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The Abbott Government had a thumping big win in the High Court on Tuesday. All seven High Court judges have made it clear that there is next to nothing that can be done in the courts to question the government's approach. It is lawful, acceptable to government, and hardly a matter of concern to the Australian community, that 157 asylum seekers, including children, can be kept in windowless detention on an Australian vessel for a month on the high seas in the Indian Ocean.
Complaints about hypocrisy are rarely edifying. But it’s not so easy to dismiss the charge of a Jakarta Post opinion writer that Canberra is trying to save Myuran Sukumaran and Andrew Chan from the firing squad ‘while slowly disposing of “abject bodies” it does not want through inhumane detention camps or returning them to foreign regimes that will probably finish the job for them’.
Considering my indebtedness to the two Aborigines who met [my family's ship arriving in Hervey Bay from Ireland] 151 years ago, I owe it to all my fellow Australians to agitate these issues of law, morality and politics here in Ireland so that back in Australia, the homeland which, in my religious tradition, was known as the Great South Land of the Holy Spirit.
From the perspective of Australian policy, both Hamid Kehazaei's death and the loss of the Red Cross contract to support asylum seekers give value for money. When we are dealing with people, however, values other than economic efficiency may come to mind.
While the Federal Government continues to cast around for other Pacific nations and Cambodia to take in refugees held on Manus Island and Nauru, it has one ready solution right on its own doorstep. It is a place that has been calling out for help to counter its falling population and its prolonged economic crisis. It is an Australian territory and one that is already receiving Australia's financial support.
While Immigration Minister Scott Morrison sits with Sri Lankan President Mahinda Rajapaksa and hands over customs vessels to the Sri Lankan Government for use in preventing people escaping Sri Lanka, Australia's High Court is deciding whether a group of 158 Sri Lankan asylum seekers can be returned to the Sri Lankan Government. How did we get to the stage where we are supplying the alleged persecutors with the means of stopping people from escaping and seeking our protection?
Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.
View this week's offering from Eureka Street's award winning political cartoonist.
In the lead up to Refugee Week the attitudes of Australians to people who come by boat to seek protection made sober reading. 71 per cent of Australians believed Australia should turn back asylum seeker boats. That is far higher even than the Prime Minister's disapproval rating. Some might say that 71 per cent of Australians can't be wrong. At Eureka Street we have never been persuaded that majorities always have truth on their side.
As I take in the submissions presented to the Senate inquiry into the Manus Island riots, I am reminded of Gabriel Garcia Marquez' Chronicle of a Death Foretold. In it, nearly the entire town knew of Santiago Nasar's impending death; his assassins had made a point of divulging their intent to everyone they met over the course of the day. The prevailing impression from the Senate inquiry is one of similar inevitability and complicity.
Australia's cruel arrangement for asylum seekers arriving without a visa cannot be scrutinised by our courts and has never been approved by our Parliament. In the name of democracy, in the name of Australian self-respect, and in the name of human rights protection and the rule of law, it is time this arrangement was presented to our Parliament for its approval by our elected representatives or for immediate ditching. It's a disgrace.
It had been a long journey for the family gathered in the Cambodian office of Jesuit Refugee Service, but their search for a safe environment amidst people who would treat them kindly was not yet over. Genuine refugees set their compass for Australia expecting to find the democratic, resourceful and accountable country of which they have heard. The Coalition's reprehensible 'Cambodia solution' shows just how wrong they are.