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

My question is to the Minister representing the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Minister, I refer to the Murugappan family, which your government has detained for years, spending millions of dollars to deliberately harm two innocent children and their parents. Why did it take one of the children suffering from a potentially life-threatening illness for your government to show even the merest glimpse of compassion? Minister, why has this family not simply been allowed to return to their home in Biloela?

Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

I thank Senator McKim for the question, because, Senator McKim, what it again shows the people of Australia is that, under the Greens, you will continue to allow people smugglers to exploit people by putting them on boats and drowning—around 1,200 drowned—and taking that perilous journey to Australia. Senator McKim, the question that you have put to me is a very real reminder for everybody in this chamber that, as a country, as a government, we are still today, in 2021, dealing with the legacy of border protection failure when both yourself and Labor were last in government. The Morrison government has made it very, very clear that only misery, human misery, can result from allowing people smugglers to conduct their ugly trade. Twelve hundred people—

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

Order, Senator Cash! Senator McKim, on a point of order.

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

Thanks, Mr President. The point of order is on relevance. I didn't ask about borders. I didn't ask about border protection. I didn't ask about the Greens' policy. I didn't ask about Labor policy. I just asked about one family and why they are not allowed to return home. That was the extent of the question.

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

On the point of order, while it was a very broad question—and questions that contain multiple 'whys' do allow a lot of discretion in answering them—I will take your point, Senator McKim, that that does not include covering alternative policies or policies of other parties in general commentary. Senator Cash to continue.

Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

Thank you, Mr President. The Morrison government has made it very clear that there can be no incentive for people to circumvent our orderly and generous migration system. In relation to the decision that has been made by the minister for immigration, he has decided that the Sri Lankan family on Christmas Island will be released from held detention and they will be reunited in the Perth community. They will reside in suburban Perth through a community detention placement, close to schools and support services, whilst the youngest child receives medical treatment from nearby Perth Children's Hospital. But let me be very, very clear: this decision strikes a balance between the government's strong border protection policies and appropriate compassion in circumstances involving children in detention.

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

Minister, why does the minister not simply lift the bar and allow this family to make a valid visa application and set them on a pathway to permanent residency and, ultimately, to citizenship—or haven't they suffered enough for you?

Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

I will reiterate what the relevant minister has reiterated, what previous ministers have reiterated and what the Prime Minister has reiterated. We have made it clear that, under our government, if you arrive here illegally you will not be permanently resettled here. We need to be very clear: today's decision by the minister for immigration does not create a fresh pathway to a visa. The government's position on border protection has not changed. Anyone who arrives in Australia illegally by boat will not be resettled permanently. Anyone who is not found to be owed protection—and, Senator McKim, the parents have, through numerous courts now, not been found to be owed protection now—is expected to leave Australia. The result of what you want us to do is a clear signal to the people smugglers.

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

The government's argument that this family must be detained and mistreated to prevent people from coming to Australia by boat to seek asylum is an admission—is it not, Minister?—that Australia's immigration system is built on a foundation of torture. Minister, how many other government policies depend on the deliberate mistreatment of children and families to be effective?

Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

Unfortunately, Senator McKim, yet again—and you and I have done this before—we are going to agree to disagree. The decision that we have made strikes the right balance in our government's strong border protection policies. The Morrison government, unlike you, Senator McKim, and the Australian Greens, will not send a message to the people smugglers that Australia is open for business. This case alone reminds Australians that we are still dealing, in 2021, with the legacy caseload of what occurred last time you were given the opportunity, Senator McKim, of joining with the Australian Labor Party, when in government, to unravel Australia's strong border protection policies. There were 50,000 people arriving illegally here by boat and 1,200 people, that we know of, dying at sea. We will not, as a government, send that message to the people smugglers.