Chapter 1 - Introduction and background

[1]        Journals of the Senate, No. 15, 10 November 2016, p. 448.

[2]        Senate Selection of Bills Committee, Report No. 8 of 2016, 10 November 2016, Appendix 5.

[3]        The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2433.

[4]        The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2433.

[5]        The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2433.

[6]        The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2433.

[7]        This initiative was announced on 17 June 2015 by the Hon Peter Dutton MP, Minister for Immigration and Border Protection, the Hon Andrew Robb MP, Minister for Trade and Investment, and Senator the Hon Michaela Cash, Assistant Minister for Immigration and Border Protection. See the Joint Media Release – New Pilot Visa to Boost Australian Tourism, 17 June 2015.

[8]        Commonwealth of Australia, Our North, Our Future: White Paper on Developing Northern Australia (2015), p.11.

[9]        Department of Immigration and Border Protection, 'Arrivals SmartGate: frequently asked questions' available at www.border.gov.au/Trav/Ente/Goin/Arrival/Smartgateor-ePassport (accessed 23 November 2016).

[10]      The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2434.

[11]      The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2434.

[12]      The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, pp. 2433-2434.

[13]      The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, pp. 2433-2434.

[14]      The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2433.

[15]      The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2434.

[16]      The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2434.

[17]      Explanatory Memorandum, p. 3.

[18]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2016, 9 November 2016, p. 25.

[19]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2016, 9 November 2016, p. 25.

[20]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2016, 9 November 2016, p. 26.

[21]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2016, 9 November 2016, p. 26.

[22]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2016, 9 November 2016, pp. 27-28.

[23]      Explanatory Memorandum, p. 3.

[24]      Explanatory Memorandum, p. 3.

[25]      Explanatory Memorandum, p. 3.

[26]      Explanatory Memorandum (Attachment A), p. 48.

[27]      The committee's website can be found at www.aph.gov.au/Parliamentary_Business/
Committees/Senate/Legal_and_Constitutional_Affairs

Chapter 2 - Key issues

[1]        Explanatory Memorandum, p. 2.

[2]        See Explanatory Memorandum, p. 48; also see the Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 19 October 2016, p. 2433.

[3]        Submission 2, p. 3.

[4]        Submission 2, p. 3.

[5]        Submission 3, p.3.

[6]        Submission 4, p. 12.

[7]        Mr Michael Pezzullo, Secretary, Department of Immigration and Border Protection and Mr Michael Outram, Acting Commissioner, Australian Border Force, Written Opening Statement tabled at the Legal and Constitutional Affairs Legislation Committee Estimates Hearing (tabled 17 October 2016). Also note that more information about the general Visitor visa (subclass 600) is available on the department's website at www.border.gov.au/Trav/Visa-1/600- (accessed 24 November 2016).

[8]        Submission 4, pp. 5­6.

[9]        See Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016 www.legislation.gov.au/Details/F2016L01745 (accessed 21 November 2016). Department of Immigration and Border Protection, Response to the Law Council of Australia’s submission to the Senate Legal and Constitutional Affairs Committee in relation to the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Attachment A), [p. 1].

[10]      Submission 4, pp. 8­9.

[11]      Submission 1, p. 1.

[12]      Submission 4, p. 9.

[13]      Submission 4, p. 15.

[14]      Department of Immigration and Border Protection, Response to the Law Council of Australia’s submission to the Senate Legal and Constitutional Affairs Committee in relation to the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Attachment A), [p. 1].

[15]      Department of Immigration and Border Protection, Response to the Law Council of Australia’s submission to the Senate Legal and Constitutional Affairs Committee in relation to the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Attachment A), [p. 2].

[16]      Department of Immigration and Border Protection, Response to the Law Council of Australia’s submission to the Senate Legal and Constitutional Affairs Committee in relation to the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Attachment A), [p. 2].

[17]      Explanatory Memorandum, p. 11.

[18]      Submission 4¸ p. 10.

[19]      Submission 4¸ p. 10.

[20]      Submission 1, p. 1.

[21]      The Kaldor Centre also suggested that adverse findings against refugees under the provisions of the bill 'may also raise issues of incompatibility with article 1C of the Refugee Convention (cessation of refugee status)'. See Submission 1, p. 2.

[22]      Department of Immigration and Border Protection, Response to the Law Council of Australia’s submission to the Senate Legal and Constitutional Affairs Committee in relation to the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Attachment A), [pp. 1-2].

[23]      Explanatory Memorandum, p. 21.

[24]      Explanatory Memorandum, p. 12.

[25]      Submission 3, p. 3.

[26]      Submission 4, p. 13.

[27]      Submission 1, p. 2

[28]      Submission 4, p. 13.

[29]      Explanatory Memorandum, pp. 22‑23

[30]      Explanatory Memorandum, p.23

[31]      Submission 3, p. 3. These concerns raised by the MIA are outlined earlier in this chapter.

[32]      Submission 4, p. 9.

[33]      Explanatory Memorandum, p. 23

[34]      Department of Immigration and Border Protection, Response to the Law Council of Australia’s submission to the Senate Legal and Constitutional Affairs Committee in relation to the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Attachment A), [p. 1].

[35]      Department of Immigration and Border Protection, Response to the Law Council of Australia’s submission to the Senate Legal and Constitutional Affairs Committee in relation to the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Attachment A), [p. 2].

[36]      Submission 1, p. 2.

[37]      The Law Council described natural justice as 'the common law rule that a decision maker must provide the opportunity for a person whose rights, interests or legitimate expectations are affected by a decision to understand the basis for the decision and to be heard'. See Submission 4, p. 10.

[38]      Submission 4, p. 11.

[39]      Submission 4, p. 11.

[40]      Department of Immigration and Border Protection, Response to the Law Council of Australia’s submission to the Senate Legal and Constitutional Affairs Committee in relation to the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Attachment A), [p. 3].

[41]      Submission 4, pp. 13‑14.

[42]      Submission 4, pp. 14‑15.

[43]      Department of Immigration and Border Protection, Response to the Law Council of Australia’s submission to the Senate Legal and Constitutional Affairs Committee in relation to the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Attachment A), [p. 3].

[44]      Submission 4, pp. 12‑13.

[45]      Explanatory Memorandum, p. 37.

[46]      Submission 2, p. 5.

[47]      Submission 2, p. 5.

[48]      Submission 2, p. 5.

[49]      The Hon Malcolm Turnbull MP, Prime Minister, Remarks at the 16th Annual Tourism and Transport Forum Leadership Summit, 23 November 2016.

[50]      The Hon Peter Dutton MP, Minister for Immigration and Border Protection, The Hon
Andrew Robb MP, Minister for Trade and Investment, and Senator the Hon Michaela Cash, Assistant Minister for Immigration and Border Protection, Joint Media Release – New Pilot Visa to Boost Australian Tourism, 17 June 2015.

Dissenting report by the Australian Greens

[1]        Explanatory Memorandum, p. 21.

[2]        Submission 4, pp. 8-9.

[3]        Submission 4, p. 12.  

[4]        Law Council of Australia, Submission 4, p. 7; ANU College Of Migration Law, Submission 6, p. 2;

[5]        Migration Institute of Australia, Submission 3, p. 2; Law Council of Australia, Submission 4, p. 9.

[6]        Kaldor Centre, Submission 1, p. 2.

[7]        Migration Institute of Australia, Submission 3, p. 3; Law Council of Australia, Submission 4, p. 9.  

[8]        Kaldor Centre, Submission 1,  pp. 2-3; Civil Liberties Australia, pp. 1-2.

[9]        Submission 4, pp. 13-14.