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Issues in DepthTemporary Protection VisasUndeniable truths on how TPVs are a contravention of our international human rights obligations and have zero deterrence value to desperate people seeking safety. Read this campaign update Ongoing persecution in Sri LankaOngoing persecution, violence and?discrimination continue to force thousands of?Tamil refugees to flee from Sri Lanka.? We have compiled a few?reports detailing the current situation. Read this campaign update Complementary protection - why Australia needs a formal systemThe Refugee Convention isn?t the only international convention under which Australia has obligations to provide protection.? We also have obligations under the Convention Against Torture, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.? These obligations are called complementary protection obligations.? This means that Australia has a responsibility not to return people to specific types of danger including?torture, civil war, generalised violence and statelessness. Under current Australian law, these complementary protection obligations are only met by Ministerial Discretion, a non-reviewable and non-compellable power for the Minister to grant visas.??Australia is the only developed country that does not have a?formal mechanism of complementary protection.? Read on to find out why reform is urgently needed. Read this campaign update The abolition of detention debtsThe Bill to abolish detention debts was passed in the House of Representatives on 25 June 2009.? On 8 September 2009, the final hurdle was overcome when the Bill was passed in the Senate. Read this campaign update Work rights and abolishing the 45-day ruleRead this campaign update Immigration Detention ReformAJA's campaign to reform Australia's immigration detention has been fought from the time that AJA was created.? We have argued for fairer policies on criteria for detention, review of a person's detention, detention conditions and the rights of children in detention. In 2008, we warmly welcomed the Minister's 'New Values in Detention' (click here for more details).? In 2009, we are campaigning to support the passage of a Bill that will enshrine most of these 'Detention Values' into legislation. Read this campaign update Access to legal advice - giving people a 'fair go'There are a number of significant problems with the current system of legal advice for on-shore asylum seekers, starting with the moral problem inherent in allowing commercially operating migration agents to make a profit from the protection needs of refugees.Read this campaign update OPCAT - Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentOn 22 May 2009, Australia signed the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).??This takes Australia one step closer to ratifying the OPCAT, a move which AJA warmly welcomes.?As a Party to the OPCAT,?Australia?would be agreeing to allow greater oversight and transparency of its places of detention, including immigration detention.? Read this paper for more information about the OPCAT and its implications for asylum seekers and refugees in Australia.Read this campaign update The five D's of asylum policy: DeterrenceThe actions taken to prevent people from applying for asylum onshore in Australia. This includes the navy blocking boats, excision and remote island detention and processing. Current?policy allows for the Australian Navy to intercept boats suspected of carrying asylum seekers and force them out of our waters, endangering lives and avoiding our international protection responsibilities.? In addition, current excision laws mean that asylum seekers who land in an excised zone are not given the same?legal rights as other asylum seekers and are sent to off-shore detention centres, where they are denied adequate humanitarian and legal support, with limited oversight and at a greatly increased cost. Read this campaign update The five D's of asylum policy: DetentionThe conditions (legal and welfare) in which we detain people whose applications are being processed The mandatory detention of asylum seekers who have committed no crime and pose no threat to the Australian community is unnecessarily harsh, breaks international law and is much more costly than more humane alternatives.??Many asylum seekers in thecommunity are denied workrights, medicare or income support. This can mean that?children, elderly persons and single parents may be living in conditions of abject poverty. Read this campaign update The five D's of asylum policy: DeportationDo we deport people to unsafe areas or under inhumane conditions? Australia in the past has sent back to danger refugees who failed our system and were later found to be refugees by other countries.? Australia has also sent failed asylum seekers back to situations of generalised danger such as war and civil unrest in Afghanistan and Iraq. In many cases the methods of removals are themselves inhumane, such as the use of involuntary sedation, physical restraints, removing people without notice to family or lawyers, or sending people to third countries with only a limited stay visa, from where they faced deportation if caught.? We need better case management of asylum seekers by trained staff and a?better system of pre-removal risk assessments. Read this campaign update The five D's of asylum policy: Durable SolutionsSolutions that can reduce the need for forced migration. The Australian Government needs to work co-operatively with neighbouring countries, urging them to sign and abide by the Refugee Convention and work with UNHCR to protect asylum seekers while conflicts in home countries are resolved.? To credibly advocate such human rights standards by our neighbours requires that Australia must fully abide by our own international human rights obligations. Such approaches could minimise dangerous sea journeys on poor quality boats by asylum seekers seeking effective protection. Read this campaign update The five D's of asylum policy: DeterminationThe refugee determination process -?who?is?granted?protection Although the conditions of detention are very important, the visa determination system is the most important aspect to get right. If it fails, a person can be sent home to face danger, death or torture.? The current system of refugee status determination requires a major overhaul, from first stage assessments to merits review through to judicial review.? The Commonwealth Ombudsman described ?serious and fundamental administrative weaknesses? in the system. Many?asylum seekers?lack good legal and migration advice, don't understand the system and in many cases have fewer legal rights than in any other areas of government decision-making. Another major weakness is the absence of a system to engage Australia?s complementary protection obligations. Read this campaign update |
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A Just Australia Inc |
