Peter Dutton has called for a ban on all visas provided to Palestinian people fleeing Gaza, citing national security concerns.
The Opposition Leader accused the Australian Security Intelligence Organisation (ASIO) of "not conducting checks and searches" on those fleeing to Australia, claiming it put "national security at risk".
"I don't think people should be coming in from that war zone at all at the moment . . . it's not prudent to do so," he said.
Dutton said that Hamas is a "listed terrorist organisation" and authorities can't be sure about people's "identity or allegiances".
Dutton said his proposed measures aren't discriminatory, and denied he heightened community tension.
However, the Islamophobia Register has branded his comments as "deeply troubling and dangerously inflammatory".
"By suggesting that an entire group of people should be barred from seeking safety in Australia, Dutton shamefully perpetuates harmful stereotypes and vilifies vulnerable people who are feeling unimaginable horrors," they posted on social media.
They said the rhetoric lacks evidence, "fuels xenophobia and racism" and stokes "fear and division".
On Sunday, the Prime Minister accused Dutton of trying to "whip up fear".
The criticism comes after ASIO director-general Mike Burgess warned politicians to be "careful" with their language, saying "inflamed language leads to violence".
Appearing on ABC's Insiders, Burgess said ASIO conducts security assessments on visa applications that have been flagged as potentially concerning.
“The critical point is: there are security checks,” he said.
ASIO Director-General Mike Burgess said the institution is oversee potentially concerning visa applications from those fleeing Gaza. Source: AAP / Lukas Coch/AAP Image
He said that applications that have "rhetorical support" aren't a problem. But those who indicate ideological or extremist ideological support are.
He noted that providing financial support or material aid to Hamas may be grounds for disqualification due to Australia's recognition of Hamas as a terrorist organisation.
How many people fleeing Gaza have arrived in Australia?
Between October 7 and August 12, 10,033 visa applications were lodged by Palestinians. Only 29 per cent were approved.
The Department of Home Affairs told SBS Examines that 7,111 visa applications from Palestinians were refused and 2,922 migration and temporary visas were granted.
"Of these, 2,568 were visitor visas, 354 were granted other types visas including 95 Family visas, 39 Resident Return visas, 74 Skilled Migration visas, 51 Student visas, 87 other Temporary visas and 8 other visas," a spokesperson said.
The Department said anyone arriving from impacted areas is "not limited to one visa pathway".
"Everyone’s situation is different, and the Department of Home Affairs strongly recommends people consider their own circumstances when applying for the visa that best suits them," they said.
According to the Gaza Health Ministry, over 40,000 Palestinians have been killed in Israel's bombing campaigns and ground offensives.
What visas can people fleeing apply for and what's the process?
Many of those who fled Gaza to Australia have done so via temporary visas, including visitor visas, and applied for protection visas after arrival.
Temporary visas last three to 12 months, and the holder can't work or access education and healthcare.
The Department currently recommends that those from "significantly affected areas" who've arrived on a temporary visa and can't access "standard visa pathways or return" apply for a .
It's a "short term" bridging visa which allows the holder to stay in Australia "lawfully while they resolve their immigration status by obtaining a substantive visa or making arrangements to depart Australia".
Temporary visas and protection visas are subject to security and character provisions. This means a person would be screened at the time of applying for a temporary visa and if they apply for a protection visa.
Immigration Advice and Rights Centre (IARC) Principal Solicitor Ali Mojtahedi told SBS Examines that protection visas allow a person who is a refugee, or in need of protection, to stay in Australia on a permanent or temporary basis, depending on how they arrived in the country.
Protection visa applicants are subject to extensive criteria, including potentially being screened by ASIO if they're flagged as a potential risk to security.
Visas can be refused if someone doesn't engage in Australia's protection obligations and if they fail the character/security criteria.
When it comes to Dutton's call to stop the intake of people fleeing Gaza, Mr Mojtahedi said there is "fairly broad power" to refuse all visas "under the character provisions".
"A visa can be refused on the basis that a person has an association with a group that has been involved in criminal conduct, that the person has committed a war crime, that there is risk the person would engage in criminal conduct, incite discord in the community or be a person who has been assessed by ASIO to be a risk to security," he explained.
Mr Mojtahedi said ASIO could consider someone a "risk to security" if they "engage in politically motivated violence or promote communal violence, among other things".
While the government grapples with how to manage the influx of visa applications, some have warned that politicising the issue could have concerning impacts on social cohesion.
Settlement Council of Australia CEO, Sandra Elhelw, said Australia is "a successful multicultural country, but our social cohesion must not be taken for granted".
"Divisive comments by political leaders put a target on certain communities, fan sentiments of discord between communities and affect cohesion throughout the country."
Ms Elhelw said the processes being applied to those fleeing Gaza have been used for other refugees in the past.
"We must apply the same humanitarian processes to all, with no distinction on the basis of race, language, place of origin, or faith."
LISTEN TO
Islamophobia in everyday life
SBS English
30/07/202407:21