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This week as we mark the 10th anniversary of Tampa, the High Court is hearing a legal challenge to the Malaysian solution and an inquiry into suicide and self-harm in detention is underway. Meanwhile a new report hopes to change the direction of the debate on refugees.
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.
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.
The international community tends to back 'democratic' revolutions, rather than national unity, in countries of the Middle East. This is good for majority populations, but Christians and other minorities can be the losers. If they're forced to flee, they become part of the 'refugee problem'.
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'.
Voters who'd otherwise position themselves between the conservative Liberals and radical Greens are stranded. They are looking for leaders who would rather lose big on matters of principle than win by a margin on compromised policy. History has shown Labor to be the natural home for such leaders.
Just as it should be the role of lawyers and refugee advocates to analyse the disadvantages and possible unlawful elements of this announcement, we must also consider the opportunities. The Malaysian agreement may also deliver good news for some asylum seekers and the refugee sector.
Last November, a refugee boat was lost at sea en route to Christmas Island. It's presumed the 97 on board perished. Evidence suggests Australia's Border Protection Command selectively chooses to make little or no effort to find and help SIEV boats in possible distress.
A litmus test for the health of a democracy is what a Government does when it loses cases in the highest court in the land. The first consequence of yesterday's High Court decision regarding the cases of two Tamil asylum seekers is that many cases will need to be reconsidered.
The recent tragic death of a man in Villawood Detention Centre has again raised questions about the need for Australia's harmful detention policy. Strong leadership is required to reform the process and abandon the 'race to the bottom' we saw during the election.
Every day, Australians face north and scan the horizon. Has another boat arrived? But if our politicians and journalists want to see asylum seekers living in poor conditions, they need to look closer to home.
121-132 out of 150 results.