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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.
Child abuse is occurring within the Federal Government's immigration detention regime at the same time as the government sponsored Child Abuse Royal Commission is seeking to achieve justice for victims of past abuses in churches and institutions. After visiting Christmas Island, paediatrician Elizabeth Elliott said that 'when it comes to children in need, most Australians feel compassion' but compassion had 'gone missing'. What is behind our selective compassion?
The implications of the Good Samaritan story are clear on Christmas Island. The evil of child imprisonment is of the Government's own doing, and it must be shamed into remedying it. Is the Catholic Education Office in Western Australia right then to provide education to these children? Catholic agencies that alleviate the harm done to those imprisoned should also make clear their condemnation of the evil of that imprisonment.
On Monday we learned that two boats of Tamil asylum seekers had been intercepted off Christmas Island. Now there are unconfirmed reports that Australia is handing them over to the Sri Lankan navy without assessing their claims for protection. Amnesty warns Tamils face the risk of sexual violence, torture, murder, imprisonment, and enforced disappearance. Since March this year there have been scores of arrests and several deaths.
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.
Those who campaign for more humane treatment of asylum seekers cannot keep assuming that the elements of the debate that matter to them most are the most persuasive. The hardest thing to accept may be that the socioeconomic anxieties for which immigration serves as proxy, as well as the insecurity and resentment generated by state impotence and political opportunism, do not necessarily make for 'bad' people.
When policies affect people's lives, imaginative intelligence should come first into play. It is the inclination to see people, not simply as the objects of policy, but as persons each with their own face and life story. The Pope exemplified this when he visited Lampedusa, 'Italy's Christmas Island', to mourn the dead and console the living. And in so doing he stated the priority for others.
'I want to outline the contours for a better approach — better than forcibly turning around boats, better than transporting people to Nauru and Manus Island or to Malaysia to join an asylum queue of 100,000 or permitting people to reside in the Australian community but without work rights and with inadequate welfare provision.' Frank Brennan speaks at the Australian Catholic University National Asylum Summit 2013.
The toddlers are from Syria. The boys are Sri Lankan Tamils, nervous as they will soon be flown to a Tasmanian facility for unaccompanied minors — one asks me if it will be cold. Visiting a detention centre is a small act to say that the Australian Government's policy of detaining asylum seeker men, women and children is not in our name.
The fact that the boat was seen as stationary on Wednesday should have alerted Border Protection Command to the risk of likely engine failure. Had they reacted more quickly, the 55 or 60 drowned people may have been rescued. Instead, their boat drifted helplessly westwards, away from Christmas Island, and at some stage capsized and began to sink.
With every boat that sinks our grief's untold; the smugglers just don't care they're overfull; So join the queue, no need to bribe with gold; and get a proper visa in Kabul.
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