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Since the drowning of around 800 people on 19 April, politicians in the UK, France, Italy and Denmark have been suggesting that the European Union adopt our hardline asylum policy. Prime Minister Tony Abbott has advised the EU that 'only way you can stop the deaths is in fact to stop the boats'. But last week, the EU denied it was in talks with Australia, saying 'the Australian model can never be a model for us'.
When the term 'Rule of Law' was coined in the 19th century, it included a reasonable conduct stipulation to ensure fairness. A bill currently working its way through Federal Parliament would give those working in detention centres a low threshold in the use of force against detainees. The criterion of reasonableness of the officer’s conduct would be replaced by what an officer believes is reasonable.
Prime Minister Abbott's National Security Statement quite rightly spoke of threats to Australia and the need to address them. Many of his utterances might seem uncontroversial: 'Those who live here must be as tolerant of others as we are of them'. But in fact they ignore the way people 'who come here' are treated according to 'how' they came here. The language used to describe them reflects an attitude that is far from tolerant.
As the freshly minted Social Services Minister, Scott Morrison has moved quickly to soften the tough stance he took in the Immigration portfolio. But it won't necessarily be easy. Patrick McClure has presented him with a massively controversial report on welfare reform which, if acted upon, would significantly reduce the incomes of a million marginalised Australians.
Former Immigration Minister's Scott Morrison's ruthless determination to prevent refugees arriving by boat from getting permanent residence has been successfully challenged. On Wednesday, the High Court ordered the current Immigration Minister to grant a permanent protection visa to a Pakistani Hazara 'S297'. Such an instruction is almost unheard of, as usually the Minister is asked to re-make the decision lawfully.
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.
I recently received a letter for Ali in which he was referred to only by his boat number and the term 'illegal maritime arrival (IMA)'. He was worn down by the long process of winning his case and being accepted as a refugee. His self-esteem was destroyed by a long period in immigration detention. His identity is now also gone.
Former Immigration Minister Senator Chris Evans once expressed concern about how much personal power was vested in his position when making decisions about particular cases. The current Minister, on the other hand, is trying to increase the number of such powers, and is much more likely to use the ministerial trump card to avoid judicial scrutiny. In a parliamentary system that relies on the checks and balances between the Parliament, Executive and Judiciary, one arm of government should not be able to overrule another.
Successive Australian Governments have created fictions that aim to exclude asylum seekers. The latest example is the case of Baby Ferouz, whose protection visa application was refused in the Federal Circuit Court last week. Normally, a child born in Australia is considered to have the same visa as their parents. But Ferouz’s parents had no visa, so lawyers in Brisbane arranged for her to apply for a protection visa.
Last week, Immigration Minister Scott Morrison proposed migration law changes that he said would speed up processing of the backlog of refugee claims, and allow asylum seekers to 'get on with their lives'. In fact they do nothing of the sort. The new temporary protection visa (TPV) denies family sponsorship, travel to visit family, and more.
Considering my indebtedness to the two Aborigines who met [my family's ship arriving in Hervey Bay from Ireland] 151 years ago, I owe it to all my fellow Australians to agitate these issues of law, morality and politics here in Ireland so that back in Australia, the homeland which, in my religious tradition, was known as the Great South Land of the Holy Spirit.
There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.
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