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There is no doubt that laws for determining refugee status and onshore protection are complex. The cases of NZYQ and ASF17 demonstrate that when laws regarding asylum and protection intersect with laws regarding character and protection of the community, the results can be extremely messy.
Throughout recent decades of Australian history, the stance every government has taken on asylum seekers has reflected the shifting political landscapes and challenging humanitarian issues that have continually shaped Australia's response to those seeking refuge.
On 8 November, the High Court ordered a stateless Rohingya refugee known only as NZYQ to be released from detention. He could not be granted a visa because he was found gulity of sexually assaulting a minor, and he could not be sent anywhere because he is stateless. Until 8 November, he was stuck in indefinite mandatory detention.
How has Australia's asylum seeker policy changed over the past thirty years? The approach of every government has reflected the shifting political landscapes and challenging humanitarian issues that have continually shaped Australia's response to those seeking refuge.
In recent years, Australian policies in relation to asylum seekers and refugees have been unnecessarily mean, cruel and disorganised. The election of the Albanese government provides the opportunity for a reset, putting behind us the past mistakes of both Coalition and Labor Governments in the last 20 years.
Who’d have thought that during Refugee Week, Australia’s highest court would endorse the Parliament’s view that our non-refoulement obligations under the Refugee Convention and the Convention Against Torture were now an irrelevance.
New Zealand's judicial channels found against the Kiribati national, claiming he did not satisfy the definition of refugee within international law. He was deported. This month, the UNHRC did not find the deportation unlawful, a move that former Fleet Street editor Damian Wilson said had 'piled on the misery in the climate change mess'.
Outside, a Martian-red haze kisses the windows. An ode to the future perhaps. Most of the people present are already aware of the Medevac repeal decision. The room is heavy with silence, the mood is sombre, but far from resigned. We want change, and are willing to have a crack at demanding it.
A Faili Kurd, who fled Iran by boat aged 16 with his mother, Shalikhan has been detained since arriving on Christmas Island in August 2013. Suffering from a developmental disorder and mental health issues exacerbated by his father's death in Iran, he has in the past attempted suicide and displayed volatile behaviour.
Australia has too many security and diplomatic interests in Iran to squander lightly. The fact its officials are willing to jettison these without getting anything in return vindicates the suggestion that the rather nebulous fact of relationship with the US features much more heavily in Australia's security calculus than its own interests.
'Being in the middle of an election campaign, I will not be making any partisan party political points. However being here in the bellwether seat of Eden-Monaro, I will conclude with a critique of both major political parties, and with one piece of political advice for citizens of goodwill seeking a national asylum policy more in harmony with the ideals set out by our bishops in their social justice statement.' Yass Catholic Parish Potluck Dinner, 28 May 2016
If Phillip Ruddock's appointment as Australia's first special envoy to the United Nations on Human Rights is about demonstrating the worthlessness of current international human rights protection structures (and the consequent hollowness of their criticisms of Australia), it is a rather short sighted one. Appointing a person with a weak record of upholding human rights in the area where Australia itself is weakest sends the unmistakable signal that Australia is no longer committed to the human rights project.
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