Australia’s policy on asylum seekers and refugees needs fixing, urgently. Over time, the Migration Act has been amended many times for short-term political gain --- and a long-term loss to Australia’s reputation for fairness. The Act is now riddled with contradictions, legal ambiguities and denials of basic rights that were enacted to appease foreign countries or for domestic politics rather than for good policy purposes.

The previous Government started to reform some policy areas: creating a pilot program to remove vulnerable people from detention and changes to the visa determination system. While these are positive improvements, they do not go far enough and have also been matched with other changes that remove legal rights and welfare provisions. 

Australian laws should reflect Australian values. We need a Migration Act that meets the international obligations Australia voluntarily agreed to uphold and puts these values back into action by including A Just Australia’s 10-point plan to fix the 5D’s of asylum seeker policy:

Deterrence

1. No repelling (turning back) of boats or other removal without proper review of protection needs. Australian personnel engaged in border patrols will be trained to ensure Australia's international and humanitarian obligations to asylum seekers are met in full.

2. No excisions of territory Excision laws will be repealed.  Asylum seekers shall be treated equally under the law, regardless of where they arrive in Australia, or where their claim is processed.

3. No offshore or third country detention or processing Asylum seekers shall not be diverted from Australia to third countries such as Nauru or Papua New Guinea, and shall be brought to mainland Australia.

Detention

4. Detention as a last resort.  Upon arrival, health checks and a security assessment will be conducted. Children, families and other vulnerable people will be given priority to move quickly through this stage. Where there is no risk to the Australian public, asylum seekers will not be detained. Any period of detention longer than 90 days shall be reviewed by a judge or magistrate, to investigate if there is any further need to detain.

5. Humane detention and reception centres. All detention and reception facilities will be run with an emphasis on human wellbeing and welfare agencies shall take a lead role in monitoring and advising on conditions. Oversight by the Ombudsman and Human Rights Commissioner shall be facilitated.

6.  Community-based asylum seekers allowed to live in dignity.  Asylum seekers in the community shall be able to work and provide for their own financial support as well as have access to others services.

Determination

7. Permanent protection for all who need it.  Once refugee status is granted the protection associated with it should be permanent not temporary. Additionally, many of those who do not meet refugee criteria have humanitarian claims, or protection needs under other UN Conventions. A system of credibly assessing these needs shall be established.

8. Fair and reasonable protection application process. The process to assess protection needs shall ensure those with protection needs are not at risk of being returned to danger. All asylum seekers shall be granted complete information on the process and their legal rights. Refugee cases shall have the same rights to tribunal and court review that apply to other government decisions in Australia.

Deportation

9. No person shall be deported to danger and shall be assisted to return in dignity. We recognize that in order to maintain the integrity of an asylum-seeking program, a government is sometimes required to deport people who have no protection or humanitarian claim on Australia. However, no person shall be deported where it is unsafe or unreasonable to do so. A system of return risk assessments shall be required prior to removal from Australia. Deportees shall at all times be treated with humanity and respect, and assisted with resettlement needs

Durable Solutions

10. Durable solutions with an international focus Australia’s approach also needs to be broadened to make it sustainable: greater support for the United Nations, policies to address international violence, aid to asylum transit countries and increased resettlement numbers.

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