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senate vote 2023-12-05#11
Edited by
mackay staff
on
2024-05-12 09:17:10
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Title
Bills — Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023; in Committee- Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023 - in Committee - Statement and natural justice
Description
<p class="speaker">Andrew McLachlan</p><p>I will now deal with the amendments circulated by the opposition. The question is that the amendments on sheet 2279 be agreed to.</p><p class="italic"> <i>Opposition's circulated amendments—</i></p><p class="italic">(1) Schedule 1, item 4, page 7 (after line 28), after section 76F, insert:</p><p class="italic">76G Statement about grant of visas to certain non-citizens released from immigration detention</p><p class="italic"> <i>Minister must prepare statement</i></p><p class="italic">(1) The Minister must prepare a statement about the grant of any of the following visas to a non-citizen:</p><p class="italic">(a) a Subclass 070 (Bridging (Removal Pending)) visa granted in the circumstances described in paragraphs 76A(1)(b), (c) and (d);</p><p class="italic">(b) a Subclass 070 (Bridging (Removal Pending)) visa taken to have been granted under paragraph 76A(3)(a);</p><p class="italic">(c) a visa granted under a provision of the regulations prescribed for the purposes of subsection 76E(4);</p><p class="italic">(d) if the non-citizen is released from immigration detention because, at the time of the release, there is no real prospect of the removal of the non-citizen from Australia becoming practicable in the reasonably foreseeable future—a visa (other than a visa covered by any of the above paragraphs) granted to the non-citizen at any time after the release.</p><p class="italic"> <i>Information included in the statement</i></p><p class="italic">(2) The statement about the grant of a visa to a non-citizen must, subject to subsection (3), include the following:</p><p class="italic">(a) details of the visa to which the statement relates, including the conditions (if any) imposed on the visa;</p><p class="italic">(b) details of the non-citizen's immigration history, including details of any visas previously held by the non-citizen;</p><p class="italic">(c) if the non-citizen is, or has been, of character concern—details of the character concern;</p><p class="italic">(d) if the non-citizen has been convicted, in Australia, of an offence—details of the offence;</p><p class="italic">(e) if the non-citizen has been convicted, in a foreign country, of an offence—details of the offence (to the extent that the details are held by the Minister or the Department);</p><p class="italic">(f) the basis on which there was no real prospect of the removal of the non-citizen from Australia becoming practicable in the reasonably foreseeable future, at the following time:</p><p class="italic">(i) for a visa covered by paragraph (1)(a) or (c)—at the time non-citizen was granted the visa;</p><p class="italic">(ii) for a visa covered by paragraph (1)(b)—at the time the non-citizen was granted a visa covered by paragraph (1)(a);</p><p class="italic">(iii) for a visa covered by paragraph (1)(d)—at the time the non-citizen was most recently released from immigration detention, as described in that paragraph, before the grant of the visa;</p><p class="italic">(g) details of any attempts to remove or deport the non-citizen from Australia.</p><p class="italic">(3) The statement about the grant of a visa to a non-citizen must not include:</p><p class="italic">(a) the non-citizen's name, date of birth or residential address; or</p><p class="italic">(b) information that would reveal the identity of the non-citizen; or</p><p class="italic">(c) information the disclosure of which would, or could reasonably be expected to, cause damage to the security, defence or international relations of the Commonwealth.</p><p class="italic"> <i>Preparation and tabling within 7 days</i></p><p class="italic">(4) The statement about the grant of a visa to a non-citizen must be prepared within the period (the <i>relevant period</i>) of 7 days starting:</p><p class="italic">(a) for a visa granted before this section commences—on the day this section commences; or</p><p class="italic">(b) otherwise—on the day the visa is granted.</p><p class="italic">(5) The Minister must, within the relevant period, cause a copy of the statement:</p><p class="italic">(a) to be tabled in each House of the Parliament; or</p><p class="italic">(b) if a House of the Parliament is not sitting after the statement is prepared and before the end of relevant period—to be presented or tabled at the earliest opportunity in accordance with the practices of that House.</p><p class="italic"> <i>Natural justice hearing rule</i></p><p class="italic">(6) The Minister is not required to observe any requirements of the natural justice hearing rule in exercising a power or performing a function under this section.</p><p class="italic">(2) Schedule 1, page 8 (after line 21), at the end of the Schedule, add:</p><p class="italic">8 Application of amendments — section 76G</p><p class="italic">Section 76G of the <i>Migration Act 1958</i>, as inserted by this Schedule, applies in relation to the following:</p><p class="italic">(a) a visa covered by paragraph 76G(1)(a), (b) or (c) granted, or taken to have been granted, to a non-citizen before, on or after the commencement of this item;</p><p class="italic">(b) a visa covered by paragraph 76G(1)(d) granted to a non-citizen on or after that commencement, whether the non-citizen was released from immigration detention before, on or after that commencement.</p><p></p> -
- The majority voted against [Opposition amendments on sheet 2279](https://www.openaustralia.org.au/senate/?id=2023-12-05.181.1) which means they failed.
- ### What did the amendments do?
- The amendments would have required the minister to issue a statement about the grant of visas to certain non-citizens released from immigration detention and added a provision stating that natural justice would not apply.
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