On 1 July the Federal Government instituted a raft of changes to immigration and migration law. Notable amongst these are changes to regulations governing ‘permission to work’ for asylum seekers applying for Protection visas. Under the previous system, only applicants who lodged their Protection Visa application within 45 days of arriving in Australia were eligible to work. The changes will relax these stipulations and permit more asylum seekers to work while their applications are processed.

The changes will apply to asylum seekers who apply for either a Protection visa or make a Ministerial request from 1 July 2009. Conditions apply depending on what type of Bridging Visa is held and anyone with questions should consult the Department website at http://www.immi.gov.au/refugee/permission/

It is expected that the regulations will be tabled in Parliament on the next sitting day, 11 August. Opposition spokesperson Dr Sharman Stone has previously indicated that the Opposition would move to block the changes, however it is unlikely Coalition will have the numbers in Parliament. Disallowing these changes would adversely impact on the positive steps taken by the Rudd Government to improve treatment for Asylum Seekers both on and off-shore Australia.

The new system is a welcome relief for many asylum seekers who struggle to subsist without work permits. Not allowing some asylum seekers to seek employment put incredible strain on their situation, especially if they were supporting a family. The 45 day rule, in some cases, rendered asylum seekers destitute. Permitting many more asylum seekers to seek employment not only addresses a basic human right, it also allows asylum seekers to become self-sufficient and to being to contribute to Australian society in a positive way.

Refugee advocates have welcomed the changes after years of lobbying the Howard Government to have the 45 day rule abolished. The Rudd Government must be congratulated on their willingness to take constructive steps to improve the treatment of asylum seekers under Australian jurisdiction.