NOTICES

Senator GALLAGHER (Australian Capital Territory—Minister for Finance, Minister for the Public Service, Minister for Women, Minister for Government Services and Manager of Government Business in the Senate) (15:43): I give notice that, on the next day of sitting, I shall move: That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025, allowing it to be considered during this period of sittings.

I also table a statement of reasons, justifying the need for the bill to be considered during these sittings and seek leave to have the statement incorporated in Hansard. Leave granted. The statement read as follows— Purpose of the Bill This Bill gives effect to the Government's intention that non-citizens who have exhausted all avenues to remain in Australia should be removed, including to third countries where Australia has reached an agreement for their reception.

The Migration Amendment Act 2024 (Act 105 of 2024) and the Migration Amendment (Removal and Other Measures) Act 2024 (Act 107 of 2024) inserted new sections 76AAA, 198AAA, 198AHB, 199C and 501M into the Migration Act 1958 (Migration Act). Those sections deal with the Commonwealth taking action in relation to third country reception arrangements such as disclosing information to that country (section 198AAA), making a visa application for the non-citizen to enter the third country (subsection 198AHB(2)) or giving removal pathway directions to a removal pathway non-citizen.

This Bill would clarify that the rules of natural justice do not apply to any action taken by the Commonwealth in relation to third country reception arrangements. The Bill also validates any relevant decisions that may have been affected by a failure to afford natural justice. The Bill also addresses the decision of the Full Court of the Federal Court in AJN23 v Minister for Immigration, Citizenship and Multicultural Affairs (2024) 304 FCR 586; (2024] FCAFC 103 (AJN23).

The Bill validates any visa decision made by the Minister or a delegate of the Minister that might have otherwise been rendered wholly or partly invalid only because it was made, or purportedly made, on the basis that the Migration Act authorises or requires the detention of an unlawful non-citizen in respect of whom there is no real prospect of removal from Australia becoming practicable in the reasonably foreseeable future Reasons for Urgency Passage of the bill in the 2025 Spring sittings is required to ensure that the Government can deliver on its obligation to protect the Australian community by removing unlawful non-citizens, even where removal to the home country is not possible.

Prior to the decision of the High Court of Australia in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (Case no S28/2023) some level of community protection was available through immigration detention where removal was not immediately possible. There are now over 200 non-citizens from the NZYQ cohort in the Australian community, many of whom have serious criminal records including crimes of violence.

A number of these non-citizens have reoffended since being granted bridging visas following the NZYQ decision, and the Government is committed to removing them from Australia at the earliest opportunity.