Giles vows to ‘get to the bottom’ of visa reinstatements
Andrew Giles says since becoming aware that the AAT tribunals had reinstated visas for people who had committed violent crimes, or have been alleged to have committed violent crimes, he has cancelled seven visas and is reviewing an eighth.
There are around 30 that I’ve called up as a matter of absolute urgency and they are dealt with through the day and night.
He said that he would be “getting to the bottom” of what happened at the AAT, and why ministerial directive 99 was used the way it was and why he was alerted to the decisions being made.
I’m gonna get to the bottom of this – a protocol that I put in place was not adhered to, that is entirely unsatisfactory. As I said, I’m now focused on dealing with the urgent issue which is the cancellation consideration, I put in place a new protocol and I want to get to the bottom of what happened and why.
Key events
Andrew Messenger
A formal meeting of hundreds of students voted last night to call on the University of Queensland to “financially divest from Israel”.
Organisers claim more than 1000 students turned up to the meeting last night, which was open to all students. The UQ centre venue, which seats 500, was full to capacity, with hundreds of additional students watching from two overflow rooms, outside and online.
They debated three questions, put by the campus Students for Palestine group.
Should UQ sever ties with companies that supply the IDF?
Should UQ shut down the Boeing Centre?
Should UQ financially divest from Israel?
All three were passed near-unanimously. Just one attendee spoke against the motions.
The formal student union process has been employed just three times since the 1970s.
The university evacuated the campus Great Court on Wednesday afternoon after an anonymous bomb threat was phoned in. A spokesperson for the police said their investigations are continuing. The area has hosted a pro-Palestine encampment since last month.
When Labor came to power, it switched things up by replacing ministerial direction 90 that Alex Hawke had put in place, with ministerial direction 99, signed by Andrew Giles, which made ties to the community a primary factor. Review tribunals are also told to consider community safety and family safety as part of the decision making process, but in reviewing some visa cancellations, the administrative appeals tribunal has placed ties to the community above community/family safety.
Giles has said he will revise the direction to make community/family safety a primary consideration.
A quick history of ministerial direction 99
Given that ministerial direction 99 will dominate today’s news cycle as well, let’s do a quick rewind and explain what we are actually talking about.
Under the coalition government, relations with New Zealand became strained over the coalition’s policy of deporting people who had been born in NZ, but had spent most of their lives in Australia, if they committed a crime or fell foul of the migration act.
This meant that New Zealand was suddenly responsible for people with no connection to their country of birth. It was raised multiple times and sometimes quite publicly – Jacinda Ardern called Scott Morrison to task over it while standing next to him at a press conference after a bilateral meeting.
New direction 99 will put community safety as highest priority, Watt says
The agriculture minister, Murray Watt, was also asked about direction 99 while speaking to Sky News this morning:
I certainly accept that the AAT did not interpret this direction in the way that the government intended, and never interpreted in a way in line with community expectations. And that’s why we’ve now taken that firm action within a couple of days of this issue being raised. So the new direction that will now exist will put community safety as the highest priority for the AAT to consider.
When the changes were made to the direction by Minister Giles it was never intended that community safety or the seriousness of the offending would be relegated below other priorities. But unfortunately, the way the AAT has interpreted this has not given sufficient weight to community safety, and now we’re fixing it.
Dutton ‘has booted more people’ from Australia than any other minister, Tehan boasts
Dan Tehan is asked about the 102 convicted sex offenders who were released back into the Australian community while Peter Dutton was immigration minister. This came up in estimates yesterday and was reported in the SMH.
Tehan says it is a distraction:
We know none of the details around that. We’ve asked for the details. The journalists have been given information which is half the information to try and divert attention away from the catastrophic failure of the current immigration minister to keep the Australian community safe now.
Peter Dutton’s record – over 6000 people deported, a focus on making sure that those who had committed crimes against women and children, domestic violence, sexual offences, were booted from this country.
No other minister in the history of the commonwealth has booted more people from this country.
Opposition has not yet seen reviewed ministerial direction 99, Tehan says
The shadow immigration minister, Dan Tehan, is now being interviewed by ABC radio RN Breakfast and he says the opposition has not yet seen the reviewed ministerial direction 99 which is under the spotlight.
Tehan:
The minister for immigration, Andrew Giles, was asked in the parliament yesterday on numerous occasions as to when this new directive would come into force.
He couldn’t answer that. We found out through Senate estimates that he had sort of emergency meetings with his department over the last couple of days to put this directive in place, even though he was warned months before he signed that directive in 2023 on 23 January that it could impact up to 2800 cases.
The departmental secretary, Stephanie Foster, told Senate estimates the department had failed to keep Andrew Giles updated, despite there being a protocol in place the minister be advised of any serious cases of visa reinstatement through the tribunal.
Giles says he is dealing with the issues that are most pressing now – reviewing the decisions, and cancelling visas where necessary (he said earlier that seven visas had been cancelled and he was looking at another one now, with about 30 cases under review).
I also have put in place a mechanism to ensure that I will be notified within 24 hours of any such AAT decision.
Then we need to get to the bottom of what happened, I’m determined to do so.
Andrew Giles was asked why he wasn’t told about what was happening with his directive in the tribunals – why there weren’t meetings to receive updates.
He said there were meetings with his department which were taking place “pretty regularly”.
What has been unacceptable is the fact that these AAT decisions to set aside cancellations that were made under section 99 that were made by this government by my department – we were not advised, I was not told that these cancellations had been overturned by the tribunal.
That’s the issue that I’m deeply concerned about. And that’s what I’m focusing on fixing now.
Both by bringing up all of these submissions for cancellation and by ensuring the future revocation decisions by the tribunal are advised to me within 24 hours.
Giles vows to ‘get to the bottom’ of visa reinstatements
Andrew Giles says since becoming aware that the AAT tribunals had reinstated visas for people who had committed violent crimes, or have been alleged to have committed violent crimes, he has cancelled seven visas and is reviewing an eighth.
There are around 30 that I’ve called up as a matter of absolute urgency and they are dealt with through the day and night.
He said that he would be “getting to the bottom” of what happened at the AAT, and why ministerial directive 99 was used the way it was and why he was alerted to the decisions being made.
I’m gonna get to the bottom of this – a protocol that I put in place was not adhered to, that is entirely unsatisfactory. As I said, I’m now focused on dealing with the urgent issue which is the cancellation consideration, I put in place a new protocol and I want to get to the bottom of what happened and why.
The immigration minister, Andrew Giles, is speaking to ABC radio AM as the ministerial directive 99 fallout continues.
Asked why he still has a job, Giles says:
Well, because there’s so much work to do to clean up the mess to rebuild a migration system that was left in tatters under the leadership of Peter Dutton that was left when he was the minister responsible.
For more on how we got here, read Paul Karp’s analysis:
Good morning
Hello and welcome to the last house sitting day for the week. We also have estimates for an added bonus (which will also continue tomorrow).
Thank you to Martin for getting us all up to date this morning – you now have Amy Remeikis for most of the parliament day.
It’s a four coffee morning – and we are on number two with three brewing away over here. It’s also cupcake for breakfast time. Whatever gets you through.
Ready? Let’s get into it.
BHP’s $75bn takeover deal collapses
Mining giant BHP has given up on its attempts to buy rival miner Anglo American for $75bn in what would have been the biggest takeover deal in Australian history.
The announcement came in the early hours, about 45 minutes before a deadline set by London-listed Anglo for BHP to either put up a firm offer or walk away.
Anglo had earlier rejected BHP’s request for more time to hammer out an agreement. BHP has pursued the deal because its thinks Anglo’s assets – especially in copper – can help it become a stronger player across the whole commodities sector.
BHP’s chief executive, Mike Henry, said:
While we believed that our proposal for Anglo American was a compelling opportunity to effectively grow the pie of value for both sets of shareholders, we were unable to reach agreement with Anglo American on our specific views in respect of South African regulatory risk and cost and, despite seeking to engage constructively and numerous requests, we were not able to access from Anglo American key information required to formulate measures to address the excess risk they perceive.
The company said in a statement to the London market that it was “disappointed” the board of Anglo American had decided not to continue discussions to resolve concerns regarding the implementation of its revised proposal.
It said:
BHP had been engaging with Anglo American on these topics since the submission of its revised proposal on 20 May and believes that there was a viable pathway available to resolve Anglo American’s concerns.
In particular, Anglo American’s assertion that value risk under our proposal would be exclusively for the account of Anglo American shareholders is not accurate.
Anglo dismissed BHP’s proposal as “highly complex” – as it involved Anglo spinning off its South Africa-based Anglo American Platinum and Kumba Iron Ore operations.
Paul Karp
Report due on whether parliament should legislate Australia’s first federal human rights act
The parliamentary joint committee on human rights is reporting back today on whether parliament should legislate Australia’s first federal human rights act.
In March 2023 the Australian Human Rights Commission released a model for the act, suggesting it could provide safeguards to prevent programs that breach human rights such as robodebt.
That report also proposes additional rights to claim compensation in court for some infringements, including wrongful conviction and unjust detention, although courts could not strike down laws merely for breaching the act.
In the context of a breakdown in relations between Labor and the Coalition on religious discrimination and hate speech, and debates about liability after the robodebt scandal and compensation for people unlawfully detained in immigration detention, this will be an interesting report.
The chair of the committee, Labor MP Josh Burns, said it had received 300 submissions and more than 4,000 letters, with more than 80% in favour of a human rights act, the vast majority of which wanting the AHRC model.
Half of year 6 and year 10 students falling behind in science, report claims
Caitlin Cassidy
Almost half of year six and 10 students are falling behind in science, rising to six in 10 Indigenous students, a new report by the Australian Curriculum, Assessment and Reporting Authority shows.
The National Assessment Program Science Literary Report surveyed students’ general science literacy skills and knowledge across a sample of schools in 2023.
It found there had been little national improvement in outcomes since the tests began in the early 2000s, while significant gaps among disadvantaged cohorts had also remained stubbornly high.
Some 57% of year 6 students attained the proficient standard in 2023, compared with 58% when the last test was completed in 2018. Some 54% of year 10 students reached the standard, compared with 50% the previous round.
Among Indigenous students, 34% in year 6 and just 28% in year 10 attained the proficient standard.There were also significant differences between students with parents from the highest and the lowest occupational and educational groups.
Acara’s acting boss, Stephen Gniel, said science was “one of the cornerstones” of 21st century society.
It’s critical we are arming Australian students with the science literacy necessary not only to be able to participate as active citizens in our ever-advancing technological society but also to help overcome its challenges, minimise its risks and contribute to its development.
Engagement with science inside and outside the classroom also had a link to outcomes. Less than half of students surveyed said they had “in-depth discussions about science ideas” in their lessons, while in year 6, just two in 10 (22%) students learnt science more than once a week.
More than half of Australia’s gas exports found to attract zero royalty payments
Caitlin Cassidy
More than half of the nation’s gas exports attract zero royalty payments, Australia Institute research has found, effectively giving away a public resource to multinational corporations for free.
The Australia’s Great Gas Giveaway report, released today, found 56% of gas exported from Australia was given to corporations royalty free, including 76% of gas exported from Western Australia.
About 80% of Australia’s gas is exported as liquefied natural gas (LNG), predominantly extracted from fields in commonwealth waters. But the report found the federal government has failed to levy royalties on gas feeding six of seven offshore LNG export terminals operating in Western Australia and the Northern Territory.
Multinational companies have made $149 billion exporting royalty free gas in the past four years, the report shows, while at least $13.3bn could have been raised in government revenue if royalties had been charged.
Mark Ogge, principal adviser at the Australia Institute, said many Australians would be “shocked” to realise a large portion of the nation’s gas was given away.
If you engaged an agent to sell your house for the best price but instead they gave it to their mate for free, you would be angry. This is exactly what Australian governments from both political parties have been doing with our gas resources for decades.
Australians have missed out on better healthcare, education and public housing because the gas industry hasn’t been paying for the gas it exports.
Ukraine president urges Albanese to attend peace summit
The Ukrainian president and European Union ambassadors have privately urged the Australian government to send a high-level minister to a peace summit in Switzerland to discuss Russia’s invasion of Ukraine, Australian Associated Press reports.
Ukraine’s president, Volodymyr Zelenskiy, spoke to Anthony Albanese yesterday evening and they discussed the peace summit to be held next month.
The president wrote on X:
I informed the prime minister about Russia’s ongoing efforts to expand the war and our pressing defence needs to counter the aggressor.
We also discussed the upcoming peace summit and the need to encourage as many nations from around the globe as possible to attend it. I highly appreciate Australia’s willingness to be present at the summit.
I spoke with Prime Minister Anthony Albanese @AlboMP to express my gratitude for Australia’s unwavering support for Ukraine.
I informed the Prime Minister about Russia’s ongoing efforts to expand the war and our pressing defense needs to counter the aggressor.
We also discussed…
— Volodymyr Zelenskyy / Володимир Зеленський (@ZelenskyyUa) May 29, 2024
Ambassadors from the EU and member states issued a separate call to Australia’s foreign affairs department on Tuesday, a European official confirmed.
Albanese is yet to decide on attending the mid-June summit, his department’s deputy secretary, Graham Fletcher, told a parliamentary hearing on Wednesday.
The Ukrainian ambassador to Australia, Vasyl Myroshnychenko, urged Albanese or a high-level minister to attend the summit.
“Australia has a voice of reason in the international community that goes back in history,” he told AAP.
“The Australian voice needs to be present in a definitive way at the summit for peace in Switzerland, which is best achieved by a cabinet minister who is a member of the National Security Committee.”
Members of the Group of Seven and Group of 20 forums, the EU and United Nations have been invited.
Welcome
Good morning and welcome to our rolling news coverage. I’m Martin Farrer and I’m going to flag some of the top stories this morning before Amy Remeikis takes the reins.
The Albanese government has thrown its support behind the international criminal court after the Guardian’s revelations about a nearly decade-long secret Israeli “war” against the organisation. As foreign affairs minister Penny Wong reiterated Australian support for the ICC, independent senator David Pocock said the international community must support the court’s work “without fear or favour” after the Guardian’s reporting about Israel’s secret operations. The Greens denounced reported threats to the court’s previous prosecutor, Fatou Bensouda, as “deeply concerning”.
The Ukrainian president and European Union ambassadors have urged the Australian government to send a high-level minister to a peace summit in Switzerland next month to discuss Russia’s invasion of Ukraine. Ukraine’s president, Volodymyr Zelenskiy, spoke to Anthony Albanese yesterday evening and they discussed the peace summit. More coming up.
The government and the opposition have both promised cuts to migration in response, at least partially, to Australia’s housing crisis. But how much does immigration actually contribute to the cost of housing and rent? Our data experts Nick Evershed and Josh Nicholas dig into the figures and, with the help of some excellent charts, tease out that the truth is as usual somewhat more complicated.
And, coming up, a new report from the Australia Institute estimates that no royalty was paid on more than half of Australia’s gas exports.
