WEBVTT - Direction 99: Peter Dutton's latest immigration obsession

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<v Speaker 1>From Schwartz Media. I'm Scott Mitchell. This is seven AM.

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<v Speaker 1>People facing deportation, convicted of serious crimes like domestic violence,

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<v Speaker 1>child sexual abuse and more have managed to hang on

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<v Speaker 1>to their visas and stay in Australia. In Canberra, the

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<v Speaker 1>debate has boiled down to one question. Who is to blame?

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<v Speaker 1>But why are non citizens in Australia being allowed to

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<v Speaker 1>stay after they have served their time? Why are tribunals

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<v Speaker 1>finding they shouldn't be deported? And is the system working Today?

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<v Speaker 1>Columnist for the Saturday Paper, Paul Bonjorno on why it

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<v Speaker 1>all boils down to a little document called Direction ninety nine.

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<v Speaker 1>It's Friday, May thirty one. Paul Temper's in Parliament boiled

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<v Speaker 1>over this week during question time on the subject of immigration,

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<v Speaker 1>and I want to begin by asking, in your years

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<v Speaker 1>in Canberra, how does what we've seen this weak rate

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<v Speaker 1>in terms of ugliness and anger in the chamber?

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<v Speaker 2>Oh Will Scott.

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<v Speaker 3>Everyone talks about wanting a kinder and gentler politics, and

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<v Speaker 3>Tony Abbott said that about thirteen years ago. But the

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<v Speaker 3>stakes are too high to let niceties get in the way,

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<v Speaker 3>especially in the rundown to the election. Look, I have

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<v Speaker 3>seen worse, but in Speaker Milton Dick, we do have

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<v Speaker 3>someone making a good fist of keeping the lid on.

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<v Speaker 4>I want to be very clear with everyone when someone

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<v Speaker 4>is entitled to a point of or whether it be

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<v Speaker 4>the Deputy Leader of the Opposition, the Leader of the

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<v Speaker 4>Opposition or any member of the House, they're going to

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<v Speaker 4>be heard in silence. It's not commentary time.

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<v Speaker 3>Dick was kept very busy on Wednesday, handing out warnings

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<v Speaker 3>and batting away points of order as question time was

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<v Speaker 3>dominated by the issue of criminal foreigners being allowed to

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<v Speaker 3>remain in the country.

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<v Speaker 5>The Alberanzi Labor Golepment's ordering down of the law has

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<v Speaker 5>allowed this criminal to stay in Australia, making our country

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<v Speaker 5>less safe. When will the Albernesi Labor Golpment apologize for

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<v Speaker 5>this catastrophic mistake in reverse Direction ninety nine.

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<v Speaker 3>While many were uncomfortable with the tone of the debate,

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<v Speaker 3>one was the Independent MP Monique Ryan.

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<v Speaker 6>The Opposition all week has provided us with unnecessary details

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<v Speaker 6>of the country of origin and the alleged crimes.

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<v Speaker 4>Order Order Order, no order.

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<v Speaker 3>She objected to how details of crimes and the country

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<v Speaker 3>of origin of these people who are being used. She said,

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<v Speaker 3>it's gratuitous, unparliamentary and a dog whistle to racist attitudes.

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<v Speaker 4>It's every shown with respect when they take a point

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<v Speaker 4>of order, and I'll hear from the member of the.

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<v Speaker 6>Kol the Parliament does not need to hear the details

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<v Speaker 6>of the alleged or prosecuted crime of these individuals imposing

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<v Speaker 6>those questions. It's unparliamentary and it's dog whistling.

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<v Speaker 3>Well this drew hows and interjections from the opposition benches,

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<v Speaker 3>which in turn saw the Leader of the House Tony Burke,

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<v Speaker 3>intervene just.

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<v Speaker 7>To raise a further point of order because it has

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<v Speaker 7>to be raised immediately. Particularly when members of the Cross

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<v Speaker 7>Beach raise points of order, there is a level of

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<v Speaker 7>aggression and shouting led by the Leader of the Opposition. Well, no,

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<v Speaker 7>it's quite different to what I just got there.

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<v Speaker 3>But Scott, that was in the end of it. The

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<v Speaker 3>opposition immediately responded, with furious Paul Fletcher, manager of Opposition Business,

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<v Speaker 3>leaping to his feet. He said that naming the countries

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<v Speaker 3>of origin and these historic charges in the questions was

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<v Speaker 3>very relevant. So these facts were necessary to make the

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<v Speaker 3>questions intelligible.

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<v Speaker 8>And are they strictly necessary to make the question intelligence. Well,

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<v Speaker 8>absolutely they are. In each case we have seen appalling

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<v Speaker 8>acts of violence and this absolutely goes to the public

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<v Speaker 8>policy question which needs to be determined.

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<v Speaker 3>You see, Scott. This very bruising and ugly argument is

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<v Speaker 3>the latest chapter in the immigration debate and it really

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<v Speaker 3>kicked off last year with the High Court decision and

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<v Speaker 3>is picking up steam with Peter Dutton's promise to reduce

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<v Speaker 3>the immigration intake and he's put immigration front and center

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<v Speaker 3>of his election strategy. But the latest development in this

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<v Speaker 3>embrolio comes down to the direction the Immigration Minister gives

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<v Speaker 3>to the Tribunal and other decision makers on visa applications.

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<v Speaker 3>It's something called direction ninety nine, Rapaul.

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<v Speaker 1>What is this direction ninety nine?

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<v Speaker 3>Well, Scott, this is where Immigration Minister Andrew Giles comes in.

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<v Speaker 3>He's been in the crosshairs of the opposition all week

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<v Speaker 3>with increasingly strident demands that he be sacked. Ministers can

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<v Speaker 3>issue directions on how bureaucrats and the Administrative Appeals Tribunal

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<v Speaker 3>should interpret deportation law and act accordingly. These directions aren't

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<v Speaker 3>new legislation and they don't need to pass Parliament. They're

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<v Speaker 3>essentially guidance notes, but they're pretty important. Well. Last year,

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<v Speaker 3>Giles issued Direction ninety nine for decision makers who look

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<v Speaker 3>at when to cancel someone's visa because of criminal activity.

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<v Speaker 3>It's an update on directions that have been issued by

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<v Speaker 3>many Immigration ministers over the years, including Peter Dutton in

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<v Speaker 3>twenty fourteen. It listed five primary considerations to be weighed

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<v Speaker 3>when decisions are being made, and for the first time

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<v Speaker 3>this list included the strength, nature and duration of ties

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<v Speaker 3>to Australia. Well, the opposition is making the case that

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<v Speaker 3>this direction had led to more people with criminal convictions

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<v Speaker 3>being allowed to stay in Australia, and earlier this week

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<v Speaker 3>Peter Dutton cited an example of a child rapist who

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<v Speaker 3>was he claimed able to use Direction ninety nine to

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<v Speaker 3>have the aat reverse his visa cancelation.

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<v Speaker 5>Thank you very much, I mister speaking. My question is

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<v Speaker 5>to the Minister for Immigration. In immigration detainer referred to

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<v Speaker 5>as hc Y had his visa canceled after he was

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<v Speaker 5>convicted of raping his fourteen year old stepdaughter whilst his

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<v Speaker 5>wife was in hospital giving birth.

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<v Speaker 3>But Scott, these cases at the Tribunal are administrative law

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<v Speaker 3>and no government of the day has direct control over

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<v Speaker 3>the outcomes.

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<v Speaker 9>I remind the lead of the Opposition in all members

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<v Speaker 9>that this was a visa that was canceled and remain

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<v Speaker 9>canceled by my department in line with Ministerial Direction ninety nine.

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<v Speaker 3>Anthony Elbanezi forcefully and pointedly returned to the Chamber later

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<v Speaker 3>in the week with very similar examples. During Peter Dutton's

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<v Speaker 3>own time with responsibility for Immigration minutes, has the call

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<v Speaker 3>this misphager.

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<v Speaker 10>I suspect the leader of the Opposition knows what's coming

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<v Speaker 10>because when this boat was the Home Affairs Minister, for example,

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<v Speaker 10>the tribunal decided that an Iranian heroine dealer and ice

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<v Speaker 10>manufactured Bbarker will not As why kayz z should be

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<v Speaker 10>allowed to stay, the Tribunal cited Directions seventy nine and

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<v Speaker 10>the higher level of tolerance as an important reason.

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<v Speaker 3>He accused Dutton of wallowing in hypocrisy. There's hundreds of them,

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<v Speaker 3>hundreds of them.

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<v Speaker 10>He knows about it.

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<v Speaker 6>He sat there.

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<v Speaker 10>There wallowing any hypocrisy, mistress speaker, wallowing any hypocrisy.

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<v Speaker 5>And yesterday Westin.

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<v Speaker 3>He said the examples were only some of hundreds of

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<v Speaker 3>criminal residents who in Dutton's time were released into the

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<v Speaker 3>community or allowed to stay after charges. But it's important

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<v Speaker 3>to note in all of these cases we are talking

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<v Speaker 3>about people who have served their prison sentences and that

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<v Speaker 3>was long before any High Court decision that sparked the

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<v Speaker 3>opposition's decision last year to politicize this issue, to weaponize

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<v Speaker 3>it against the Labor government.

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<v Speaker 1>Right, Paul, And all of this focus on who has

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<v Speaker 1>allowed who to stay at what time and how long

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<v Speaker 1>the criminal histories are of some of these people. Does

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<v Speaker 1>that obscure the issue here, Paul? What is the reason

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<v Speaker 1>that a tribunal would decide someone shouldn't have their visa canceled?

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<v Speaker 3>Well, it's worth talking about the complexity scot of what

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<v Speaker 3>we're dealing with here, because there is an argument that

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<v Speaker 3>many of these people are Australia's responsibility even after they've

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<v Speaker 3>served their time. It's an argument or I remember Jacinda

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<v Speaker 3>Adern making several years ago when she was New Zealand's

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<v Speaker 3>Prime Minister. She and many others in New Zealand complained

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<v Speaker 3>long and hard that Canberra was deporting hundreds of criminals

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<v Speaker 3>straight after serving their sentences to New Zealand. Now, the

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<v Speaker 3>problem with that was many of these New Zealand citizens

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<v Speaker 3>had lived the majority of their lives in Australia. They

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<v Speaker 3>might have spent decades here but just never became citizens. Indeed,

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<v Speaker 3>many came as babies or toddlers.

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<v Speaker 2>Now in New Zealand.

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<v Speaker 3>Complained that Australia's behavior was corrosive of our relationship. A

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<v Speaker 3>Dern said she would accept Kiwi criminals, but dozens were

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<v Speaker 3>being deported that had tenuous or no continuing connection to

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<v Speaker 3>the land of their birth. To New Zealanders, these were

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<v Speaker 3>criminals made in Australia, but they were being deported to

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<v Speaker 3>make the New Zealand's problem well. Anthony Abenezi agreed soon

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<v Speaker 3>after coming to government earned this was the background to

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<v Speaker 3>the New Directive ninety nine. The Department warned there was

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<v Speaker 3>always a risk of some of these people reoffending. But Scott,

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<v Speaker 3>you know this is that's the nature of our system.

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<v Speaker 3>It happens when bail is granted or prisoners are let

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<v Speaker 3>out on parole or have served their time. Is the

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<v Speaker 3>opposition and sections of the media, particularly the Murdock Congomerate,

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<v Speaker 3>really demanding that no one ever be let out of jail.

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<v Speaker 2>It just doesn't wash.

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<v Speaker 3>But it's a political opportunity too good for the opposition

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<v Speaker 3>to miss. Peter Dutton is desperate for a political scalp

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<v Speaker 3>to help undermine the credibility of the Albanesi government, and

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<v Speaker 3>this issue feeds into his ramping up of immigration as

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<v Speaker 3>a way of doing it. It's a perfect fit. Not

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<v Speaker 3>only are migrants, you know, as he claims, clogging up

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<v Speaker 3>our roads, buying our houses and eating our lunch, but

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<v Speaker 3>now non citizen criminals are being given a soft touch

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<v Speaker 3>treatment which puts the community's safety at risk.

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<v Speaker 1>After the break, could the Immigration Minister still lose job?

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<v Speaker 3>Paul?

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<v Speaker 1>We've been talking about this immigration debate and particularly this

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<v Speaker 1>direction the Immigration Minister issued, and while the government amounting

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<v Speaker 1>a defense of this, are they making changes? Will we

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<v Speaker 1>see their position shift under this scrutiny?

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<v Speaker 3>Well? On Wednesday, Scott Peter Dutton directly asked old man

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<v Speaker 3>Easy if he still had confidence in Giles's minister. The

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<v Speaker 3>Prime Minister gave a kurt positive reply. The opposition sees

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<v Speaker 3>the mild mannered Giles as an easy target and there's

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<v Speaker 3>no doubt the minister's problem is he's no headkicker, able

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<v Speaker 3>to give as much as he receives. But he said

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<v Speaker 3>the minister would be issuing a revision of Direction ninety nine.

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<v Speaker 3>Andrew's followed up by telling Parliament he'd reviewed the directions

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<v Speaker 3>on visas in light of the AAT quote not showing

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<v Speaker 3>common sense in its applications.

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<v Speaker 9>We are issuing a new ministerial direction that is revised, and.

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<v Speaker 3>He makes the case that Direction ninety nine also required

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<v Speaker 3>decision makers to weigh up the risk to the Australian

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<v Speaker 3>community of letting someone stay.

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<v Speaker 9>Thanks Becca, as I was saying, this new revised direction

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<v Speaker 9>will ensure that the two principles that have always been

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<v Speaker 9>the heart of visa management, protection of the community and

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<v Speaker 9>common sense decision making will take place at the AT

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<v Speaker 9>and the new Art. It will ensure that community protection

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<v Speaker 9>outweighs other considerations and particularly going to the case that

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<v Speaker 9>the member referred to, we will strengthen the principles of

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<v Speaker 9>community safety, including the impact of victims and their families,

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<v Speaker 9>and strengthen the family violence provisions.

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<v Speaker 3>And it makes particular reference to family violence, violent or

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<v Speaker 3>sexual crimes against women, children, disabled or elderly people, human trafficking,

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<v Speaker 3>people smuggling, and worker exploitation. So Giles told Parliament he

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<v Speaker 3>wants to make sure these sections are being given weight quote,

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<v Speaker 3>first and foremost, he would be ensuring the protection of

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<v Speaker 3>the community and victims of family violence. These are issues

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<v Speaker 3>that outweigh other considerations, but Scott is still under pressure.

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<v Speaker 3>In a sensational admission, the depart Mental Secretary Stephanie Foster

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<v Speaker 3>told Senate Estimates on Tuesday night that it is correct

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<v Speaker 3>Giles was not informed of the contentious cases that had

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<v Speaker 3>gone to the tribunal, despite that being required in departmental protocols.

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<v Speaker 3>Foster admitted it was extraordinary. She regrets it and will

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<v Speaker 3>now throw more resources at the issue. But the problem

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<v Speaker 3>for the government is it creates the impression that the

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<v Speaker 3>department is a shambles and Giles the minister, has lost

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<v Speaker 3>control of it. But Giles is aware that it's never

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<v Speaker 3>in Labour's interest to inflame the fears and prejudic that

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<v Speaker 3>inevitably engulf the immigration portfolio. But it's dawning on his

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<v Speaker 3>colleagues that maybe this minister hasn't got the political balance right.

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<v Speaker 3>Presentation and performance, after all, is an important half of

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<v Speaker 3>any minister's job, right Paul, So.

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<v Speaker 1>Is there a legitimate chance that the government, which has

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<v Speaker 1>been pretty stable since coming to office, could actually see

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<v Speaker 1>a resignation or a sacking. If this continues to spiral

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<v Speaker 1>as an issue.

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<v Speaker 3>Well there are murmurings to that effect. Network Seaven's Mark

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<v Speaker 3>Riley raised questions about Giles's ability to survive in the job,

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<v Speaker 3>citing cabinet ministers conceding his days could be numbered. Any minister,

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<v Speaker 3>of course, is doomed if their performance is judged to

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<v Speaker 3>be too great a negative for the government, a distraction

0:14:50.800 --> 0:14:53.760
<v Speaker 3>getting in the road of its ability to set the agenda.

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<v Speaker 3>And last week Albanizi, in an interview, didn't rule out

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<v Speaker 3>a reshuffle before the elect but he put it in

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<v Speaker 3>the context of people retiring and getting fighting fit for

0:15:05.160 --> 0:15:09.120
<v Speaker 3>a shot at another term. Giles is one of his

0:15:09.200 --> 0:15:12.920
<v Speaker 3>closest allies. But as they say in politics, if you

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<v Speaker 3>want a friend, get a dog. Much will depend on

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<v Speaker 3>how successful the opposition is keeping Giles and this issue

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<v Speaker 3>in the headlines, and you can rest assured they'll get

0:15:24.640 --> 0:15:27.680
<v Speaker 3>plenty of help from significant sections of the media.

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<v Speaker 1>Paul, thank you so much for your time. It's such

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<v Speaker 1>a pleasure to talk to you.

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<v Speaker 2>Thank you, Scott bye.

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<v Speaker 1>Also in the news today, Immigration Minister Andrew Giles yesterday

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<v Speaker 1>revealed that some of the one hundred and fifty three

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<v Speaker 1>people released from IMMA creation detention last year have been

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<v Speaker 1>monitored using drones. The government had previously said the detainees

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<v Speaker 1>released after the High Court verdict were being monitored in

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<v Speaker 1>a variety of ways, but yesterday he revealed this included

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<v Speaker 1>quote drones to keep track of these people. And New

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<v Speaker 1>Zealand's new center right government has unveiled its first federal

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<v Speaker 1>budget amid significant protests across the country. Demonstrators highlighted a

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<v Speaker 1>series of government actions perceived as detrimental to indigenous rights,

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<v Speaker 1>including a bill to redefine the Treaty of Waitangi principles

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<v Speaker 1>and the disbanding of the Mai Health Authority. Seven Am

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<v Speaker 1>is a daily show from Schwartz Media and The Saturday Paper.

0:16:45.440 --> 0:16:50.640
<v Speaker 1>It's produced by Kara Jensen, McKinnon, Shane Anderson and Zalton Fetcho.

0:16:50.760 --> 0:16:54.560
<v Speaker 1>Our senior producer is Chris Dngate. Our technical producer is

0:16:54.600 --> 0:16:59.240
<v Speaker 1>Atticus Bastow. Our host is Ashlan McGee. Sarah mcvee is

0:16:59.280 --> 0:17:02.680
<v Speaker 1>our head of audio. Eric Jensen is our editor in chief.

0:17:03.240 --> 0:17:06.720
<v Speaker 1>Mixing this week by Andy Elston, Travis Evans and Attic

0:17:06.800 --> 0:17:11.080
<v Speaker 1>Aspasto and a special thanks to Andy Elston. Who wrapped

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<v Speaker 1>up with seven AM this week. All of our heartfelt

0:17:14.440 --> 0:17:18.159
<v Speaker 1>thanks go to him for his tremendous work on the show.

0:17:18.560 --> 0:17:21.800
<v Speaker 1>Our theme music is by Ned Beckley and Josh Hogan

0:17:21.920 --> 0:17:26.720
<v Speaker 1>of Envelope Audio, and the editor is myself, Scott Mitchell.

0:17:27.240 --> 0:17:30.400
<v Speaker 1>Thanks so much for being with us and we'll see

0:17:30.440 --> 0:17:31.040
<v Speaker 1>you next week