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In the five years I worked in refugee law, some of the most complicated challenges I encountered were questions regarding the 'truthfulness' or 'credibility' of an asylum seeker's claims. These subjective findings of credibility can make the difference between a person being granted asylum or being turned away.
Last week I was rung to say my dog was missing. I finished at work as soon as I could, ringing the local council and neighbourhood vet on the way home. Neither had seen anything of him but suggested we post on social media. As my husband and I drove and walked the streets, the messages came in. People were concerned. He was missing from an enclosed yard. Some offered to look, others from further away, shared hope and the Facebook post. The post went everywhere, the last I saw was in Western Australia.
This week's offering from Eureka Street's award winning political cartoonist.
Australia's policy is unique and unrepeatable by other nations because it requires that you be an island nation continent without asylum seekers in direct flight from the countries next door and that you have access to a couple of other neighbouring island nations which are so indigent that they will receive cash payments in exchange for warehousing asylum seekers and proven refugees, perhaps indefinitely. The policy over which Turnbull presides is not world best practice. It's a disgrace.
'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
Some refugee advocates will almost deify the refugee, and take away their humanity by making it seem that the refugee is always right. In reality refugees make bad decisions, tell lies and exaggerate, just like the rest of us. But that does not mean they're contemptible. Recognising their humanity makes it easier to feel empathy with them, and less likely we will fear them.
International law regards torture as a matter of ius cogens, something which can never be justified. If one were serious about finding out about genuine refugee claims, enquiring about any torture at the hands of the people an asylum seeker is fleeing would surely be near the top of the list of cogent questions. But Australia has ceased to ask asylum seekers about any history of torture.
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.
Returnees to the Congo have been harassed, imprisoned and tortured by state authorities. Some have disappeared altogether. Forced returnees to Sri Lanka are routinely detained and quite often suffer torture. Hazaras returned to Afghanistan are persecuted due to their ethnicity and their adherence to the Shi'a sect. Australia continues to forcibly return asylum seekers, placing them in tremendous danger, ignoring a 2000 Senate Committee recommendation.
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.
The current dispute with Indonesia over border incursions by the Australian Navy is symptomatic of a deeper problem — the militarisation of political discourse. Von Clausewitz famously claimed that 'war is politics by other means': in other words, that military force is employed in service of political ends. In Australia, as elsewhere in the West, this is being taken to an extreme not previously seen outside authoritarian societies.
In 2001 Prime Minister Howard tried to distance Australia from the SIEVX tragedy, in which 353 asylum seekers drowned, by repeatedly referring to the sinking as having occurred in 'Indonesian waters'. If there was any doubt then that SIEVX was an Australian tragedy, in 2013 there is none. There are now young kids growing up in Australia, who were born here and speak with Australian accents, who had brothers and sisters who drowned on SIEVX.
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