Andrew Giles has faced a sustained and coordinated attack from the opposition over his handling of Australia’s immigration detention saga, amid calls for him to resign or resign.
The Immigration Minister was the target of seven questions from the coalition during Question Time on Tuesday.
He was repeatedly asked about foreign-born criminals who were granted leniency by the courts as a result of a directive from Mr Giles’ office.
Mr Giles issued Directive 99 in January 2023, which calls on the courts to take into account a foreign-born national’s links to Australia during deportation proceedings.
As a result, criminals who have no legal ties to Australia are allowed to remain in the country after committing crimes.
The Coalition has condemned this as another scandal in the immigration portfolio since Labor took office, following a High Court decision allowing 153 detainees to take to the streets as part of the NZYQ cohort.
On Tuesday, Mr Giles – who has been a soft target during Question Time for months – argued that his directive has not made it easier for criminals to remain in Australia.
He said it was the decision of the “independent tribunal to overturn the revocation of the visa,” despite his personal belief that it should remain revoked.
‘Our thoughts are of course with the victims. In saying that the safety of the community remains of course our top priority is a government,” Mr Giles said twice.
The revelation has led to renewed calls for Prime Minister Anthony Albanese to sack the minister responsible for immigration, Andrew Giles
“Directive 99 has not diminished the importance placed on considerations such as the expectations of the Australian community and the protection of the community from crime. That is a very important point here.’
In the case of Emmanuel Saki – a 29-year-old from Sudan who arrived with his family at the age of 12 and was charged with murder weeks after being released from immigration detention – Mr Giles revealed he has since had his visa revoked again.
Saki’s visa had been canceled in the past but reinstated via direction 99 due to his family ties to Australia. He remains in custody during the alleged murder investigation.
On the fifth question to Mr Giles, he was told to ‘speak out’ after wayward MP Bob Katter interrupted to tell the chamber he ‘couldn’t hear the Minister’, adding ‘that’s probably a good case’.
The Immigration Minister claims that he and his department consider many cases ‘as a priority’ and that they are ‘all under consideration for cancellation’.
It comes as new data shows one in five inmates released in November as part of the NZYQ cohort following the Supreme Court ruling have reoffended.
Mr Giles survived a motion from opposition leader Peter Dutton in February calling for him to be sacked, and soared after a second High Court ruling in the ASF17 case, which kept a new batch of detainees behind bars.
March figures released to the Senate after an estimates hearing now show at least 28 of the 153 people released after the NZYQ decision have reoffended.
The cohort – which also included rapists and murderers – was released into the community after the Supreme Court ruled that their indefinite detention was unconstitutional.
These people are considered stateless and therefore cannot be deported.
Opposition Home Affairs spokesman James Paterson and commentator Joe Hildebrand both urged Prime Minister Anthony Albanese to take decisive action against Giles this week.
Mr Paterson said Mr Giles’ ministerial position was “untenable”.
‘The minister should have been fired weeks, if not months ago. But he should be fired this week.”
He argued that both Mr Giles and Home Secretary Clare O’Neil have powers to “get these people off the streets” using preventive detention orders passed by Parliament after the High Court ruling.
“This government is too weak to protect them,” he said.
‘There is no barrier other than the weakness of the Albanian government to get rid of these people.
“We eradicated these types of people under the previous Liberal government. Under the next Liberal government, whenever it is re-elected, we will get rid of people like this.”
March figures released to the Senate after an estimates hearing now show that at least 28 of the 153 people released after the NZYQ decision have reoffended
Opposition Home Affairs spokesman James Paterson and commentator Joe Hildebrand both urged Mr Albanese to take decisive action against Mr Giles this week.
Hildebrand shared a similar thought, stating that Mr. Giles should be the first to be given the opportunity to resign this week.
“If he doesn’t, Anthony Albanese should fire him,” he said.
“It’s no secret that I’m a little soft on Albo and that I love him very much, but this is simply indefensible. It’s absolutely terrible.
‘This man is a clown.’
The government has introduced a range of measures to combat the potential risks, including the introduction of ankle monitors.
However, figures show that only half of detainees are subject to the ankle monitors as part of their visa conditions.
“At least 28 members of the NZYQ cohort have reoffended after being released into the community,” opposition spokesman James Paterson said.
“How bad does the inmate crime wave have to get before they take action?”
