About the campaign

Mark 9 July 2007, 05:00PM

From persecution to punishment

The small number of asylum seekers who come to Australia without a valid visa are automatically locked in immigration detention centres. 'Unauthorised arrivals' face indefinite detention until they are either granted a visa or deported to another country. Thousands of people have been penalised for seeking asylum from persecution, a right they have under international law.

Nine out of ten people who arrived 'unauthorised' and sought asylum between 1999 and 2002 were found to be refugees who needed Australia's protection.

A few people won't be accepted as a refugee but no other country will take them. Under Australian law, 'stateless' people can be detained indefinitely.

Protection at a cost

People who arrive 'unauthorised' are left in limbo when they are recognised as refugees. Temporary Protection Visas (TPVs) allow them to stay for three years, when they must prove their refugee status all over again. They are given protection, but at the cost of insecurity, separation from family and the fear they may yet be sent back to countries such as Iraq and Afghanistan.

No solution at all

Australia has tried to prevent asylum seekers from arriving by boat, diverting many Iraqis and Afghanis to remote detention facilities on Nauru and Papua New Guinea. They have been detained for more than three years under the so-called 'Pacific Solution'.

Softening a harsh policy

In July 2005, the Australian Government amended its mandatory detention regime, including releasing children and their families from detention. While the changes were a good start, they did not tackle the core problem. Children and families can still be detained. No court can review a person's detention. And some people can now be released from detention, but this is entirely at the Minister's discretion.

Another way

The Government must bring Australia's refugee policies in line with international human rights standards. It must end mandatory detention, grant permanent protection to all TPV holders and shut down the 'Pacific Solution'.

Asylum seekers should only be detained when it is absolutely necessary and the courts must be allowed to review the cases of all people in detention. All other asylum seekers should live in the community while their asylum claim is determined.

'Stateless' people in detention should be released. Where people need Australia's protection from human rights abuses, but don't meet the strict definition of a 'refugee', they should be given complementary protection allowing them to stay in Australia.

About the Author

This blog entry was created by Mark and does not necessarily represent the position or opinion of Amnesty International Australia.

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158 Lao Hmong refugees, including 92 children, have been detained in inhumane conditions in Thailand for over two years. Call on the Thai authorities for their immediate release.

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