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This week we learnt that the human rights protection for asylum seekers in our former colony Papua New Guinea are more protected by the PNG constitution than they would be in Australia. The PNG government has quickly moved not to change the law and constitution, but to make arrangements to close the centre and ask Australia to take back the asylum seekers. Already PNG lawyers are talking about claims for compensation for the unlawful detention, and rightly so.
Julia Gillard said 'people like my own parents who have worked hard all their lives can't abide the idea that others might get an inside track to special privileges'. Managing similar perceptions in East Timor, where there is a tide of resentment against Australia among parts of the population, will be a challenge.
The Howard years made me feel ashamed to be Australian, and I felt about his electoral defeat the way East Germans felt about the Berlin Wall coming down: as a kind of cleansing. Rudd disappoints for a different reason.
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.
The power of the State can be exercised capriciously and unaccountably when the “Don’t ask; don’t tell” approach to government is immune from parliamentary, judicial or public scrutiny. It is the task of lawyers to make it more difficult for politicians to take this approach.
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.
The Howard Government must be given credit for increasing the size of our migration program, including the refugee and humanitarian component. But the deliberations of civil society should provide a fair go for all refugees, including those who arrive by boat without a visa.
Refugee lawyer David Manne sets new refugee legislation in its historical context, and exposes its radical and brutal character.
The organisational culture within Australia’s Department of Immigration appears to have little regard for human rights, but an ex-insider says it didn’t have to be that way
Under different leadership, in different times, changes in attitudes towards asylum seekers have been profound and swift
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