LIV President's Blog 2012

LIV President's Blog 2012

Michael Holcroft, LIV President 2012 on the latest issues and topics. Read and comment.

Back To List

Failing to protect refugees in our region

Failing to protect refugees in our region
The “Expert Panel on Asylum Seekers Report” confirms that 90% of people travelling to Australia by boat seeking asylum are found to be legitimate refugees, once they are actually assessed.

The political hysteria about “boat people” misses that fact.

These are desperate people seeking to flee persecution.

Australia is, quite rightly, a signatory to the International Convention Relating to the Status of Refugees.

The current debate ignores the humanity of the plight of these people.

Australia has a duty to process asylum seeker claims. Warehousing asylum seekers in Nauru and Manus Island fails to protect their human rights.  It makes accessing legal representation very difficult. The LIV joins with the Law Council of Australia (LCA) in expressing disappointment at a number of recommendations of the expert panel on asylum seekers. We will host a film fundraiser and panel discussion on the future of refugee policy next week (Thursday 30 August, 6pm).

Respect for human dignity, not political expediency, should be key
In our submission to the expert panel on asylum seekers, we put forward that an effective and sustainable approach to asylum seekers must be based on respect for human dignity and not on political expediency.

We said: “Any policy options which seek to de-humanise asylum seekers or which effectively punish individual asylum seekers with the aim of general deterrence must be rejected”.

Disappointingly, the report recommended offshore processing as part of a suite of measures to deter people from trying to get to Australia by boat, and that is what the government rushed to implement into law, with bipartisan support.
The government’s aim for short to medium term policies is to focus on how best to prevent asylum seekers risking their lives by travelling to Australia by boat, while a long term regional solution is found.

But the offshore processing arrangements made possible by last week’s amendment to the Migration Act are only triggered when a boat is intercepted.

Further, offshore processing will only deter people from travelling to Australia by boat if conditions of offshore detention, and processing times, are worse than in Indonesia, where most asylum seekers depart on boats to Australia. Yet there are currently no real avenues to seek protection in Australia for the thousands of asylum seekers currently in Indonesia and other countries in our region.

We welcome the government’s announcement yesterday to increase Australia’s humanitarian program to 20,000 places in 2012-13, in line with the recommendation of the Expert Panel. The government’s immediate measure, to resettle an additional 400 refugees from Indonesia, will not be sufficient, however, to stop people getting on boats. The government must increase resettlement form our region to create a ‘regular migration option’ for otherwise desperate people.

Suggested short and medium term action
We believe a more appropriate response would be to:
  • Provide access to temporary visas to travel to Australia – to enable people to enter and remain in Australia for the limited purpose of making protection claims
  • Decouple the link between the offshore Refugee and Humanitarian program and onshore protection programs, so that onshore arrivals do not reduce the number of visa places for refugee and humanitarian entrants to reunite with family members
  • Reform the family migration program, to allow refugees living in Australia to sponsor their families as migrants.  This would reduce the burden from offshore humanitarian programs
Refugees’ rights compromised
Responding to the needs of refugees and asylum seekers is one of the most vexed political issues facing our leaders at present, with boat arrivals increasing on a weekly basis. It is unacceptable that in the effort to secure bipartisan support for action aimed at stopping people losing their lives on perilous boat journeys, we have compromised their rights by introducing offshore processing.

This is an issue that demands repeated examination and discussion to reach the best outcome, which in the long-term can only lie in a regional protection framework.

Come and hear more about the issue
I am looking forward to hearing from experts in the field at our film night and panel discussion next Thursday 30 August.

Dr Savitri Taylor from LaTrobe University; Jessie Taylor, barrister and recent subject of an ABC  Australian Story profile and Paul Power, from the Refugee Council of Australia will lead the audience through the issues. We will also have a firsthand look at what turns a person into a boat person through the documentary made by Jessie Taylor and Ali Reza Sadiqi Between the Devil and the Deep Blue Sea.

$10 from each ticket purchased for the event will be donated to the Asylum Seeker Resource Centre.

I would like to commend our Administrative and Human Rights lawyers for their important work on the submission to the expert panel.

The fight to protect the rights of asylum seekers must continue as we all watch how the government implements its new and imperfect policy.

What more can we do to protect the rights of asylum seekers?
 
Back To List

Comments

Comments
Judith Gammie
David - it is not illegal to seek asylum in Australia, even if arriving by boat.
28/08/2012 9:08:44 AM

Comfortably numb
In the Cth Parliamentary library report titled 'Boat arrivals in Australia since 1976' (Phillips and Spinks, updated 9/7/12) the following is noted:
"In the case of Australia, concerns over ‘unauthorised’ boat arrivals or ‘boat people’ have occupied successive governments since the 1970s. However, many argue that the number of boat arrivals in Australia is very small in comparison to the significant flows of ‘unauthorised’ arrivals in other parts of the world over the last few decades. In the US, for example, it is estimated that more than 500 000 ‘illegal aliens’ arrive each year. Similarly, parts of Europe struggle to monitor and control the large influxes from Africa and the Middle East each year. In comparison, in 2010 134 boats arrived unauthorised in Australia with a total of about 6879 people on board (including crew). Though considerably more than the 7 boat arrivals in 2008 with 179 people on board, in comparison with Europe and the US this is still a small number." [footnotes removed].
2010 is the historical high both in numbers of boats and people.
To find out how many boats and people have arrived by boat each year go here:
http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BN/2011-2012/BoatArrivals#_Toc285178600
25/08/2012 1:41:54 PM

Carina Ford
Living as a refugee in Australia is hardly to be described as luxurious. Refugees who are settled in Australia, in many instances have lost family members, have spent long periods in detention, have suffered from significant trauma and depression and also face an up hill battle by the way they are portrayed in the media. They then have to re-build their lives from scratch. Also what does not receive much public attention, is that Asia has a significant number of refugees who reside in various countries throughout the region, many more than Australia's intake per year. For those of you who are not convinced that Australia should have a humane and fair refugee policy I strongly recommend that you watch "the Devil and the Deep Blue Sea ".
25/08/2012 8:28:10 AM

Tracey Smail
Can't agree more Mr President !
24/08/2012 4:34:45 PM

Michael Holcroft
Thank you Christian. I will raise possible regional screenings with our events people. DVDs are available – information on how to purchase is available on the film’s website at http://www.deepblueseafilm.com/
24/08/2012 4:23:17 PM

Michael Holcroft
Melbourne Lawyer: Agreed
24/08/2012 4:10:24 PM

Michael Holcroft
David, It is hardly surprising that persecuted people seek quick refuge rather than waiting for the processing of paperwork. We have human rights obligations to process people who present on our shores and take our fair share of those who are legitimate refugees.
24/08/2012 4:06:08 PM

Christian Schultink
Thank you for this post, Michael.

I appreciate your comments, and in particular the fact that you have critiqued the new amendments openly. The sentiment of the Houston report is admirable, yet it seems (at least to someone who has only limited knowledge of the subject) that its recommendations- and centrally offshore processing- may have the potential to result in some of the same problems of the Howard era migration policy, which in my view rightly attracted criticism at the time. I believe it is critical that new migrants are treated in a manner which does not embitter them, but rather in a manner which sets them on a path to become proud and positive members of the Australian community.

I don't purport to be an expert on this subject, and of course, there is always far more to this discussion. I therefore welcome your post and the fact that the LIV is informing its members and engaging with the issue. On a practical level, I would be especially grateful if it were at all possible for Jessie Taylor's film to be screened in regional areas. It is difficult for us to travel to Melbourne for a single evening, even for so worthwhile an event as this, and I would suggest that regional practitioners would both support and benefit from the screening of this particular production.

Thank you again.

Christian.
24/08/2012 3:55:08 PM

James
And how reliable is the assessment process? If asylum-seekers have nothing to hide or to lie about, why do they routinely destroy all identification documents shortly prior to arrival, a step calculated to make assessment more difficult?
How many more Captain Emads have been found to be "legitimate refugees"? The answer is we have absolutely no idea.
Further your proposals do not address the most important consideration which is how to discourage - with immediate effect - any more people from putting to sea in unseaworthy vessels and losing their lives as a result.
24/08/2012 1:27:02 PM

Melbourne Lawyer
Long term, a diplomatic solution is required. This cannot occur while the issue is used as a political football.
24/08/2012 12:42:30 PM

David Joseph
If, as is asserted, 90% of people coming to this country by boat are legitimate Refugees, why, then, are they coming here illegally and seeking to avoid the proper channels? If, indeed, they are genuine, then what is the matter with seeking refuge in a closer country such as India, China or Israel, for example? One obvious answer to that would be that those countries do not offer the same level of luxury that Australian 'white man's guilt' seems to demand that we must provide for them.
24/08/2012 12:07:44 PM

Leave comment Subscribe