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The Rudd Government's abolition of the Temporary Protection Visa on 9 August was a source of deep hope for refugees and their supporters. However the new rule has not yet been applied to many older cases, and there is no pressure on officials to act quickly.
Yesterday's announcement of the Government's policy shift away from indefinite detention of asylum seekers brings Australia closer to UNHCR recommendations. It remains to be seen if it will have the courage of its convictions if more boats do arrive.
Senator Chris Evans refused a protection visa to convicted people smuggler 'Mr A', even though he was assessed by Immigration as a refugee. Senator Evans had an opportunity to improve upon the previous government's treatment of asylum seekers, but instead reverted to the same hostile rhetoric.
ALP Immigration Policy includes both change and continuity. It gives more priority to teaching English over testing, but there's still too much reliance on ministerial discretion rather than the judicial system.
In Dr Haneef's case, it appears that no attempt was made to provide this 'natural justice' process as recommended by Commonwealth Ombudsman in February 2007.
Previously the Government has changed the Migration Act when Courts have held that the law was not to the liking of the Government. This week's judgment in favour of Dr Haneef — and the ourcome of the appeal — could be a very significant case in Australian jurisprudence.
Under Section 501 of the Migration Act, you can be told: 'you fail the character test, please respond, but we cannot tell you what are the accusations against you'. Dr Mohammed Haneef has experienced the worst case scenario.
Kerry Murphy is a partner with the specialist immigration law firm D'Ambra Murphy Lawyers. He is a student of Arabic, former Jesuit Refugee Service coordinator, teaches at ACU and was recognised by AFR best lawyers survey as one of Australia's top immigration lawyers.
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