Senator Chris Evans outlines changes in refugee policy
steve p 10 March 2008, 10:02AM
In comments pleasing to Amnesty International, Senator Evans stated that the Rudd Government remains committed to ending Temporary Protection Visas (TPVs), although he was forced to admit that that some new TPVs may be issued while the new system is put in place, and that those currently on TPVs are still being treated in line with policies put in place by the previous government.
When questioned about the possibility of establishing a system of complementary protection that would provide a separate visa category for those who require protection but do not fit the criteria for refugee status, Senator Evans stated that he is addressing this possibility, and is “favourably disposed” to looking at how such an agenda might be advanced.
Concerning future processing of asylum applicants on Christmas Island, the Senator refused to rule out the possibility of third country resettlement of applicants to whom it is determined Australia has a protection obligation. DIAC Secretary Andrew Metcalf did, however, make it clear that “resettlement of people in other places is extremely unlikely”.
The Minister stated that the islands excised from the migration zone under the Howard government’s so called ‘Pacific Solution’ would remain excised, meaning that people who arrive on those islands without a visa will continue to be prohibited from making certain applications under the Migration Act, particularly for a protection visa, unless the Minister exercises a non-compellable, non-delegable power to allow that application to occur.
Senator Evans also confirmed that the Government is considering plans to abolish the present “45-day rule” for bridging visas, which denies work rights and access to Medicare to those seeking asylum if they fail to lodge their asylum applications within 45 days of arriving in Australia. Amnesty International welcomes this consideration.
Regarding the current state of Villawood Immigration Detention Centre (VIDC), the Minister stated categorically that Stage One of this facility is “totally unacceptable”, and that “the idea of the redevelopment of the site is probably the most plausible one”; he also expressed a desire for “more transparency and openness” about the workings of the detention centres, and that he is “keen for people to understand how it (VIDC) operates”.
However, Senator Evans was adamant that the Government has no plans to abolish the policy of mandatory detention of asylum seekers who arrive in Australia without proper documentation – this policy continues the previous Government’s violation of international law, which states that detention is only permissible “where necessary to verify the detainee’s identity, to determine the elements on which the claim to refugee status or asylum is based, to deal with people who have destroyed their documents to mislead the authorities, or to protect national security or public order” (HREOC, 1998).
To read the full transcript of the Hansard from the hearing, click here
To read some Human Rights and Equal Opportunity Commission (HREOC) reports on detention of asylum seekers, click here
What do you think about the Government’s proposed changes? Please leave your comments below.
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This blog entry was created by steve p and does not necessarily represent the position or opinion of Amnesty International Australia.
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Comments
Comments are submitted by members of the public and do not necessarily reflect the opinions or positions of Amnesty International Australia. If you find a comment objectionable please contact the web editor.
Eileen MacManus
22 March 2008, 08:53AM
Although the Rudd government has made some improvements to their treatment of refugees, mandatory detention, off-shore processing, and Christmas Island need to go!
Katie
20 March 2008, 03:32PM
no 1: somebody said something about it being a “mandatory detention only if they don’t have the proper papers” so i think they should stick to that and no 2: it’s absolutely fantastic that someone is willing to say that something needs to be done AND IS ACTUALLY DOING SOMETHING!!!!!!!!
for the people in power they’re more concerned with staying in power but this guy seems to genuinely care and i think it’s great that someone’s willing to think about where our policies should be going in the future…
Chris Stanton
20 March 2008, 10:06AM
The current government’s policy changes are like the curate’s egg - good only in parts. We should of course be grateful for the abandonment of the Pacific Solution, but continue to decry mandatory detention. We should thank the Minister for his enlightened views on Villawood’s conditions, but urge him to move faster in fixing the problems before more detainees succumb to the inevitable “black dog” syndrome.
We should praise him for seeing S417 and s48A Ministerial discretion as unworkable, but should push for an amnesty on all applications made, say, over 2 years ago and not yet decided.
We should encourage him to abandon the dreaded 45-day rule, but advocate for merit-based consideration of all asylum-seekers that will allow all but the most spurious to support themselves and our economy by working and paying taxes.
Much to do - or undo - and human suffering continues while the bureaucrats fiddle…
Ron Woods
20 March 2008, 09:53AM
It’s pleasing to see that the Rudd government intends to make changes to the refugee policy. Any change that results in a fairer and more humane system is welcome. I’m not totally opposed to mandatory detention of those who arrive without documentation, but such detention should be only long enough to confirm identity and address any quarantine or similar concerns. Abolition of the Temporary Protection Visa is also welcome - refugees need to have certainty about their status, otherwise they cannot confidently plan their future.
Sophie
15 March 2008, 09:59AM
Finally, a move to undo the Howard Government’s morally and legally unacceptable “Pacific Solution”. Further work is needed in rectifying the awful treatment of asylum seekers within the actual detention centres, and in particular ensuring that refugees are made aware of their right to lodge an application for asylum upon arrival in Australia and of their right to access legal help.
fardin
14 March 2008, 03:45PM
A step in the right direction, and in a path toward the Austrlia’s image building internationally as a responsible member of the world community.
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