David Pocock (ACT, Independent) Share this | Link to this | Hansard source

by leave—at the request of Senator Lambie, I move amendments (1) to (3) on sheet 3630 together:

(1) Schedule 1, item 9, page 5 (lines 24 to 25), omit "or another decision prescribed by the regulations".

(2) Schedule 1, item 16, page 7 (lines 6 to 15), omit subsection 367C(2), substitute:

(2) An application made to the ART for review of a reviewable migration decision is an application to be reviewed on the papers if the decision is a decision to refuse to grant a student visa.

(3) Schedule 1, item 16, page 7 (lines 23 to 27), omit subsection 367C(4), substitute:

Regulations

(4) Without limiting paragraph (3)(b), regulations made for the purposes of that paragraph may prescribe circumstances relating to applications made before, on or after the commencement of those regulations.

James Paterson (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

The opposition does not support these amendments. The amendments limit on-the-papers review specifically to student visas, reducing the scope of streamlined reviews for migration decisions. Limiting the bill in this way may undermine its objective of reducing backlogs and streamlining processes in the ART as it potentially narrows the decisions eligible for on-the-papers review.

Nita Green (Queensland, Australian Labor Party, Assistant Minister for Tourism) Share this | Link to this | Hansard source

The government will not be supporting these amendments. The government maintains this power provides flexibility to respond to changes in migration case loads in a timely way. It is appropriately constrained to apply to temporary visa types and does not apply to protection visa matters. Removing the regulation-making power would undermine the effectiveness of these reforms. As a regulation, though, it is of course disallowable by parliament, as is appropriate.

Matt O'Sullivan (WA, Liberal Party, Shadow Assistant Minister for Fisheries and Forestry) Share this | Link to this | Hansard source

The question is that amendments (1) to (3) on sheet 3630 be agreed to.