26th Mar 2024, 1:50 PM – Representatives Migration Amendment (Removal and Other Measures) Bill 2024 - Consideration in Detail - Ministerial statement

The majority voted against an amendment introduced by Wannon MP Dan Tehan (Liberal), which means it failed.

Amendment text

(1) Schedule 1, item 3, page 9 (after line 15), after section 199E, insert:

199EA Statement about each removal pathway direction

Minister must prepare statement

(1) The Minister must prepare a statement about each removal pathway non-citizen who is given a removal pathway direction.

Note: Statements about 2 or more removal pathway non-citizens could be included in the same document.

Information included in the statement

(2) The statement about the removal pathway non-citizen must include the following:

(a) the non-citizen's country of origin;

(b) the class of visa (if any) held by the non-citizen at the time the removal pathway direction was given;

(c) the number and classes of visas (if any) previously held by the non-citizen;

(d) whether the non-citizen is a serious offender (within the meaning of Division 395 of the Criminal Code) and, if so, any offences for which the non-citizen has been convicted;

(e) whether the non-citizen is, or has been, the subject of a community safety order (within the meaning of that Division) and, if so, the details of that order;

(f) whether, in the absence of compliance with the removal pathway direction, there would be no real prospect of the removal of the non-citizen from Australia under section 198 becoming practicable in the reasonably foreseeable future.

(3) The statement about the removal pathway non-citizen must not include:

(a) the non-citizen's name, date of birth or residential address; or

(b) information that would otherwise reveal the non-citizen's identity; or

(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.

Preparation within 7 days and tabling on the next sitting day

(4) The statement about the removal pathway non-citizen must be prepared within the 7-day period starting on the day the removal pathway direction is given.

(5) The Minister must cause a copy of the statement to be tabled in each House of the Parliament on the next sitting day of that House after the end of that 7-day period.

Natural justice hearing rule

(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.