Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minister, Senator Gallagher: News reports today show that earlier this month immigration minister Andrew Giles personally intervened in an immigration detention matter to release a convicted criminal who had deep affiliations with the Australian Labor Party. Mr Safwat Abdel-Hady was initially convicted for spiking drinks with intent to commit an act of indecency, which, on retrial, become a conviction on a lesser charge. He was convicted of multiple assaults and subjected to an apprehended violence order. He was also a close associate of former prime minister Bob Hawke, and in 2013 was granted a visa under the then Labor government, despite failing the character test. Why did Mr Giles personally intervene to ensure that Mr Abdel-Hady was treated differently to the NZYQ cohort and was released without monitoring and curfew conditions?

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

Senator Ruston, yes, we do try to get together and think about what questions might be asked. We do prepare.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Ruston!

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

We take this seriously. But can I say—

Sue Lines (President) Share this | Link to this | Hansard source

Minister Gallagher, please resume your seat. Senator Ruston, I've called you several times already during question time. I'm asking you to listen in silence.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I can confirm that this individual is not part of the NZYQ cohort. We continue to take every possible step to deport people who have no right to stay in this country. The matter is currently before the court, so I won't be going into any individual matters, but I do draw the Senate's attention to the comments of the judge in the most recent hearing, who said: 'There appears to be a very fixed view on the part of the minister to be rid of this man.' He is right.

I would also point out to the chamber that those opposite had five years to remove this individual and, surprise, surprise, they didn't do it. The opposition leader not only holds the record as the worst health minister in 35 years; we have now had three reports by three eminent Australians—former public servants—who have uncovered and highlighted the system of neglect and maladministration that existed in it the Home Affairs portfolio under his watch.

While he would have you believe he was the tough cop on the beat, these three reports say otherwise. They show a failed migration system full of problems. They uncovered the significant abuses of sexual exploitation, human trafficking and other organised crime. Dr Parkinson found that it was a deliberate decision to neglect the system and that it was so badly broken it required a 10-year rebuild. That was the finding of Dr Parkinson, and I could go on, because the opposition's record in this area is full of failure. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Birmingham, first supplementary?

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

Contrary to what the minister has said, the Department of Home Affairs warned that Mr Abdel-Hady was likely affected by the High Court's decision in the NZYQ case. But, instead of him being released under the strict visa conditions of a bridging visa R, he was released under a bridging visa E. Why did Minister Giles choose to intervene and choose to give him a more lenient visa, and has Minister Giles intervened into any other cases that he is keeping secret?

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I would remind the chamber—and I don't have the quote in front of me—that I recall the Leader of the Opposition drawing to a journalist's attention that the immigration minister is the most litigated minister in any government. So there are always a number of cases underway which involve the minister for immigration.

In terms of the matter raised by the Leader of the Opposition in the Senate, this matter is currently before the courts, so I am not going to go into individual matters and individual circumstances. I would say that the minister is seeking to deport this individual and, again, that there were five years for this to have been done—to remove the individual.

Well, his visa got cancelled, Senator Henderson, as I understand it, and he has been in detention. And we're seeking to remove him, but you didn't do it. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Birmingham, a second supplementary.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

Indeed, in 2017 the then immigration minister, Mr Peter Dutton, did cancel Mr Abdel-Hady's visa. And yet this week, the now immigration minister, Mr Giles, has put him on a visa that lets him back out on the street without strict conditions. Does Mr Giles or the government know where Mr Abdel-Hady is now? And how long will he now be in the Australian community because of Minister Giles' decision?

Opposition Senators:

Opposition senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Before I call Senator Gallagher, I am going to wait for silence, particularly on my left. Minister Gallagher.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I don't accept the proposition that the Leader of the Opposition in the Senate has just put to me. The matter is before the court. I would draw the attention of those opposite who are now frothing at the mouth about this to the fact that they did nothing for five years. Five years! Five years—nothing. For five years you did nothing, and I would also say, and I can quote—

Opposition Senators:

Opposition senators interjecting—

The:

Minister Gallagher, please resume your seat. Order! Please continue, Minister.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

Thank you. To use a quote from Peter Dutton, the Leader of the Opposition, 'I'm not going to comment on individual cases,' okay? As I said in the quote, it's a reasonable position:

This is a matter before the court. … there appears to be a very fixed view on the part of the minister to be rid of this man.

And the judge is right.