The
end of TPVs i.e. Temporary
Protection Visas
some good and bad news in Labor's first budget
Wednesday,
14 May 2008
Some comments from the Asylum Seeker Resource Centre
The 417 Ministerial process is for those asylum seekers who are refused refugee protection visas on their refugee claims YET have a humanitarian claim. The Minister for immigration is empowered to decide this on the basis of guidelines. His is a non-compellable, non- reviewable decision. Sometimes the Refugee Review Tribunal will say that, while they cannot grant a visa on refugee grounds (the five grounds listed in the UN Refugee Convention), however, they may say there are compelling humanitarian reasons thus signalling that the humanitarian route be taken. Other countries have a Complementary Protection process for these cases. Australia does not. We have only the 417 Ministerial process.
Currently there are 2000 x 417 decisions awaiting the new Minister. The Minister himself has said the process is flawed and "he does not want to play God". The new Government is looking at fixing this flawed system. We ask that no decisions be made under the flawed system because people's lives are in the balance. Many of the present caseload of people are "legacy cases" left over from successive ministers in the previous government. Some have been here 10 years and more, some have Australian children and Australian spouses, some have elderly parents and Australian families, some are just too sick and damaged to go back to countries where they have no-one to care for them and some will face death and persecution upon return. These are all reasons why they need a Humanitarian decision; in other words, a positive 417 decision from the Minister.
ASRC welcomes end to TPVs - but what about Work Rights?
The Asylum Seeker Resource Centre welcomes the end of Temporary Protection Visas (TPV) as announced in the 2008 Budget. This was a flawed Howard/ Ruddock policy designed to deter asylum seekers. It failed in that more people sought asylum after it was introduced than ever before. The Labor government has kept the promise to refugees, to end the inhumane TPV which separated families for years, and should be applauded for this.
The real hot budget issue for asylum seekers is work rights. While the Government proposes to increase the Skilled Migration intake by 31,000, they are simultaneously denying 3000 people already in Australia the right to contribute to addressing the skills shortage. Research undertaken by the Network of Asylum Seeker Agencies in Victoria (NASAVIC) showed that over 70% of the Victorian asylum seekers had skills and professions on the Governments most wanted worker’s list.
“Instead of allowing people to work while their claims are being processed, the government presides over their financial collapse and then steps in with a $5.6 million rescue program for some. This rescue would not be necessary for most people if they could work to feed themselves and their children and live with dignity while they await a visa decision,” says Pamela Curr of the ASRC.
“It makes neither economic nor moral sense to impose poverty and destitution on people in the first place, and it is reprehensible when the country is crying out for workers,” says Pamela Curr.
Grant of work rights
to asylum seekers - Summary of research
Skill
statistics
211 work rights and Medicare ineligible asylum seekers in NSW and Victoria were surveyed in 2005. Of the 211 surveyed, 74% had skills recognised on the Skilled Occupation List for the General Skilled Migration Program Occupations included
- Engineers
- Teachers
- Tailors
- Social Workers
- Computer Programmers
- Agricultural Scientists
Of those listed on the Skilled Occupation List, 45% had skills that were considered in high demand according to the Migration Occupations in Demand List, these included:
- Accountants
- Chefs
- Electricians
- Hairdressers
- Nurses
- Dentists
- 43% of those surveyed held professional qualifications
- 27% held or were in the process of attaining a Bachelor Degree or higher
- 33% of those surveyed held trade qualifications
- The majority of those surveyed were willing to work in rural or regional areas
Economic statistics
Nationally it is estimated up to 1500 adult work age asylum seekers, are presently prohibited from gaining employment either at the primary stage or during ministerial stage of the protection application process.
Research shows that the cohort of the 211 asylum seekers who undertook the skills audit would have potentially added up to $26 million to the Australian GDP over a 3 year period.
Assuming that the cohort approximates the skills makeup of the majority of asylum seekers on Bridging Visa E then the 1500 estimated asylum seekers of working age would make a significant contribution. Over a three year period asylum seeking BVE holders in Australia would add a potential $188 million to the Australian economy.
More conservatively, assuming that only 75% of the population of asylum seeking BVE holders obtained minimum wage employment, it would still add over $75 million dollars to the economy over 3 years.
The cost of destitution
The link between long-term destitution and complex mental and physical health issues has been observed by the agencies assisting asylum seekers. Community agencies and church groups have provided the shelter and food needed to keep people alive while undergoing the refugee status determination process.
Economic costings were undertaken by Gwilym Croucher Melbourne University 2006
Skill analysis was undertaken by the Network of Asylum Seeker Agencies in Victoria and the Asylum Seeker Centre NSW
Pamela Curr
Asylum Seeker Resource Centre ASRC
And one from the news hounds at Crikey.com.au:
Why aren't we letting skilled asylum seekers work?
Margaret Simons writes:
Amid all the hoopla about the skilled migration program and the Budget, another significant story has been buried.
The Rudd Government has delivered on its promise to abolish the Temporary Protection Visa system, under which asylum seekers found to be refugees were denied access to unemployment benefits, pensions and English lessons.
There are also small increases in humanitarian refugee intake quotas – an extra 500 paces for Iraqis in 2008/09 and 750 extra general humanitarian places in 2009-2010. See the budget figuring and explanations here.
Refugee advocate groups are applauding these changes – but otherwise remain p-ssed off with the new Government for failing to give asylum seekers the right to work while their applications are processed.
Research published last year suggests that seven out of ten asylum seekers who are already here have skills on the Government's most wanted list – yet they are denied the right to work while awaiting the processing of their applications. Meanwhile, the Budget allocates $1.3 million to bringing an extra 37,500 skilled migrants into the country.
The research, by Melbourne University doctoral candidate Gwilym Croucher and Asylum Seeker Resource Centre co-ordinator Sophie Dutertre, involved a survey of 211 work rights and Medicare ineligible asylum seekers in NSW and Victoria in 2005.
The survey found that three quarters had occupations on the list for the General Skilled Migration Program. They included engineers, teachers, tailors, social workers, computer programmers and agricultural scientists. 45% of those with occupations on the list had skills in high demand. They included accountants, chefs, electricians, hairdressers, nurses and dentists.
43% of those surveyed had professional qualifications, and 27% were in the process of getting a Bachelor degree or higher. A third held trade qualifications. Most of those surveyed said they were willing to work in rural and regional areas.
The Asylum Seeker Resource Centre estimates that up to 3,000 adult work-age asylum seekers are presently prohibited from working. If the surveyed group is representative, Croucher calculates that asylum seekers presently dependent on charity for basic support could add a potential $188 million to the economy.
Asylum Seeker Resource Centre CEO Kon Karapanagiotidis has described the result as "absurd".
The reason, historically, is part of the package of legislation aimed at deterrence of unauthorised arrivals, together with quieting fears that refugees might take jobs from Australians.
On the other hand, other recent research by Monash University demographer Bob Birrell has suggested that skilled migrants don't land jobs that match their qualifications because of their poor English.
Just a few weeks ago, Birrell called on the government to halt the skilled migration program and to focus on spending to give migrants already in Australia the language skills they need to impress employers.
Doubtless the same concerns would apply to skilled asylum seekers, which means it may be doubly good that TPV holders will now be able to access English lessons.
But the two sets of research together do seem to raise some questions about why the overall program is being managed as it is.