AJA Refugee News August 2009

The Opposition has given notice that it will try to annul the government?s recent reforms to better living standards for asylum seekers in the community, including the abolition of the 45-day rule.? Read on to see how you can help make sure that these reforms aren?t reversed!

In late June this year, the government announced that it would amend our Migration Regulations to abolish the 45-day rule and to introduce a better system of community support for asylum seekers while their application is being processed.? The new system means that the basis for granting work rights to an asylum seeker is much fairer than under the ?45-day rule? regime, where work rights were only granted if a person had met an arbitrary time limit.? It also means that asylum seekers will have greater and more equitable access to health services and welfare support.? The reforms were received with much relief by human rights and asylum seeker groups, as the former system had severe and unfair consequences for many asylum seekers, forcing them to live in destitution and ill-health for extended periods.

The recent regulation changes were tabled in the Senate on 18th August (Migration Amendment Regulations 2009 (No. 6), Select Legislative Instrument 2009 No. 143).?? The next day, Senator Fierravanti-Wells, the Shadow Parliamentary Secretary for Immigration, gave notice that the Opposition intends to move to disallow the regulation.? In plain speak, the Opposition is seeking to overturn the regulation amendments, which would take us back to a system in which asylum seekers are denied access to a minimum accepted standard of living, dignity and health.? See?this factsheet?for more details on why the 45-day rule broke Australia?s international human rights obligations, and why the Opposition?s arguments against reform are incorrect.

Unless the Opposition can be convinced to change their minds, or can be shown that they do not have enough support in the Senate to win a vote, we expect Senator Fierravanti-Wells to move to disallow the Migration Amendment Regulation 2009 when Parliament next sits, on 7 September 2009.? The regulation amendments will then be debated in the Senate before being voted upon.? In order for the amendments to be disallowed, a majority in the Senate must vote against them.

What can you do?

Voice your support for fair asylum policies and for the regulation amendment on work rights

Now is the time to tell our politicians that we support the Migration Amendment Regulations 2009.? Speak up and speak soon before Parliament resumes on 7 September!

Write to independent Senator Nick Xenophon (SA) and Family First Senator Steve Fielding (VIC).? Please also write to those Liberal Senators who have spoken up for asylum seeker rights in the past (or may be more likely than others to do so in the future): Judith Troeth (VIC), Alan Eggleston (WA), Simon Birmingham (SA), Marise Payne (NSW) and Sue Boyce (QLD).? Judith Troeth has already signalled her intention to cross the floor, if need be, to support the amendments.? Let Judith, Alan, Simon, Marise and Sue know that we support them in doing the right thing.??Senators' contact details can be found?here.

In your letters, ask the Senators to support the Migration Amendment Regulation 2009 (No. 6), Select Legislative Instrument 2009 No. 143.? We have prepared?a factsheet on why work rights reform was necessary - you may find some of the points useful when writing your letter.

Pass this email on to your friends, family and colleagues and encourage them to get involved.

The Australian Press Council has upheld a complaint brought by?A Just Australia against The Australian about?their incorrect?use of the term 'illegal' and 'illegals' in four articles and an editorial on unauthorised boat arrivals published in April 2009.? The Council agreed that these terms, when used to describe unauthorised boat arrivals who in all likelihood were asylum seekers,?are factually inaccurate.? Read the full ruling here.? For AJA, this is another small win in our ongoing effort to keep the public discourse about asylum seekers factual and objective.

On 20 August 2009, the Senate Standing Committee on Legal and Constitutional Affairs released the report into their inquiry on the Migration Amendment (Immigration Detention Reform) Bill 2009.? The Committee made some recommendations to strengthen the human rights principles of the Bill, including that the Bill be amended to reflect more of the government?s Immigration Detention Values, that there be a greater onus on DIAC to identify any detained person, that a child?s best interests must be the primary consideration in the placement of the child?s family as well as the child, and that independent guardians be appointed for unaccompanied minors.? However, they failed to acknowledge a number of shortcoming in the Bill, such as the ongoing detention of children in secured immigration facilities with similar conditions to immigration detention ?centres?.

The three Liberal Senators on the Inquiry Committee, Senators Guy Barnett, Mary Jo Fisher and Russell Trood, issued a dissenting report, saying that the Bill would ?significantly weaken Australia?s border security?.? This flew in the face of the majority of evidence given in written and oral submissions to the inquiry, that global ?push? factors such as war, conflict and persecution in other countries was the key controller of global refugee numbers and unauthorised asylum seekers.

Greens Committee member Senator Sarah Hanson-Young issued additional comments, pushing for further reforms than those proposed in the Bill.? A Just Australia strongly commends her recommendations, including the abolition of mandatory detention, having immigration detention centres located in urban areas to allow for proper service delivery and oversight, and returning the management of immigration detention facilities to public control.

Read?the Committee's report

Read?A Just Australia's written submission?to the inquiry.

Read opening statements by?Kate Gauthier and Zhi Yan at the inquiry hearing on 7 August 2009 (page 48 of 62 in?this pdf)?

On 18 August 2009, the Joint Standing Committee on Migration tabled its report entitled Immigration detention in Australia: Facilities, services and transparency. This is the third and final report of the series of the inquiry, which began in 2008.? AJA will provide an analysis of the report in our next newsletter.? You can?read the report on the Committee?s website.

On 8 August 2009, SMH reporter Yuko Narushima reported that the case of a seven-year-old girl deported from Australia without her asylum seeker father's knowledge is now the subject of a criminal investigation.? ?In 2003 immigration staff hatched an elaborate plot to spirit the child away to her mother in Tehran as her father, the legal custodian, was in solitary confinement at Baxter Detention Centre... the AFP are now investigating to see whether officials committed a crime under South Australian law, overstepping federal deportation powers. Children cannot be removed from South Australia without a parent's consent.?? Kate Gauthier, National Coordinator for AJA (currently on leave) was one of many people who have been?tracking the case over a number of years.??Read?the SMH?article here?or listen to?an interview with Kate?on ABC?s AM program.