6th Dec 2023, 4:46 PM – Senate Committees - Legal and Constitutional Affairs References Committee; Reference - NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor

The majority voted against a motion introduced by Tasmanian Senator Wendy Askew (Liberal) in the name of WA Senator Michaelia Cash (Liberal), which means it failed.

Motion text

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 6 May 2024:

The Commonwealth Government's response to the 8 November 2023 High Court ruling in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor, with particular reference to:

(a) the Commonwealth Government's planning and preparedness for a ruling against the Commonwealth Government in this case;

(b) the Commonwealth Government's preparation of legislation to address the implications of the High Court ruling;

(c) the risks to the community associated with the release of individuals from immigration detention following the High Court ruling;

(d) actions taken by the Commonwealth Government in the days following the High Court ruling, including:

(i) the decision to release individuals from immigration detention, and to subsequently grant visas including conditions,

(ii) the enforceability of visa conditions,

(iii) the steps the Government took to manage risks to the community associated with the release of the cohort of individuals impacted by the High Court decision,

(iv) other interventions or options the Government considered but did not pursue to manage risks to the community associated with the release of the cohort of individuals impacted by the High Court decision,

(v) communication with individuals in immigration detention impacted by the High Court ruling,

(vi) efforts made to inform victims and victims' families about the release of individuals convicted of serious crimes, and

(vii) communication with impacted communities where individuals released from detention will reside;

(e) any expenditure of taxpayer money associated with the High Court case and subsequent actions taken by the Commonwealth Government; and

(f) any other related matters.