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Notice given 27 July 2007

3414  Senator Ludwig: To ask the Minister representing the Minister for Foreign Affairs—

(1) Did any ministerial offices receive a briefing on Dr Haneef from the department or the Australian Secret Intelligence Service (ASIS); if so, can a list be provided of the ministerial offices which were provided with briefings, including when the briefings were provided and by whom.

(2) Were the relevant ministers present at the briefings, or were the briefings held with staff.

(3) If the briefings were held with staff, did the staff convey the information to the relevant minister; if so, how long after the briefings was the information conveyed to the relevant minister; if not, why not and when will this occur.

3415  Senator Ludwig: To ask the Minister representing the Attorney-General—Prior to the entry of Dr Haneef into Australia:

(1) Were the Australian Federal Police or the Australian Security Intelligence Organisation requested to perform a security check on Dr Haneef; if so: (a) which security agency was requested to perform the check; (b) on behalf of which agency was the check made; (c) on what date was the check requested; (d) on what date was the check performed; (e) was the outcome of the check adverse; (f) what type of security check was performed; and (g) was the outcome of the security check reported to any agency; if so, which one.

(2) Was Dr Haneef the subject of an adverse security report; if so: (a) which agency made the adverse report; (b) on what date was the report made; (c) why was the report created (i.e. was it requested by another agency or department); and (d) was the adverse security report communicated to any other agency; if so, which one.

 

 3416  Senator Ludwig: To ask the Minister representing the Attorney-General—

(1) Did any ministerial offices receive a briefing on Dr Haneef from the Australian Federal Police (AFP) or the Australian Security Intelligence Organisation (ASIO); if so, can a list be provided of the ministerial offices which were provided with briefings, including when the briefings were provided and by whom.

(2) Were the relevant ministers present at the briefings, or were the briefings held with staff.

(3) If the briefings were held with staff, did the staff convey the information to the relevant minister; if so, how long after the briefings was the information conveyed to the relevant minister; if not, why not and when will this occur.

3417  Senator Ludwig: To ask the Minister representing the Attorney-General—

(1) Has any foreign government approached the department regarding the extradition of Dr Haneef; if so: (a) which foreign governments have approached the department; and (b) on what date.

(2) Has any foreign government approached the department regarding requests for consular access to Dr Haneef; if so: (a) which foreign governments have approached the department; and (b) on what date.

3418  Senator Ludwig: To ask the Minister representing the Attorney-General—

(1) Has the Minister or the Attorney-General issued a criminal justice stay certificate in respect of Dr Haneef: (a) if so: (i) when was the certificate issued, (ii) what conditions are attached to the certificate, and (iii) does the certificate require detention; and (b) if not, why not.

(2) Has an application been made to the court for a criminal justice stay warrant in respect of Dr Haneef: (a) if so: (i) when was the warrant sought, (ii) who applied for the warrant, and (iii) was the warrant granted; and (b) if not, why not.

(3) Has a criminal justice stay visa been sought for Dr Haneef: (a) if so: (i) when was the visa sought, (ii) who applied for the visa, (iii) when was the visa granted, (iv) what conditions are attached to the visa, and (v) does the visa require detention; and (b) if not, why not.

3419  Senator Ludwig: To ask the Minister representing the Minister for Immigration and Citizenship—

(1) Was Dr Haneef granted entry into Australia on a 457 visa: if so: (a) on what date did Dr Haneef apply for the visa; (b) on what date was the visa granted; and (c) where was the visa processed.

(2) (a) Without going into details of the content, what security checks were made on Dr Haneef at that time, by: (i) the department, and (ii) by another agency on behalf of the department (please specify agency); and (b) for each security check outlined, please specify: (i) the type of security check, and (ii) whether the security check was adverse.

(3) Was Dr Haneef subject to any test on character grounds before entry; if so, for each character test outlined, please specify: (a) the type of character test; and (b) whether the test was adverse.

(4) At any time before Dr Haneef’s entry into Australia, was he subject to any adverse report by the Australian Federal Police or the Australian Security Intelligence Organisation; if so, on what date was the adverse report made.

(5) On what date did Dr Haneef enter the country.

 

 3420  Senator Ludwig: To ask the Minister representing the Minister for Immigration and Citizenship—With reference to the period of time after Dr Haneef entry into Australia and prior to his apprehension as a suspect in relation to terrorism:

(1) Was Dr Haneef subject to any test on character grounds: if so, for each character test outlined, please specify: (a) the type of character test; and (b) whether the test was adverse.

(2) Did Dr Haneef come to the attention of the department’s compliance officers; if so, can details be provided.

3421  Senator Ludwig: To ask the Minister representing the Minister for Immigration and Citizenship—

(1) Did any ministerial offices receive a briefing on Dr Haneef from the department; if so: can a list be provided of the ministerial offices which were provided with briefings, including when the briefings were provided.

(2) Were the relevant ministers present at the briefings, or were the briefings held with staff.

(3) If the briefings were held with staff, did the staff convey the information to the relevant minister; if so, how long after the briefings was the information conveyed to the relevant minister; if not, why not and when will this occur.

3422  Senator Ludwig: To ask the Minister representing the Minister for Immigration and Citizenship—With reference to the revocation of Dr Haneef’s visa:

(1) On what date did the department: (a) commence investigation into Dr Haneef’s character; and (b) conclude that Dr Haneef’s character was of a nature sufficient to revoke his visa.

(2) (a) On what date did the department notify the Minister that it had come to this conclusion; (b) how was notice given to the Minister; and (c) in what form did the notice take.

3423  Senator Ludwig: To ask the Minister representing the Minister for Immigration and Citizenship—With reference to Dr Haneef’s apprehension on suspicion of terrorist-related activity:

(1) (a) On what date did the department become aware that Dr Haneef was to be arrested or was arrested on terrorist-related charges; (b) which agency notified the department; (c) how was that notice given; (d) when was it given; and (e) to which branch was it given.

(2) (a) On what date did the Minister first become aware that Dr Haneef was to be arrested or was arrested on terrorist-related charges; (b) which agency notified the Minister’s office; (c) how was that notice given; and (d) when was it given.

3424  Senator Ludwig: To ask the Minister representing the Minister for Immigration and Citizenship—

(1) In regard to general advice received from the Australian Federal Police (AFP) regarding Dr Haneef prior to but not concerning the advice relied upon in determination of the character test: (a) when did the Minister or his office first start taking advice from the AFP in relation to Dr Haneef; (b) in what form was that advice; (c) how was this advice about Dr Haneef given to the Minister or his office; and (d) was any information redacted or reduced on the grounds of national security or any other grounds; if so, please specify.

 

 (2) In regard to advice received from the AFP regarding Dr Haneef that was relied upon in determination of the character test: (a) when did the Minister or his office receive advice from the AFP in relation to Dr Haneef and the character test in the Migration Act 1958 ; (b) how was the advice given to the Minister or his office; (c) was it the Minister, his office or the department that first received the advice; (d) from which division of the AFP was the advice received; (e) when did the Minister or his office receive advice from the AFP that Dr Haneef did not meet the character test; (f) how was this advice given to the Minister or his office; (g) what security level was the document; (h) was this advice taken to Cabinet; (i) was this advice requested by the Minister, his office or the department, or provided without request by the AFP; and (j) did the AFP pass information concerning Dr Haneef’s character at the department’s request.

(3) Did the AFP specify that Dr Haneef’s visa should be revoked on character grounds; if so: (a) at what time did the AFP provided the Minister with evidence that Dr Haneef should have his visa revoked on the grounds of character; and (b) did the department or the Minister’s office request that this advice be included.

3425  Senator Ludwig: To ask the Minister representing the Minister for Immigration and Citizenship—With reference to the Minister’s actions concerning Dr Haneef on 16 July 2007:

(1) Did the Minister attend the Cabinet meeting on 16 July 2007; if so, was the Minister present for the whole of the meeting.

(2) At what time did the Cabinet meeting conclude.

(3) Did the department prepare a Cabinet brief on the subject of Dr Haneef for this meeting.

(4) Was the brief requested by the Minister; if so: (a) on what date did the Minster request the brief; (b) how was the brief requested; (c) which branch prepared the brief; (d) on what date was the brief submitted to the Minister; (e) on what date did the Minister approve the brief; and (f) on what date did the brief go to Cabinet.

(5) Was the brief prepared as a departmental initiative: if so: (a) on what date did the department decide that a Cabinet brief was required; (b) which branch took the decision to prepare the brief; (c) what is the highest grade of senior official to authorise the brief; (d) on what date was the Minister’s office made aware that the department was preparing a Cabinet brief about Dr Haneef; (e) was the Minister’s office made aware of the contents and recommendations of the brief at that time; (f) were any draft versions of the brief circulated to the Minister’s office and on what dates; (g) on what date was the brief submitted to the Minister’s office; (h) on what date did the Minister approve the brief; and (i) on what date did the brief go to Cabinet.

(6) Is any department-held material on Dr Haneef exempt from freedom of information on the grounds that it went to Cabinet on 16 July 2007.

(7) (a) At what time was the Minister, or his office, made aware that the magistrate in Brisbane had granted Dr Haneef’s bail application; and (b) how did the Minister become aware.

(8) On what date and time did the Minister make his decision to revoke Dr Haneef’s visa on character grounds.

 

 3426  Senator Ludwig: To ask the Minister representing the Minister for Immigration and Citizenship—In regard to the Minister’s decision-making on Dr Haneef:

(1) On what basis did the Minister decide to reapply the character test to Dr Haneef.

(2) Was the Minister requested to reapply the character test to Dr Haneef; if so: (a) by who or which department or agency; and (b) when was this request made.

(3) Did the Minister seek approval from, or discuss with the Prime Minister or his office, his proposed decision on Dr Haneef, prior to making the decision.

(4) Did the Minister seek approval from, or discuss with the Attorney-General or his office, his proposed decision on Dr Haneef, prior to making the decision.

(5) Did the Minister seek approval from, or discuss with the Minister for Justice and Customs or his office, his proposed decision on Dr Haneef, prior to making the decision.

(6) At the time the Minister made the decision to revoke Dr Haneef’s visa, was the Minister aware that the magistrate had decided to release Dr Haneef on bail.

(7) Did the Minister consider the fact that Dr Haneef was on bail when forming his conclusion as to Dr Haneef’s character.

(8) Was the fact that Dr Haneef had relatively free movement in the community a factor in rescinding the visa.

(9) Did the Minister have access to the magistrate’s written decision on Dr Haneef’s bail application, prior to revoking Dr Haneef’s visa on character grounds.

(10) Did the Minister assess the same set of evidence that was placed before the magistrate in accessing Dr Haneef’s character.

(11) Did the Minister access additional or other evidence than that which was placed before the magistrate in accessing Dr Haneef’s character.

(12) Was all information that was place before the magistrate considered by the Minister in assessing Dr Haneef’s character; if not, why not and what information was place before the magistrate that was not considered by the Minister.

(13) What factors did the Minister consider in determining whether Dr Haneef’s visa should be revoked on character grounds.

(14) Did the Minister consider any other factors apart from those prescribed in legislation; if so, please specify.

3427  Senator Ludwig: To ask the Minister representing the Minister for Immigration and Citizenship—

(1) Has Dr Haneef been place on the movement alert list: if so, when did this occur; if not, why not.

(2) (a) Were any alternatives to the detention of Dr Haneef considered; if so, what alternatives to detention were considered; if not, why not; and (b) was a bridging visa granted; if not, why not in this instance.

 

 (3) (a) How was the determination made that Villawood was the required detention centre: (b) was consideration given to any alternatives in Brisbane (for example, remand); if so, can details be provided; if not, why not; (c) what protocols are there regarding the Queensland Government and the Commonwealth regarding the detention of detainees in Queensland and other states; and (d) was consideration given to the placing of Dr Haneef on a bridging visa or other form of visa for the duration of the trial; if so, can details be provided; if not, why not.