Government must release report on asylum seekers

3 June 2005

A Just Australia today called for the release of the Penfold Inquiry Report of alleged misuse of the judicial system by asylum seekers.

National Co-ordinator, Kate Gauthier, said the Howard Government has steadfastly refused to release the report that investigated factors affecting the numbers of asylum seeker cases in the judicial system.

"At the same time as the Government members are claiming that the changes proposed in Petro Georgiou's Private Member's Bill will result in more visa overstayers and increased use of appeals through the courts, the Government refuses to release a report that gives the true picture and challenges those claims," Ms Gauthier said.

Ms Gauthier said the Government had even refused to release the report to the Senate Legal and Constitutional Committee which is scrutinising the latest bills introduced by the government which seek to streamline applications to the courts by asylum seekers.

"The Penfold report obviously has little evidence to prove Government arguments of vast numbers of asylum seekers clogging up our courts with spurious visa appeals, or they would have released it," she said.

"Figures gleaned from a combination of Departmental sources and specialist refugee lawyers show that around 10 per cent of applications made to the courts eventually succeed, either by a judgment of the court or the Minister consenting to the case being heard again by the Refugee Review Tribunal.

"A fair proportion of these successful applications or appeals lead to a grant of 'refugee status. These are life and death issues. For example, an incorrect protection refusal and deportation can lead to eventual execution in the country of origin.

"This has happened. And while the Government suggests that 10 per cent is a small number of wins, do we as Australians accept a possible 10 per cent error rate in a potential death sentence?"

"This report should be released immediately so that the evidence can speak for itself," she said.

Ms Gauthier said A Just Australia welcomed the proposals in the private members bill and urged all members of parliament to ensure the legislation is debated and passed.

"We can protect our borders and our values at the same time," she said.