Dr JENSEN (3:17 PM) —My question is to the Minister for Immigration and Citizenship. Have the detainees involved in last week’s riots—

Government members interjecting—

The SPEAKER —Order! The member for Tangney will start again. Those on my right will come to order.

Dr JENSEN —My question is to the Minister for Immigration and Citizenship. Have the detainees involved in last week’s riots on Christmas Island, who set fire to the facility and attacked Federal Police, been identified and what immediate sanctions have been imposed on these detainees for their participation in last week’s riots?

Mr BOWEN (Minister for Immigration and Citizenship) —As I have made clear, there is an Australian Federal Police investigation into the violent and unacceptable incidents on Christmas Island last week. That Australian Federal Police investigation may well lead to the laying of charges by the Commonwealth Director of Public Prosecutions. Under our system, that is how it works; directors of public prosecutions lay charges, not ministers.

I have also indicated that I will regard the character test very seriously in the granting of visas on this matter. As the Prime Minister has indicated to the House, there is a process to be undertaken in relation to the character test. That test must be applied on a case-by-case basis. As the Prime Minister explained this the other day, the shadow minister for immigration interjected and said, ‘The minister’s intervention power is not appellable.’ I think he has been getting legal advice from George Brandis again because he is wrong. Ministers’ intervention powers are not appellable in some instances. The minister’s decision to refuse or cancel a visa on character grounds can be appellable.

I know he is getting advice from George Brandis. I do not think he is getting it from the member for Menzies because, if he were getting advice from the member for Menzies, the member for Menzies would be saying, ‘Scott, do not forget Haneef because I got it wrong.’ I do not think the government wants to get it wrong in this instance because the minister for immigration is following the process, which the former minister, the member for Menzies, did not.