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Last week there were three significant events affecting refugees including, tragically, more deaths. The use of language in the debate about asylum seekers is always striking, and has evolved and adapted over the years. It does not always reflect reality.
It is only because we are an island nation continent that we can entertain the absurd notion of sealing our borders from refugee flows. We must remain committed to resettling bona fide refugees who reach our shores regardless of any regional solutions we put in place to deter them.
In supporting her opposition to gay marriage, the best Janet Albrechtsen could say was that the opinion was her own, and was 'fundamental'. These remarks shed light on Albrechtsen's bizarre attack on the judges of the High Court over their decision on the Malaysia solution.
No matter how the Government paints the canvas, it can never be in the best interests of an unaccompanied minor who is a refugee to be removed from Australia to Malaysia. And if such kids are irremovable, they will continue to arrive in Australia by boat.
Employed at the centre as a psychologist, I witnessed riots, hunger strikes, attempted suicides and severe depression. I realised I had a profound ethical dilemma: in being compliant to the administration, I was unable to ensure my duty of care towards these people. So I became a mole.
Julia Gillard asked her advisers to design a system not for offshore processing but for offshore dumping. If John Howard had tried this in 2001, Labor would have gone ballistic. The advice of Gillard's intermittently trusted advisers is no longer worth the paper it is written on.
Though Gillard's leadership has started to come under pressure, no one in Labor will want to overthrow her until the carbon pricing laws package is securely in place. This means no challenge before the first half of 2012. Only then, if opinion polls keep trending down, may Gillard be vulnerable.
Yesterday the Government announced it will change the Migration Act to enable the Malaysia solution to go ahead. This latest action reinforces rhetoric about queues and people smugglers that obscures the real effects and motivations of current asylum seeker policy.
From now on, the High Court will apply a very fine tooth comb to any legislation allowing ministers to ship asylum seekers offshore. Unless there were to be a bipartisan agreement in the Parliament or a government deal with the Greens, asylum seekers arriving by boat now need to be processed fairly, promptly, on our terms and on our turf.
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.
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.
The Malaysia solution has hit a snag called the High Court of Australia. The Government is now in very stormy waters, because the rule of law and the separation of powers do not readily yield to the sound bites of populist sentiment and the fear tactics of politicians.
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