Burke dismisses ASIO’s legal advice on Nauru

Opposition MP Tony Burke says the Coalition claims legal advice “no matter what” the issue as he discounts ASIO’s leaked legal view on Nauru.

Tony Burke has dismissed ASIO’s advice on the medical evacuation of sick adult asylum seekers from Nauru. Picture: Lukas Coch/AAP

Manager of opposition business Tony Burke has dismissed ASIO advice against the medical evacuation of sick adult asylum seekers from Nauru.

Mr Burke said this morning that Scott Morrison would claim legal advice “no matter what” Labor’s position on border security was.

“When the government says they’ve got legal advice on this, that, and the other, they would claim that no matter what they have,” he told Sky News.

“Let’s not forget that they have legal advice that says Peter Dutton might not be eligible to be a member of parliament or a minister … and they still refuse to refer them.”

ASIO advice to the government, reported yesterday, said a planned framework to allow the evacuation of asylum seekers from Nauru and Manus Island on the advice of two doctors was limited by the definition of security in the ASIO act, and could allow criminals into Australia.

When asked if Labor would amend the Nauru amendments passed in the Senate to ban refugees on “character grounds”, Mr Burke said the minister was already given broad discretion under the current crossbench amendments.

“If anyone is a serious threat, we are able to reject them under the current legislation,” he said.

“Secondly, a discretion in terms on whether or not there’s necessity of the medical advice. If the medical advice is a con, the minister has the power to knock it back.”

Mr Burke also said there would “debate” at Labor’s national conference this weekend on border policy, but that there is a majority of Labor members behind boat turnbacks and offshore processing.