1 00:00:06,840 --> 00:00:09,240 Speaker 1: You can listen to the Front on your smart speaker 2 00:00:09,360 --> 00:00:13,480 Speaker 1: every morning to hear the latest episode. Just say play 3 00:00:13,520 --> 00:00:22,200 Speaker 1: the news from the Australian. From the Australian, here's what's 4 00:00:22,239 --> 00:00:25,599 Speaker 1: on the Front. I'm Claire Harvey. It's Tuesday, August thirteen. 5 00:00:29,800 --> 00:00:33,040 Speaker 1: Chatbots will be writing lesson plans and assignments in a 6 00:00:33,080 --> 00:00:36,800 Speaker 1: new Education Department trial, even as teachers are warned to 7 00:00:36,920 --> 00:00:43,080 Speaker 1: check the bot's answers. Australia could be left high and 8 00:00:43,159 --> 00:00:46,520 Speaker 1: dry on the nuclear submarine deal, with new treaty documents 9 00:00:46,560 --> 00:00:50,400 Speaker 1: revealing the US and UK can pull out with just 10 00:00:50,520 --> 00:00:53,440 Speaker 1: one year's notice if they decide it threatens their own 11 00:00:53,560 --> 00:00:57,960 Speaker 1: defense plans. That's an exclusive live now at the Australian 12 00:00:58,040 --> 00:01:04,960 Speaker 1: dot Com dot u. The government released dangerous non citizens 13 00:01:05,000 --> 00:01:08,280 Speaker 1: into the community with no visas and no way to 14 00:01:08,400 --> 00:01:12,119 Speaker 1: monitor them, and then misled the public about it. That's 15 00:01:12,160 --> 00:01:16,360 Speaker 1: an exclusive in The Australian Today and Today's Deep Dive 16 00:01:16,520 --> 00:01:17,400 Speaker 1: on the Front. 17 00:01:25,280 --> 00:01:27,880 Speaker 2: This is the issue that Anthony Albanez you wanted to 18 00:01:27,920 --> 00:01:31,679 Speaker 2: have off the agenda, but it is back to haunt 19 00:01:31,920 --> 00:01:35,119 Speaker 2: the government and the new Minister for Immigration and Home 20 00:01:35,160 --> 00:01:36,119 Speaker 2: Affairs Tony Burke. 21 00:01:37,120 --> 00:01:42,480 Speaker 1: The issue is illegal immigration, boat people, border security, and 22 00:01:42,640 --> 00:01:45,919 Speaker 1: it's the soundtrack to the Labor parties nightmares. 23 00:01:48,600 --> 00:01:52,640 Speaker 3: Elements in the coalition's plan to stop the boats finally 24 00:01:52,680 --> 00:01:55,680 Speaker 3: and fully stop the boats, stopping the boats now, I'm 25 00:01:55,680 --> 00:01:58,360 Speaker 3: interested in stopping the boats. And why I'm interested in 26 00:01:58,400 --> 00:01:59,320 Speaker 3: stopping the bats. 27 00:02:00,000 --> 00:02:01,760 Speaker 1: We have to have the will we are going to 28 00:02:01,800 --> 00:02:06,360 Speaker 1: stop the boats. Ever since they lost the twenty thirteen 29 00:02:06,400 --> 00:02:09,240 Speaker 1: election to Tony Abbott in large part because of a 30 00:02:09,320 --> 00:02:14,040 Speaker 1: surge in unauthorized maritime arrivals, Labor has a long term 31 00:02:14,200 --> 00:02:18,000 Speaker 1: case of the hebegbs about border integrity coming back to 32 00:02:18,040 --> 00:02:22,560 Speaker 1: bite it, and in November twenty twenty three it really did. 33 00:02:22,840 --> 00:02:25,919 Speaker 1: The immigration laws have been shaken up by a High 34 00:02:25,919 --> 00:02:26,639 Speaker 1: Court ruling. 35 00:02:26,919 --> 00:02:29,760 Speaker 4: For the last twenty years, the Australian government has been 36 00:02:29,800 --> 00:02:33,400 Speaker 4: able to detain non citizens who don't have a valid 37 00:02:33,480 --> 00:02:37,240 Speaker 4: visa or any prospect of deportation, but the High Court 38 00:02:37,240 --> 00:02:39,200 Speaker 4: has ruled that process is unlawful. 39 00:02:45,919 --> 00:02:48,600 Speaker 1: The test case at the center of that monumental High 40 00:02:48,680 --> 00:02:53,239 Speaker 1: Court decision can be named only as enz Yq. He 41 00:02:53,400 --> 00:02:58,160 Speaker 1: arrived by boat aged about sixteen in twenty twelve, at 42 00:02:58,160 --> 00:03:02,560 Speaker 1: the height of the influx of boat Enzedyq is from 43 00:03:02,680 --> 00:03:08,160 Speaker 1: Myanmar's persecuted Rohinja community. After arriving in Australia and being 44 00:03:08,200 --> 00:03:13,519 Speaker 1: granted a temporary visa, he sexually assaulted another Rowhinja refugee, 45 00:03:13,840 --> 00:03:17,880 Speaker 1: a ten year old boy. Enzedyq has served a prison 46 00:03:18,000 --> 00:03:21,200 Speaker 1: term for that offense, but on his release from jail, 47 00:03:21,480 --> 00:03:27,960 Speaker 1: the government deemed him not a legitimate refugee. He had 48 00:03:28,000 --> 00:03:31,560 Speaker 1: committed a serious criminal offense, which deemed him ineligible for 49 00:03:31,600 --> 00:03:35,120 Speaker 1: Australian citizenship, but when they tried to send him back 50 00:03:35,160 --> 00:03:40,279 Speaker 1: to Myanmar, he refused to go. The government held Enzedyq 51 00:03:40,600 --> 00:03:45,000 Speaker 1: in immigration detention at Sydney's Villawood Center, and the High 52 00:03:45,080 --> 00:03:48,560 Speaker 1: Court ruled that was illegal. The court said if a 53 00:03:48,600 --> 00:03:51,320 Speaker 1: non Australian citizen is refusing to go back to their 54 00:03:51,320 --> 00:03:55,960 Speaker 1: country of origin, Australia cannot hold them in indefinite detention. 55 00:03:56,920 --> 00:04:00,000 Speaker 1: That decision also freed another one hundred and fifty detail 56 00:04:00,040 --> 00:04:05,800 Speaker 1: and ease, including some serious offenders, murderers and rapists. For 57 00:04:05,920 --> 00:04:10,200 Speaker 1: most of the year, it's been a rolling disaster in Parliament. 58 00:04:10,840 --> 00:04:14,920 Speaker 5: Being an immigration detainee and child sex offender released by 59 00:04:14,960 --> 00:04:18,320 Speaker 5: the High Court. Has been arrested in Dandignong, accused of 60 00:04:18,440 --> 00:04:21,440 Speaker 5: using social media to contact children. 61 00:04:21,720 --> 00:04:25,760 Speaker 3: This is the reality of the High Court's decision. The 62 00:04:25,800 --> 00:04:29,800 Speaker 3: government did not choose to be in order positions. 63 00:04:31,080 --> 00:04:34,960 Speaker 1: Last month, Anthony Albanesi demoted the two ministers in charge, 64 00:04:35,120 --> 00:04:39,880 Speaker 1: Home Affairs Minister Claire O'Neil and Albanesi's old friend, Immigration 65 00:04:40,000 --> 00:04:44,560 Speaker 1: Minister Andrew Giles. The PM installed Tony Burke in their 66 00:04:44,600 --> 00:04:48,479 Speaker 1: place to try and resolve this issue before the next election, 67 00:04:49,040 --> 00:04:51,400 Speaker 1: due by September twenty twenty five. 68 00:04:52,640 --> 00:04:55,520 Speaker 2: Claire Well, I think what it shows is that you 69 00:04:55,520 --> 00:04:58,520 Speaker 2: can change your front bench, you can change the minister, 70 00:04:59,080 --> 00:05:01,520 Speaker 2: but it doesn't mean the political problems go away. 71 00:05:02,520 --> 00:05:05,919 Speaker 1: Joe Kelly is The Australian's National Affairs editor. 72 00:05:07,040 --> 00:05:10,320 Speaker 2: So we've got a new minister in the Immigration and 73 00:05:10,360 --> 00:05:14,120 Speaker 2: Home Affairs portfolio, and Tony Burke, but he still has 74 00:05:14,200 --> 00:05:17,320 Speaker 2: to clean up the mess that Andrew Giles left behind. 75 00:05:18,200 --> 00:05:23,320 Speaker 2: There are new questions about the government's response, and in 76 00:05:23,320 --> 00:05:26,920 Speaker 2: particular some of its claims at the time that all 77 00:05:26,960 --> 00:05:31,200 Speaker 2: the people who were released from immigration detention were subject 78 00:05:31,279 --> 00:05:32,760 Speaker 2: to strict visa conditions. 79 00:05:33,600 --> 00:05:37,560 Speaker 3: All of those who have been released from detention have 80 00:05:37,640 --> 00:05:40,960 Speaker 3: been granted and are on visas with appropriate conditions. 81 00:05:42,000 --> 00:05:46,160 Speaker 2: There are new documents which now question those claims and 82 00:05:46,240 --> 00:05:49,839 Speaker 2: in particular some of the statements that mister Giles made 83 00:05:50,000 --> 00:05:55,320 Speaker 2: to Parliament last November, just days after the landmark High 84 00:05:55,320 --> 00:05:59,080 Speaker 2: Court decision, And now Tony Burke is left in the 85 00:05:59,080 --> 00:06:01,359 Speaker 2: invidious position of having to deal with all of that. 86 00:06:02,240 --> 00:06:07,240 Speaker 1: Labor suffers from a bit of intergenerational trauma on asylum seekers, 87 00:06:07,320 --> 00:06:11,240 Speaker 1: boat people, border integrity. Their hearts must sink when they 88 00:06:11,279 --> 00:06:14,480 Speaker 1: see questions on this topic coming from you Joe across 89 00:06:14,520 --> 00:06:15,320 Speaker 1: their email. 90 00:06:15,720 --> 00:06:18,520 Speaker 2: Well, it's just a distraction for them at this stage. 91 00:06:18,560 --> 00:06:21,640 Speaker 2: They really don't want to be talking about this. This 92 00:06:21,800 --> 00:06:25,359 Speaker 2: is just bringing up negative stories from the past that 93 00:06:25,400 --> 00:06:27,080 Speaker 2: they don't really want to have to deal with. 94 00:06:29,160 --> 00:06:32,360 Speaker 1: Back in May, when the government was really floundering around 95 00:06:32,360 --> 00:06:35,800 Speaker 1: on this issue, Andrew Giles, the then Minister, said this 96 00:06:36,120 --> 00:06:37,080 Speaker 1: on Sky News. 97 00:06:38,240 --> 00:06:40,159 Speaker 3: There is a quarter of a billion dollars that we've 98 00:06:40,200 --> 00:06:44,320 Speaker 3: invested in supporting our law enforcement agencies to enforce that 99 00:06:44,600 --> 00:06:47,920 Speaker 3: and that's enabled things like using drones to keep track 100 00:06:47,960 --> 00:06:48,640 Speaker 3: of these people. 101 00:06:48,680 --> 00:06:53,480 Speaker 1: We know where they are drones monitoring the people who'd 102 00:06:53,520 --> 00:06:56,760 Speaker 1: been released by the High Court. Australia's military doesn't even 103 00:06:56,760 --> 00:06:59,960 Speaker 1: have a functional drone fleet. Who knew the Immigration Department 104 00:07:00,080 --> 00:07:02,800 Speaker 1: and had eyes in the sky appeering in the bedroom 105 00:07:02,839 --> 00:07:07,679 Speaker 1: windows of High Court Amansipees. Turns out that was completely wrong. 106 00:07:08,000 --> 00:07:12,360 Speaker 1: There were no drones, no drones at all, and Giles 107 00:07:12,560 --> 00:07:13,440 Speaker 1: had to admit it. 108 00:07:14,200 --> 00:07:17,600 Speaker 3: I relied on information provided by my department at the time, 109 00:07:18,480 --> 00:07:22,640 Speaker 3: which has since which has since been clur of members 110 00:07:22,680 --> 00:07:23,440 Speaker 3: on my land. 111 00:07:24,360 --> 00:07:28,120 Speaker 1: Today Joe is revealing documents obtained by the Coalition under 112 00:07:28,160 --> 00:07:31,960 Speaker 1: freedom of information laws that show what was really going 113 00:07:32,000 --> 00:07:34,680 Speaker 1: on in the background as the Minister was on his 114 00:07:34,720 --> 00:07:35,920 Speaker 1: feet in Parliament. 115 00:07:37,360 --> 00:07:41,840 Speaker 2: What we have uncovered a number of documents under freedom 116 00:07:41,880 --> 00:07:45,960 Speaker 2: of information laws and these are submissions that the Department 117 00:07:46,080 --> 00:07:51,320 Speaker 2: made to the then Minister Andrew Giles. So we have 118 00:07:51,560 --> 00:07:56,480 Speaker 2: eight submissions from the Department to Andrew Giles between November 119 00:07:56,480 --> 00:08:02,320 Speaker 2: ten and November sixteen, and it's apparent from these submissions 120 00:08:02,800 --> 00:08:06,560 Speaker 2: that there are individuals who have been released into the 121 00:08:06,600 --> 00:08:11,560 Speaker 2: community following the NZYQ decision and are residing in the 122 00:08:11,600 --> 00:08:17,240 Speaker 2: community as unlawful non citizens. And in each of these submissions, 123 00:08:17,280 --> 00:08:22,960 Speaker 2: mister Giles is being asked to transition a cohort of 124 00:08:23,080 --> 00:08:28,720 Speaker 2: people onto bridging visas. So it becomes clear that following 125 00:08:28,720 --> 00:08:34,360 Speaker 2: the nzed YQ decision very quickly, large numbers of people 126 00:08:34,440 --> 00:08:38,520 Speaker 2: were released from immigration to tens into the community at large. 127 00:08:38,720 --> 00:08:42,520 Speaker 2: They were not placed on appropriate visas with strict conditions 128 00:08:42,840 --> 00:08:46,680 Speaker 2: and the Government had to subsequently, after the fact of 129 00:08:46,720 --> 00:08:50,360 Speaker 2: their release, transition them onto bridging visas. 130 00:08:51,760 --> 00:08:55,839 Speaker 1: Joe asked the government detailed questions about this, and New 131 00:08:55,880 --> 00:08:59,000 Speaker 1: Minister Tony Burke said simply, the Government doesn't want these 132 00:08:59,040 --> 00:09:02,240 Speaker 1: people in the community at all and will put restrictions 133 00:09:02,280 --> 00:09:05,160 Speaker 1: on them to the maximum extent allowed by the law. 134 00:09:06,040 --> 00:09:09,920 Speaker 1: Burke didn't explain why they only granted the visas after 135 00:09:10,000 --> 00:09:18,280 Speaker 1: allowing the detainees out of custody. The consequences of the 136 00:09:18,360 --> 00:09:21,680 Speaker 1: High Court decision are still flowing. An Eritrean man who 137 00:09:21,720 --> 00:09:25,320 Speaker 1: was convicted of violent stabbing, assaults, threatening to kill and 138 00:09:25,600 --> 00:09:28,679 Speaker 1: arson is now in the High Court seeking to avoid 139 00:09:28,800 --> 00:09:32,160 Speaker 1: the surveillance conditions. Lawyers for the man say wearing an 140 00:09:32,200 --> 00:09:35,719 Speaker 1: ankle bracelet and having a nightly curfew are an infringement 141 00:09:35,800 --> 00:09:39,720 Speaker 1: on his liberty. That stories live now at the Australian 142 00:09:39,840 --> 00:09:45,439 Speaker 1: dot com You so will Immigration decide yet another election 143 00:09:46,040 --> 00:10:06,600 Speaker 1: will be back after this break? So Labour's dealing with 144 00:10:06,760 --> 00:10:10,199 Speaker 1: today's crisis in immigration as well as a rolling disaster 145 00:10:10,360 --> 00:10:13,640 Speaker 1: where it's been trying and failing to deport other non 146 00:10:13,679 --> 00:10:18,600 Speaker 1: citizens who commit crimes here in Australia. So I asked Joe, 147 00:10:19,080 --> 00:10:22,679 Speaker 1: Labor just keeps taking the hits on immigration and border protection. 148 00:10:23,000 --> 00:10:26,720 Speaker 1: The party has done years of soul searching on this issue. 149 00:10:27,200 --> 00:10:31,960 Speaker 1: Where does Labor actually stand now? 150 00:10:33,720 --> 00:10:36,080 Speaker 2: I think that there's been a bit of a road 151 00:10:36,120 --> 00:10:40,320 Speaker 2: to Damascus moment for Labor over the last fifteen years. 152 00:10:40,360 --> 00:10:44,640 Speaker 2: On border protection, we had the dismantling of the Howard 153 00:10:44,720 --> 00:10:50,280 Speaker 2: government's tougher position under the former Rudd and Gillard governments 154 00:10:50,679 --> 00:10:54,520 Speaker 2: where we saw so many boats coming to Australia, and 155 00:10:54,880 --> 00:10:57,600 Speaker 2: of course the tragedy of that was that so many 156 00:10:57,640 --> 00:11:01,319 Speaker 2: people unfortunately lost their lives. So I think there was 157 00:11:01,360 --> 00:11:04,880 Speaker 2: a debate over what truly is the most compassionate and 158 00:11:05,040 --> 00:11:09,320 Speaker 2: humane policy. I think Labor initially thought we need to 159 00:11:09,320 --> 00:11:12,040 Speaker 2: have a compassionate and humane policy and we're not going 160 00:11:12,080 --> 00:11:15,160 Speaker 2: to agree to these tough border protection measures. But I 161 00:11:15,200 --> 00:11:19,280 Speaker 2: think what essentially we've seen when Labor was trying to 162 00:11:19,320 --> 00:11:23,679 Speaker 2: get back into government that they decided that actually it 163 00:11:23,840 --> 00:11:27,480 Speaker 2: is humane, it is compassionate to have a tougher approach 164 00:11:27,600 --> 00:11:31,760 Speaker 2: on the borders, because we're essentially stopping people risking their 165 00:11:31,800 --> 00:11:36,120 Speaker 2: lives coming to Australia in these leaky boats. And so 166 00:11:36,760 --> 00:11:39,679 Speaker 2: one of the political questions that arises from that, clear 167 00:11:39,840 --> 00:11:43,560 Speaker 2: I think, is is this road to Damascus moment for 168 00:11:43,640 --> 00:11:47,520 Speaker 2: Labor on border protection genuine or is this just something 169 00:11:47,559 --> 00:11:49,960 Speaker 2: that they said and they're going through the motions with 170 00:11:50,600 --> 00:11:53,280 Speaker 2: because they knew they needed to do that to win 171 00:11:53,440 --> 00:11:56,959 Speaker 2: and stay in government. So there are questions about Andrew 172 00:11:57,000 --> 00:12:01,080 Speaker 2: Giles as true convictions in this regard, also to an extent, 173 00:12:01,200 --> 00:12:05,560 Speaker 2: Anthony Albanezi as well. So it's a tricky issue for 174 00:12:05,679 --> 00:12:08,800 Speaker 2: them and obviously there's a lot of people in their 175 00:12:08,880 --> 00:12:11,560 Speaker 2: base and on the left wing of the party who 176 00:12:11,880 --> 00:12:15,640 Speaker 2: don't like this move to the center that Labour's undergone 177 00:12:15,880 --> 00:12:22,640 Speaker 2: over the last several years on this particular issue. 178 00:12:26,160 --> 00:12:29,000 Speaker 1: The other big trial raging at the moment is, of course, 179 00:12:29,120 --> 00:12:32,800 Speaker 1: Linda Reynolds versus Brittany Higgins in the WA Supreme Court 180 00:12:33,160 --> 00:12:36,480 Speaker 1: on Tuesday. Scott Morrison's in the witness box. You can 181 00:12:36,520 --> 00:12:39,680 Speaker 1: follow it live at the Australian dot com dot Au