citizens, they are taken to have entered the migration zone by sea and are unauthorised maritime arrivals. I can also confirm that on 15 October 2014 the Federal Circuit Court handed down a judgement in this matter. The court found that a child born to parents who are unauthorised maritime arrivals is also an unauthorised maritime arrival.

John Madigan (Victoria, Independent) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Minister, when government makes decisions on the fate of asylum seeker children, what consideration is given to whether or not the actions of government are merciful and compassionate?

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

I thank Senator Madigan for his supplementary question. The government treats all asylum seekers with compassion and in accordance with our international obligations. The government feels that the most compassionate action is to get all the proven children of refugees out of detention. I would reiterate the point that Minister Morrison made to the Human Rights Commission inquiry. He stated as follows:

The aim of the Abbott Government is to return detention centres to the position left by the Howard Government, where there were no … children in detention at all who had arrived by boat.

None whatsoever. I'm sure we would all welcome seeing that again and I know I certainly would.

Senator Madigan, I would make the point that recent policy changes by this government have seen a decrease in the number of children in detention.

John Madigan (Victoria, Independent) Share this | Link to this | Hansard source

Mr President, I have a final supplementary question. Minister, do you or the government believe that it is right to use children as bargaining chips in political dealings concerning asylum seeker policy?

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

The answer is yes.

Stephen Parry (President) Share this | Link to this | Hansard source

You were not asked the question, Senator Conroy.

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

I thank Senator Madigan for his second supplementary question. Senator Madigan, I respectfully reject the premise of your question. The point that Minister Morrison has made is that he would like to see children out of detention facilities at Christmas time. I certainly believe that that is what we on this side of the chamber want. The only bargaining going on here is by those on the other side.