Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

. My question is to the Minister representing the Minister for Home Affairs, Senator Fifield. Minister, documents released last week show that the former immigration minister, Mr Morrison, asked his department for ways to delay the applications of people seeking asylum in Australia. The documents show the options included asking ASIO to delay security checks and instructing the Administrative Appeals Tribunal to hear cases in a particular order to slow down processing and delay justice. Did the minister instruct or request ASIO and the AAT to act in this way? Were these instructions or requests acceded to?

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

Thank you, Senator McKim, for your question. I don't think I can do any better than to quote the Treasurer, the former Minister for Immigration and Border Protection, himself who said:

… what the report in the ABC failed to point out, about that memo, was that memo to me said that the Secretary of Immigration had already written to the Director General of ASIO. It wasn't seeking my approval. They were simply implementing government policy which was what we took to the election. We said, permanent visas would not be given to people who came to Australia illegally by boat, the Department was acting in accordance with Government policy that had just been confirmed thumpingly in a federal election so - headline – public official implement government policy approved by the Australian people.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, a supplementary question.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Well that was no answer at all to the majority of my question. The AAT, of course, didn't get a mention there. Minister, I will repeat: was the AAT requested or instructed to hear cases in a particular order to slow down processing and delay justice and, if so, why did the government act with such reckless disregard for fair process, natural justice and the rule of law?

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

This government makes absolutely no apology for doing everything it possibly can to ensure that Australia's borders are secure, that people smugglers do not have a business model which is supported by Australian government policy.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim on a point of order?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Thanks, President, it is a point of order and it goes directly to relevance. I've been very patient. That's the second time I've asked Senator Fifield whether the AAT was requested or instructed to slow down processing of particular cases. It is clear his first response didn't address that in any way. I've asked it again. He is well into his answer and he is yet to even mention the letters AAT, so I ask you to remind him of the question.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, I cannot instruct the minister how to answer the question, as long as the minister is relevant to part of the question or the preamble asked. I believe he is actually answering part of your question. I call Senator Fifield.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

Thank you, Mr President. As I was saying, as a government, we want to do everything we possibly can to ensure that people smugglers don't have a business model which is supported by government policy. In terms of the Administrative Appeals Tribunal, I'm just harking back to my memory. The Administrative Appeals Tribunal as it is today is differently constituted to 2013 when we came into government, where there were a number of different elements in different portfolios. I think there was the old Social Security Appeals Tribunal in the social security portfolio and, I think, there was the Migration Review Tribunal— (Time expired)

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, a final supplementary question?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

No answers. Minister, in his valedictory speech yesterday, former Attorney-General Senator Brandis said that powerful elements of right-wing politics have abandoned the liberal tradition 'in favour of a belligerent, intolerant populism which shows no respect for either the rights of individual citizens or the traditional institutions which protect them.' Can you confirm that this is the government's official ideology now that he is gone?

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

This government is deeply committed to the rule of law. This government is deeply committed to fairness and deeply committed to justice. We are also deeply committed to ensuring the security of Australia's borders and deeply committed to ensuring that we do not have people smugglers who are putting people at risk on the high seas.

I might just take the opportunity to pick up where I was finishing off in answer to the second question, in relation to the AAT. I would have to check in terms of the jurisdictional responsibilities that the AAT itself had back in 2013. It's not something I have direct knowledge of. If there is anything I can add further, then I certainly will.