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Suppose that in France under Hitler's occupation, a bloodied man arrived at our doorstep asking for shelter from a Nazi mob. The claim made by the presence of the endangered and injured man would precede questions of fairness and relative need.
In this debate, moral passion is common, especially among those who cast themselves as refugee advocates. But moral passion should not be confused with moral superiority. Any claim to occupy the moral high ground in this complex area of public policy is at best brave and at worst self-serving.
The Malaysian solution is unprincipled, but it might just work — stopping the boats. If other countries try to replicate it, we will have to tear up the Refugee Convention and start again. And the plight of unaccompanied minors transported from our shores to Malaysia will be on our conscience.
An old legal maxim is 'hard cases make bad law'. Maybe complex cases compromise policy. Refugee law and policy is complex and the Malaysian agreement signed this week is another example of a compromise on human rights principles for political expedience.
This is not a regional solution to a regional problem, but a bilateral attempt at solving an Australian problem. To stop the boats, one needs to engage in measures contrary to the Refugee Convention. Church groups can not endorse something they know to be either unworkable or immoral.
When I appeared on Q&A with Christopher Hitchens, a young man asked whether we can 'ever hope to live in a truly secular society' while the religious continue to 'affect political discourse and decision making' on euthanasia, same-sex unions and abortion. Hitchens was simpaticao. I was dumbstruck.
Even if the Malaysian government guaranteed the security, sustenance and education of the asylum seekers, the human dignity of those found to be refugees would still be significantly infringed. They would be unable to enter Malaysian society equally, and they have no possibility of prompt acceptance into another society.
The Rudd Government promised positive reforms after a decade of 'boat people'-bashing from the previous government. Three years later, we are back where we were. To understand how this happened it is helpful to overview the changes under Labor and the gradual decline in 'key immigration values'.
Woomera, 2001. It's late, and we've been working for days. I give the detainees' children highlighters to draw with; unknown to me, one of them draws on the office wall. The next day an officer from the camp accosts me. 'This is damaging government property. Someone will have to pay for it.'
Anne Frank described a refugee as a parcel that is sent from post office to post office. The 'Malaysian solution' is like solving the problem of overloaded post offices by sending incoming parcels straight to the shredder.
The Department of Immigration and Citizenship say they can't tell me anything. The Inspector General of Intelligence and Security tells me to contact DIAC. As an immigration lawyer I find this frustrating. How much worse must it be for asylum seekers kept in detention with no end in sight?
A 46-year-old UK citizen who has lived in Australia for 40 years was removed to Britain this week due to a history of violence and other offences. It is problematic that someone who has already 'done the time' for their crimes can be punished a second time by migration law.
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