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Tuesday, 30 May 1989
Page: 3030


Senator JENKINS(8.05) —I move:

(1) Page 9, clause 5, after proposed paragraph 5j (2) (b), add the following word and new paragraphs:

`` `or (c) starting when the Minister's determination to stop processing applications for visas or entry permits of a kind sought by the person, is published in the Gazette under section 11j or 11w and ending on the resumption day specified in the notice under section 11j or 11w, as the case may be; or

(d) starting when the person applies to the Administrative Appeals Tribunal under this Act, or the Federal Court whether under the Administrative Appeals Tribunal Act 1975, the Judiciary Act 1903, or the Administrative Decisions (Judicial Review) Act 1977, for review of a decision refusing the person an entry permit and ending when the Administrative Appeals Tribunal, or the Federal Court on appeal from the Administrative Appeals Tribunal, gives its decision on that review.'.''.

It is not my intention to delay the Senate unduly. On the other hand, each of these amendments is being moved because the Australian Democrats deem them necessary and believe that they would give added quality to the Migration Legislation Amendment Bill. Under the provisions of section 5j as it is drafted, the 28-day clock of the period of grace for illegal entrants who had applied for a visa or entry permit would go on ticking during the period when the Minister for Immigration, Local Government and Ethnic Affairs (Senator Robert Ray) had declared a halt on the processing of all applications. These persons would almost certainly become subject to the mandatory deportation provisions before the Minister reopened their category of application for further processing.

I propose two additional clauses under this amendment. The first of the two proposed clauses provides that the category of excluded days during which the 28-day clock is halted will include any period during which the Minister halts the processing of visas. The second paragraph, paragraph (d), provides that any period during which an appeal is being considered by the Administrative Appeals Tribunal, foreshadowing an amendment I will be moving later, or the Federal Court-and any appeal can currently and under this legislation be put before the Federal Court on a point of law-will also count as a period during which the 28-day clock is halted. In other words, this amendment has been put forward by the Australian Democrats to ensure that any deportations that may be carried out will be carried out with the right amount of time for due consideration.