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This week, the Federal Government quickly introduced a new policy in response to a recent High Court decision that prevents them from indefinitely detaining a small number of individuals they wish to remove from Australia.
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.
Last month, the High Court overturned a controversial 2004 decision, reaffirming the principle that asylum seekers cannot be detained indefinitely without prospects of deportation. This ruling not only corrects a historical misstep but also reasserts the High Court's commitment to limiting executive overreach.
In a better world, people who seek protection in Australia and people removed from prison would not be detained in the same detention centres. But the grounds for differential treatment are not based on the difference between guilty and innocent people; between asylum seekers and 'hardened criminals'. Both groups are worthy of respect and compassion.
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.
A Global Slavery Index report found the number of people living in modern slavery in Australia had more than doubled in the past four years. As incidents rise, so too does the nation's response, evidenced by an increase in reported cases and government funding.
After years of intense debate, Australia has now offered permanent residence to people with Temporary Protection Visas (TPVs), which caused great suffering and were part of a deterrence policy. However, this decision is just an incremental step towards a more humane refugee program that respects secure borders and the humanity of people seeking protection.
A Valentine’s Day present from the Minister for Immigration for those on temporary protection visas is a much-anticipated relief for approximately 19,000 refugees in Australia. And while a solution is welcome for these refugees, there remains around a further 10,000 whose status and future is uncertain.
My name is Farhad Bandesh. For seven-and-a-half years I was not called by my name. The Australian Federal Government took it away and changed my identity to a number. I was COA 060. I am Kurdish and we are a persecuted people.
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.
Since the Federal Election one of the most refreshing features has been the new Prime Minister’s connection with people. Whether it is shown by riding a bamboo bicycle with the Indonesian President, expressing sympathy for the Nadesilingam family for their prolonged ordeal before returning to Biloela or agreeing with Jacinda Ardern, herself a model of public empathy, about the unreasonableness of expelling to New Zealand people who had never lived there, his actions displayed a readiness to listen and to enter the experience of other people.
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