Greens alarm over security laws push

THE Greens have “serious concerns” about legislation introduced to plug a potential national security threat caused by the court appeal of Tasmanian bikie AJ Graham.

The founding member of the Rebels bikie gang in Tasmania has launched an appeal in the High Court to overturn his visa cancellation and avoid expulsion to his native New Zealand.

Graham, who has been detained since June 2015, had his visa cancelled on character grounds by Immigration Minister Peter Dutton. Under the Migration Act, Mr Dutton does not have to the reveal the information — either to Graham or the courts — that he relied upon to cancel the visa.

The Federal Government year over the deaths of two other workers, Alistair Lucas and Craig Gleeson, at Mt Lyell.

Counsel for CMT Chris Gunson had sought that the hearings be retained in Burnie because mine general manager has said the secrecy provisions exist so spy agencies and other departments can provide sensitive information to the minister without fearing it would become public.

But Graham’s lawyers have launched a constitutional assault on the secrecy provisions, arguing they are “sinister” and undermine the separation of powers between the court and executive government. Peter Walker would not be able to maintain proper control from Hobart.

Mr Walker was cross examined about his role and the capabilities of his likely replacement Clint Mayes.

Anxious that the High Court may decide in favour of Graham, and find the secrecy provisions invalid, the Government has tabled a Bill to sure up visa cancellation decisions.

Mr Dutton believes there could be consequences for national security and community safety if the Bill doesn’t pass Parliament. “The potential for serious criminals to be released back into society will be the outcome,” he said.

Mr Dutton has blasted Labor for referring the Bill to a Senate committee which won’t report back until next month.

But Tasmanian Greens senator Nick McKim, who sits on the committee, said it was “crucial” the Bill was properly scrutinised.

“The committee process is an important part of our parliamentary and democratic system and should not be rushed,” he said.

“Mr Dutton has a long record of writing laws and checking they are legal after the fact.”

The Government has confirmed the Bill, if passed, will not affect Graham’s appeal because it has already been heard. The High Court’s decision on Graham and fellow bikie Mehaka Lee Te Puia is expected soon.

Graham, who has been living in Australia since 1976, had his first visa cancellation overturned in June last year but it was cancelled a second time just hours later.

He was taken to Goulburn Supermax prison in NSW in 2015 after being detained by immigration officials in Tasmania during a crackdown on bikies.