Senate debates
Tuesday, 17 September 2024
Questions without Notice
Visa Refusal or Cancellation
2:48 pm
James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source
My question is to the Minister representing the Minister for Home Affairs, Senator Watt. The Australian reported yesterday that a Colombian man who was convicted of sexually offending against a teenager has been allowed to remain in Australia under the Albanese Labor government's direction 110. Minister, will the government immediately intervene to reverse the AAT's decision and cancel the offender's visa?
2:49 pm
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
Thanks, Senator Paterson, for the question. I have no intention of announcing a minister's decision—especially when it's a different minister, not me—about a particular immigration matter, in the middle of question time. It would be highly inappropriate to do so. And that's clearly a decision to be made by Minister Burke. I'm not aware of whether he has made that decision yet, but of course he'll evaluate that. But it's an opportune time to remind the chamber of the absolutely disgraceful record of Mr Dutton as the home affairs minister on these matters.
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
I know you don't want to hear it. I know you don't want to hear it. But the problem when you raise this—
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
He definitely doesn't want to hear it.
Opposition senators interjecting—
James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source
A point of order on direct relevance—the minister helpfully signposted that he had no intention of answering the substantive question and has now moved on to unrelated matters. I ask you to draw him back to the question or sit him down.
Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source
On the point of order, it has been the practice in this place for ministers to be clear about what their response is to the substantive and then to be permitted to make broader comments in relation to the subject matter. That still has been considered by presidents to be directly relevant.
Sue Lines (President) Share this | Link to this | Hansard source
The minister is being relevant, but I will direct him to confine his remarks to government matters. Minister Watt, please continue.
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
What I can say is that the minister, Minister Burke, has been very clear that he will use his powers to remove people from this country who shouldn't be here. We've also been clear that there have been issues with the AAT process that we have been addressing. But the bottom line is that anyone who is being considered by the AAT has already had their visa cancelled by the Department of Home Affairs. That stands in great contrast to the behaviour we saw from Mr Dutton as the home affairs minister. In May—
Opposition senators interjecting—
Oh, we're touchy!
Sue Lines (President) Share this | Link to this | Hansard source
Minister Watt, please resume your seat. Senator Paterson.
I have a senator on his feet, Senator Ayres. I expect there to be silence. Senator Paterson.
James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source
On your ruling from just a moment ago, President, the minister is now openly defying your direction to confine his comments to government policy.
Sue Lines (President) Share this | Link to this | Hansard source
The minister is being relevant to the question that you asked, and I will expect him to remain substantially on government policy, which is exactly what he was doing.
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
I think we all know that Senator Paterson's chief job in the opposition is to protect the honour of Mr Dutton, and he's doing a very good job of that today. Unfortunately for Senator Paterson, the truth is that, while the Leader of the Opposition was the home affairs minister, two men convicted of being accessories to murder were released on his watch. And 102 convicted sex offenders, among them 64 child sex offenders, were released on Mr Dutton's watch. How come you never talk about that? How come you never talk about the fact that when Mr Dutton—
Opposition senators interjecting—
Sue Lines (President) Share this | Link to this | Hansard source
Minister Watt, I do remind you to confine your remarks to the government policy.
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
Well, the government's policy is significantly different to what we saw from Mr Dutton, who, while he was the home affairs minister, released a man who was born in the UK in 1947 and was convicted in 2016 of being an accessory to the stabbing of an associate in a cannabis operation. You never want to talk about that, do you? But we—
Sue Lines (President) Share this | Link to this | Hansard source
Thank you, Minister Watt. The time for answering has expired.
Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source
President, on a point of order, you were very clear in your instructions to the minister, who then wilfully disregarded your instructions and ignored them completely. The time has all but expired but for a second. But I would urge you to caution the minister to ensure that, in the remaining question, he is actually relevant to the question and adheres to the rulings that you are making.
Sue Lines (President) Share this | Link to this | Hansard source
I believe that the minister was being relevant to the request that I gave him. He was using government policy and contrasting it with other policies. I'm not sure, Minister Watt, what you might say in one second, but you can give it a shot if you're so inclined, or I will move to—Senator Paterson, first supplementary?
2:53 pm
James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source
The report also notes that another convicted child sex offender and a man who was part of a large-scale drug operation had their visas reinstated under direction 110, which puts ties to the community as a primary consideration in visa decisions. Minister, how many serious criminals have had their visas reinstated on Labor's watch under direction 110?
2:54 pm
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
Thanks, Senator Paterson. As I've already said, the minister has made clear that he will use his powers to remove people from the country who shouldn't be here. And, again, anyone who's being considered by the AAT has already had their visa cancelled by the department. But I can tell you someone who knows a bit about releasing sex offenders from immigration detention—
Sue Lines (President) Share this | Link to this | Hansard source
Order, Senator McKenzie! Minister Watt.
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
and his name is Peter Dutton.
Sue Lines (President) Share this | Link to this | Hansard source
Order! Senator Cash!
And Senator Ayres. Order! Senator Paterson.
James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source
President, you might be able to anticipate my point of order on direct relevance. This is a factual question: how many? The minister hasn't even entertained going to the substance of the question. He could take it on notice.
Sue Lines (President) Share this | Link to this | Hansard source
Senator Paterson, I am reminded that the minister is not required to answer the question in the terms that you have indicated. I believe the minister is answering the question. I will continue to listen carefully and I'll draw him back to it if he strays from that. Senator McKenzie, Senator Cash and Senator Ayres, please no more interjections—seriously.
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
As I say, that's the position of this government. Let's remember that when Peter Dutton was the home affairs minister he released a man who was born in the UK in 1945 and was convicted in 1986 of being an accessory to murder when a drug associate shot another man in what was described as a gangland execution. He released a man who was born in the UK in 1947—
Sue Lines (President) Share this | Link to this | Hansard source
Minister Watt, I will draw you back to Senator Paterson's question.
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
Point of order, President. May I request—
Opposition senators interjecting—
Sue Lines (President) Share this | Link to this | Hansard source
Order! Order on my left! Senator Watt.
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
May I request your consideration of your earlier point—that it was legitimate to contrast the opposition's record with the government's record. That's what I'm seeking to do.
Sue Lines (President) Share this | Link to this | Hansard source
Minister Watt, I did indeed say it was fine to contrast, but I've yet to hear the contrast.
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
We've amended the immigration law to ensure that the AAT has very clear directions about who can be released. The contrast is Mr Dutton, who released a man who was an accessory to the stabbing of an associate in a cannabis operation, who helped another man carry the victim's body to the boot of a car and dump it in a makeshift grave. That's your leader.
Sue Lines (President) Share this | Link to this | Hansard source
Thank you, Minister Watt.
Honourable senators interjecting—
Order! I did call for order. Senator Paterson, second supplementary?
2:57 pm
James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source
Will the minister for home affairs and immigration immediately restore the stronger policies of the former coalition government which put ties to the community as a secondary rather than a primary consideration for visa decisions?
Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source
I'm surprised Senator Paterson wants to bring back the policies of the Leader of the Opposition, the former minister, such as releasing people with no electronic monitoring, curfews or other conditions and having no joint ABF or AFP operations. We're not going to take lessons from someone who releases hundreds of sex offenders. We're not going to take lessons.