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

My question is to Minister Cash, representing the Minister for Home Affairs. Home Affairs Minister Dutton told 2GB radio last week that Nades, the father of the family from Biloela that your government is currently detaining on Christmas Island, had travelled internationally from Australia while his matter was still before the courts. Minister, can you confirm that, in fact, Nades did not travel from Australia while his matter was before the courts and that, anyway, under his visa conditions he would not have been allowed to return to Australia if, in fact, he had left?

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) | Link to this | Hansard source

I thank Senator McKim for the question. In relation to those details, Senator McKim, I will need to take them on notice and revert to you. But in relation to this more broadly, Senator McKim, the only reason these people, as you know, are actually in this particular situation is because of the policies that you supported the last time the Labor Party were in power. This is all about a failure to protect our borders, and the situation which is currently playing out is a direct result of a policy failure by the former Labor government in conjunction with and supported by the Australian Greens.

The minister has made it abundantly clear in relation to this particular family's case. It has been comprehensively assessed over many, many years. You will have heard the minister say, 'They have gone on to appeal to the federal magistrates court, the Federal Court and the High Court.' The highest court in our land has found against these people. They have, every single step of the way, explained their circumstances to every decision-maker and judge, and every single one of them—every single one of them, Mr President—has rejected their claim for protection. Even though the Australian Greens do not like this, what that means is that they are not refugees.

But, again, in relation to this situation, it goes back to a fundamental failure to protect our borders, and this government has made it very clear—and this minister and the Prime Minister, who is the former minister, have made it very, very clear—that Australia's border protection will always come first.

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

Senator McKim, a supplementary question.

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

Talk about leading with your chin, Minister. Can you confirm that you've just misled the Senate by claiming that the High Court found against the Biloela family, when in fact there was no appeal heard in the High Court? Secondly, have you misled the Senate in the claim you just made when you said the courts had rejected this family's claim for protection, when in fact these matters were not merits based assessments; they were simply assessments of the court on whether the process had been followed— (Time expired)

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) | Link to this | Hansard source

I completely reject the premise of Senator McKim's question. As I have stated, as the Prime Minister has stated, and as the minister himself has stated on numerous occasions now, the family's case has been comprehensively assessed over many years. They have gone on to appeal to the federal magistrates court, the Federal Court and the High Court, and on every single occasion they have explained their circumstances to every decision-maker and judge, and every one of them has rejected their claim for protection. Senator McKim does not like a government that puts the security of its nation and the security of its people at the forefront of government policy.

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

Senator McKim, a final supplementary question.

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

Minister, why are you currently misleading the Senate about this matter? Why did the minister use that 2GB interview to denigrate the Biloela family by putting false information on the record and by using the racially loaded term 'anchor babies'? Is this your consistent tactic of denigrating refugees in this country for political purposes?

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) | Link to this | Hansard source

I would expect nothing more and nothing less from Senator McKim in terms of his attitude, and the attitude of the Australian Greens, towards border protection. Senator McKim, I completely reject the premise of your question. The minister, along with the Prime Minister, are possibly the toughest ministers when it comes to border protection this country has ever seen. Senator McKim, your party's policy to support the Australian Labor Party the last time that they were in power led to in excess of 50,000 people coming here illegally by boat. It led to, quite alarmingly, 1,200 people that we know of perishing at sea. They also, if you recall, despite the high moral ground that they like to take, had no problem in seeing children locked up in detention. This is a direct consequence of a failure to protect Australia's borders.