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Thursday, 1 April 2004
Page: 22547

Senator LUDWIG (Queensland) (9.36 a.m.)—I move:

That there be laid on the table by the Minister for Immigration and Multicultural and Indigenous Affairs, no later than 5 pm on 12 May 2004, the following documents relating to the exercise of ministerial discretion under sections 351 and 417 of the Migration Act 1958:

(a) the documentary evidence from the case histories relating to the applications for the Minister to exercise his discretionary powers concerning which Mr Karim Kisrwani made representations on behalf of the applicant to the former Minister for Immigration and Multicultural and Indigenous Affairs (Mr Ruddock) which resulted in the Minister intervening on behalf of the applicant, indicating the following:

(i) the Refugee Review Tribunal (RRT) or Migration Review Tribunal (MRT) outcome in relation to each case,

(ii) the outcome of the Minister's consideration pursuant to sections 351 or 417, and the date of the Minister's decision,

(iii) an indication of whether the case at any stage was assessed by officers of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) as falling outside the Minister's guidelines,

(iv) the date of any such assessment,

(v) the date on which each case was first referred to the Minister's office, and an indication of whether at that stage the case was a scheduled case (assessed as outside the guidelines) or a full submission,

(vi) the date on which the file was the subject of a submission (other than on the schedule) to the Minister's office,

(vii) details of any requests by the Minister's office for a submission in relation to any of the files, as referred to in the letter, including the date, and any documentary record, of such requests,

(viii) details of the date or dates and nature of the contact with Mr Kisrwani referred to in the letter, and

(ix) copies of any correspondence or other documentation evidencing such contact;

(b) copies of all case files for all cases involving representations by Mr Cameron MP and Gateway Pharmaceuticals to Mr Ruddock to intervene on behalf of applicants and where the Minister exercised his powers under sections 351 and 417;

(c) the documentary evidence for each of the 105 case histories referred to in evidence given by DIMIA officers on 31 October 2003 to the Select Committee on Ministerial Discretion in Migration Matters, indicating in each case the following:

(i) the nationality of the applicant,

(ii) a timeline of the application process including processing of the ministerial intervention request subsequent to the decisions of either the RRT or MRT,

(iii) details of decisions made by departmental officers and review tribunals in relation to each applicant,

(iv) whether the case was assessed by the department as meeting the guidelines for ministerial intervention or placed on a schedule as being outside the guidelines and the date of such decisions,

(v) details including the date of any communication from the Minister or the Minister's office regarding the case, including any request for a full submission, and

(vi) names of any persons who made representations on behalf of the applicant;

(d) all documents on case files relating to the exercise of the ministerial discretionary powers under sections 351 and 417 in the cases of Ibrahim Sammaki and Bedweny Hbeiche; and

(e) all documents on case files relating to the exercise of the ministerial discretionary powers under sections 351 and 417 in cases involving represent-ations by Mr Fahmi Hussain.

Question agreed to.