Summary

Edit

The majority voted in favour of a motion to disallow Migration (Immi 18/019: Fast Track Applicant Class) Instrument 2018, which was introduced by Greens Senator Nick McKim (Tas). This means that instrument will no longer have legal effect.

What does the instrument do?

Senator McKim explained that:

This motion seeks to disallow an instrument that the government is attempting to make which would expand the group of people who are subject to the fast-track application process for protection as refugees ... [T]he group of people that are currently classed as fast-track applicants had to arrive by boat without a valid visa between 13 August 2012 and 1 January 2014 and were not exiled to Manus Island or Nauru, provided that the minister has allowed them to apply for a protection visa and the person has made a valid application.

...

The instrument that we're seeking to disallow would, if it were not disallowed, apply the category of 'fast-track applicant' to people seeking asylum who arrived in Australia by boat before 2012, were assessed by the department as not engaging Australia's protection obligations and then challenged the department's assessments in the courts. Now what the government is seeking to do is to deny them the opportunity to fully explore challenges to the department's decision in the legal system. This is a significant denial of natural justice.

Read more about the instrument in its explanatory memorandum.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives No
Australian Greens (100% turnout) 9 Yes 0 No
Richard Di Natale Victoria Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Jordon Steele-John WA Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (76% turnout) 19 Yes 0 No
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Doug Cameron NSW Yes
Kim Carr Victoria Yes
Anthony Chisholm Queensland Yes
Jacinta Collins Victoria Yes
Patrick Dodson WA Yes
Alex Gallacher SA Yes
Kristina Keneally NSW Yes
Kimberley Kitching Victoria Yes
Malarndirri McCarthy NT Yes
Deborah O'Neill NSW Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Lisa Singh Tasmania Yes
David Smith ACT Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Murray Watt Queensland Yes
Don Farrell SA Absent
Chris Ketter Queensland Absent
Gavin Marshall Victoria Absent
Jenny McAllister NSW Absent
Claire Moore Queensland Absent
Penny Wong SA Absent
Centre Alliance (100% turnout) 2 Yes 0 No
Stirling Griff SA Yes
Rex Patrick SA Yes
Nigel Scullion NT Country Liberal Party No
Derryn Hinch Victoria Derryn Hinch's Justice Party Yes
Sue Lines WA Deputy President Yes
Tim Storer SA Independent Yes
Lucy Gichuhi SA Independent No
Fraser Anning Queensland Independent Absent
Steve Martin Tasmania Independent Absent
David Leyonhjelm NSW Liberal Democratic Party No
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (74% turnout) 0 Yes 17 No
Eric Abetz Tasmania No
Slade Brockman WA No
David Bushby Tasmania No
Michaelia Cash WA No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Jane Hume Victoria No
Jim Molan NSW No
Marise Payne NSW No
Linda Reynolds WA No
Anne Ruston SA No
Zed Seselja ACT No
Dean Smith WA No
Amanda Stoker Queensland No
Simon Birmingham SA Absent
Mathias Cormann WA Absent
Lucy Gichuhi SA Absent
Ian Macdonald Queensland Absent
James Paterson Victoria Absent
Arthur Sinodinos NSW Absent
National Party (100% turnout) 0 Yes 3 No
Bridget McKenzie Victoria No
Barry O'Sullivan Queensland No
John Williams NSW No
Pauline Hanson's One Nation Party (100% turnout) 0 Yes 2 No
Peter Georgiou WA No
Pauline Hanson Queensland No
Scott Ryan Victoria President No
Brian Burston NSW United Australia Party Absent
Totals (82% turnout) 33 Yes – 29 No