The asylum seeker debate in Australia is dominated by simplistic slogans and rhetoric. Within this context it is illuminating to compare the cases of two unsuccessful asylum seekers, which illustrate the complexities of the issue, and how three-word slogans do not reflect the realities of refugee movements around the world.
One is the recruit to the Australia A cricket team, Pakistani born Fawad Ahmed. The other is, in Tony Abbott's words, the 'convicted Jihadist terrorist', Egyptian born Sayed Ahmed Abullatif.
On paper, Ahmed's case has prima facie merits, as there are reports of attacks by militant groups on those they believe are not proper Muslims. In his case, his sporting endeavours put him at risk.
It seems a review lodged to the Refugee Review Tribunal (RRT) was unsuccessful, leaving Ahmed with only one immigration option: a request to the Minister to exercise his ministerial discretion in his favour. Luckily for the 'failed asylum seeker' Ahmed, the Minister did intervene, granting him a permanent visa; not, it seems, due to his fear of human rights breaches in Pakistan, but due to Australia's desperate need for a good leg-spinner.
Even better luck for Ahmed was the recent change to the Citizenship Act that made it possible for him to become an Australian citizen without meeting the normal four-year lawful residency requirement including at least one year as a permanent resident. The urgency for him is the Ashes Tour to England, about to start very soon.
On the other hand we had the recent spat about the level of detention security for Abdullatif. This followed reports that Abdullatif was on an Interpol Red Notice. Senator Nash stated that Abdullatif was wanted in Egypt for terrorist offences and membership of Egyptian Jihad, an organisation alleged to be linked to Al Qaida.
It seems that the Department of Immigration and Citizenship was only later advised about these possible character issues, and then moved Abdullatif from low security in Inverbrackie to higher security in Villawood. Some concern was raised about the 'pool fence' security at Inverbrackie for an alleged 'Jihadist Terrorist'.
So far, it is not clear whether Abdulllatif's application has been decided or not. Either way, accusations of serious character issues are dealt with in the protection visa process. In Australia there are three separate ways of dealing with protection visa cases raising security or character concerns.
Firstly, the Refugee Convention has a mechanism under article 1F for excluding protection for those who have committed serious non-political crimes. Also, the Migration Act has a character test in section 501 which can be used to refuse a case of character concern. Finally, there is a requirement of meeting ASIO checks.
We have a process for assessing refugee claims, and there are several checks in it to flag cases of security concern, as has occurred with a number of Sri Lankan cases with adverse security findings. At least one security assessment was overturned by the new security review process. This is significant because a process of review makes the decision makers more careful, and less likely to rush a decision.
Now it seems there are serious questions about the 'conviction' in Egypt: it was in absentia, by a former regime which had serious problems with a fair judicial system. It is likely that such a conviction in absentia may be highly relevant to a refugee claim. Oppressive regimes are known for using the legal system to effect their persecution.
As more facts emerge, more complexity is seen. This is not a surprise for those working with asylum seekers. Refugee cases can be straightforward, but they are generally complex and cannot be lightly dismissed.
Attempts to short circuit a complex process leads to the risk of serious mistakes. Currently there is a fast screening process to check if those arriving by boat can be quickly assessed without the benefit of legal advice. Yet sometimes it can take extensive questioning to clearly identify whether a case fits the refugee criteria.
Making quick decisions only raises the likelihood of someone being sent back who has a well-founded fear of persecution. In refugee cases, sending someone back to persecution is the most serious mistake that can be made.
I hope Ahmed takes bags of wickets in the Ashes. He will be the second Pakistani born cricketer in the Australian side, and good luck to him. Other asylum seekers whose cases are unsuccessful are not so lucky. Abdullatif has possibly a more difficult road ahead.
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 ANU and was recognised by AFR best lawyers survey as one of Australia's top immigration lawyers.
This week is Refugee Week.