The Department of Immigration and Border Protection, under the authority of Minister Scott Morrison, is in the process of seeking amendments to the Australian Citizenship Act 2007 that will give the minister draconian powers over not only asylum seekers, but anyone who has become or wishes to become an Australian citizen.
The Australian Citizenship and Other Legislation Amendment Bill 2014, will give Morrison the power to set aside decisions made by the Administrative Appeals Tribunal on the character and identity of those applying for citizenship or who have already received it, in a public interest test determined solely by the Minister.
The DIBA submission to a Senate committee argues that an elected member of parliament and minister of the Crown has gained a particular insight into the community’s standards and values. This particular insight therefore qualifies Morrison to overrule AAT decisions. It is the bill’s intention to grant a minister, in this case Morrison, the power to determine an individual’s “good character” or otherwise, regardless of any ruling made by the AAT. Morrison’s decision will be unchallengeable.
The bill also aims to give Morrison the right to determine “fraud” or “misrepresentation” in applications for citizenship. In such instances Morrison can revoke papers regardless of whether or not the individual concerned has been convicted of either offence.
That is, Morrison or the minister concerned has the power to determine “guilt” outside of any criminal proceedings, denying individuals the presumption of innocence.
The notion that anyone has particular insight or is entitled to absolute power because he or she is an MP and minister of the Crown is extremely dangerous. It is confusing the office with the human being who holds it. High office does not automatically endow its holder with integrity or insight. We are all too familiar with “killers in high places who say their prayers out loud” as Leonard Cohen puts it.
Morrison’s ongoing lunges for absolute power must be challenged. This is a liberal democracy. We do not have ministers who overrule the expert opinions of experienced tribunals. We do not have ministers who are above the rule of law and entitled to deprive any human being of the presumption of innocence. We do not have ministers who are answerable to nobody, whose decisions are unchallengeable, and who are allowed to carry out their department’s business in absolute secrecy.
First published on Jennifer’s blog No Place for Sheep.