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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.
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 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'.
The participants on SBS's Go Back Where You Came From seem like rejects from a bad reality TV show and are stereotypical in their views. Some reflect on the difference between 'good' and 'bad' refugees: this false dichotomy is a sticking point for many refugee advocates too.
Tuc was an officer in the South Vietnamese army. After the war ended in 1975 he was interned by the North Vietnamese for many years, locked up in a hole in the ground. I asked him how he survived. He smiled and pointed to his picture of the Madonna.
Woomera, 2001. It's late, and we've been working for days. I give the detainees' children highlighters to draw with; unknown to me, one of them draws on the office wall. The next day an officer from the camp accosts me. 'This is damaging government property. Someone will have to pay for it.'
The Department of Immigration and Citizenship say they can't tell me anything. The Inspector General of Intelligence and Security tells me to contact DIAC. As an immigration lawyer I find this frustrating. How much worse must it be for asylum seekers kept in detention with no end in sight?
A 46-year-old UK citizen who has lived in Australia for 40 years was removed to Britain this week due to a history of violence and other offences. It is problematic that someone who has already 'done the time' for their crimes can be punished a second time by migration law.
The reintroduction of the Complementary Protection Bill to Parliament this week ought be welcomed. Given the protests in Christmas Island, it is clear that the mandatory detention policy is also overdue for reform.
Renowned immigration lawyer Kerry Murphy explains how changes in government refugee policy are strongly coloured by community fears about migrants and refugees.
Atticus works within the system and hopes thereby to reform it. He wonders 'why reasonable people go stark raving mad when anything involving a Negro come up'. Many lawyers will understand the challenge of working for the unpopular 'other': just replace 'Negro' with asylum seeker or 'Muslim woman in burqa'.
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