Visa Violations and Deportation of Criminal Offenders

Senator ROBERTS: My question is directed to the Minister representing the Minister for Immigration and Multicultural Affairs and the Minister representing the Attorney-General, Senator Watt. Last week the Australian Federal Police publicised the case of a father who was convicted of attempting to force his 15-year-old and 17-year-old daughters into arranged marriages. For clarity: my question relates only to arranged marriages where either party is not given a choice. To respect the privacy of the children involved, my question goes to policy. Is human trafficking a 15-year-old girl into marriage sufficient grounds for deportation? If not, why not? 

Senator WATT: Thank you for the question. I don’t have details as to the specific case that you’re referring to, but certainly what I can say is that a breach of character grounds on any basis would be the basis for cancelling someone’s visa and deporting them from Australia. If it is the case that a crime has been committed in this case or that character grounds in general were found not to be satisfied, then of course the outcome of that would be that a visa would be cancelled. As I said, I don’t have enough details about the particular case involved, and you yourself said you didn’t want to go to the details of that case and wanted to talk more generally, but that is the general position when it comes to visas. If there’s any further information I can provide, I would be happy to do so. 

The PRESIDENT: Senator Roberts, first supplementary? 

Senator ROBERTS: Minister, the forced marriage of a child carries a nine-year prison penalty and 25 years if a child is sent oversee for the marriage. Australia Federal Police commander Kate Ferry described the offence as ‘human trafficking’, as does the Attorney-General’s website. Your answer downplayed a serious issue of women’s rights and contradicts your own website. Minister, with 91 cases of forced marriage reported to the AFP in the year to June, when will you start deporting the offenders, including the clergy involved? 

Senator WATT: Again, I don’t have the details of the 91 cases, and I’m not certain that they all involve people who are in Australia on visas. I want to fact-check that before accepting that that is the case.  

But, as I said, when it comes to visas that are granted to people to visit Australia, they come on conditions. Of course, any visa holder has responsibilities to the people of Australia while they’re present in Australia. Ordinarily what would occur is that if someone is convicted of an offence—and I don’t know whether any of these individuals have been convicted of offences. But if that were to occur then they would ordinarily serve their sentence in an Australian prison and, once they’ve served their sentence, that would be the time at which they would be deported, that their visa would be cancelled. Ordinarily, as I understand it, we don’t cancel people’s visas before we put them in jail, if they’ve committed an offence. They would serve out their sentence in a jail and then, on release, that would be the time that their visa would be cancelled. 

The PRESIDENT: Senator Roberts, second supplementary? 

Senator ROBERTS: Minister, how many arrivals on permanent visas were deported for criminal activity in calendar 2023, or later if you have the data? For clarity, I don’t want visa overstays or deportations on technical grounds. My question goes specifically to a reluctance to deport for a serious criminal offence. 

Senator WATT: Again, I don’t have that level of detail with me, representing the Attorney-General, but if there’s information that I can provide to answer your question I’d be happy to provide that. What I can say is that, obviously, it’s a matter for police if there is an allegation of a crime. As I said, I’m not across the details of this particular report that you’re referring to. I’m not aware of whether the person has been charged or convicted, but it’s a matter for police— 

The PRESIDENT: Minister, please resume your seat. Senator Roberts? 

Senator ROBERTS: Standing order 72(3)(c) says that answers shall be directly relevant to each question. I’m not after the details on this question. I’ve got them. What we want to know is: how many arrivals and permanent visas were deported for criminal activity in calendar 2023, or later if you have the data? 

The PRESIDENT: Senator Roberts, you simply needed to have stood and said ‘relevance’. The minister was relevant. He indicated in the first part of his answer that if he could get more detail he would, and he is entitled to continue his answer. Minister Watt, please continue. 

Senator WATT: As I said, Senator Roberts, I’m happy to provide any further details in addition to anything that I do have here. What I am aware of is that significantly more visa cancellations have occurred under this government than ever occurred while Mr Dutton was the home affairs minister. That’s something I can tell you. But I’m happy to come back to you with additional details once they come to hand. 

I move: 

That the Senate take note of the answer given by the Minister representing the Minister for Immigration and Multicultural Affairs and the Minister representing the Attorney-General (Senator Watt) to a question without notice I asked today relating to grounds for visa cancellations. 

The Australian Federal Police prosecuted the case—concerning the failure to deport a recent arrival who attempted to force his 15-year-old and 17-year-old daughters into arranged marriages—resulting in conviction and imprisonment. Well done to the Australian Federal Police. The number of human-trafficking complaints to the AFP has increased, with the AFP receiving 382 reports including 91 forced marriage allegations across the 2023-24 financial year. A forced marriage involves the absence of free will. That’s why the Attorney-General’s website compares forced marriage to child labour and slavery. 

I thank the minister for informing the Senate that deporting criminals in cases of forced marriage is an option. The media, in part, reported this case using the term ‘arranged marriage’—it’s no such thing. Nonnas and yayas have been arranging marriages for centuries, and they’re still at it, so they must be getting something right. In this case, though, the father knew forced marriage is illegal in Australia, and his daughters refused to be trafficked. 

I would’ve thought that one benefit to this government bringing in 2.4 million new arrivals is the opportunity for us to keep the best and send the rest home. In the last week, we’ve seen thousands of new arrivals marching through the streets of our capital cities calling for death to other Australian citizens. Inciting violence is breaking the law. We’ve seen illegal terrorist symbols in full display. They have been breaking the laws of our country—to which these people have chosen to come—breaking and flaunting our laws. I shared the video from the Opera House of these same people chanting ‘death to the Jews’. The audio is perfectly clear.  

We’re letting in people who hate our culture and wish to replace it with their own past culture, which they abandoned and left behind. When faced with such a threat, One Nation believes an immediate outcome should be the deportation of criminals. 

Question agreed to.