Newsletter, June 2008
Open The Gate in 2008
– A RAC Public forum report

Speakers:
• Pamela Curr: Executive Director, Asylum Seeker Resource Centre
• David Manne: Director, Refugee and Immigration Legal Centre
• Anna Samson: National Policy Director, Refugee Council of Australia

Since the victory of the Labor Government last November, Australia has seen some steps taken to rectify our internationally embarrassing Human Rights situation. These include:

• The closure of Nauru and Manus Island detention centres;
• The granting of asylum to 600 Iraqis who have helped Australian forces (still pending);
• Some action towards dealing with the huge long-term detainee caseload;
• An indication of a desire to reduce use of Ministerial discretion in making determinations (this will allow for a more clear-cut and across-the-board policy);
• A promise that the actions of the Office of Home Affairs, and the powers of Australian Federal Police are to be more accountable and transparent;
• A shift within the political climate in this country, Department of Immigration to a less 'bloody minded' climate than before, the good people within it have more influence.

Election commitments that have NOT been acted on include:

• Work rights and improved access to English Language Classes;
• Increased support for Human Rights;
• Better engagement with UNHCR; and
• Bringing detention centres under public management. Directly contrary to this promise, contacts with private operators have just been extended.

What can I do?

• Write to the Prime Minister Kevin Rudd, and the Immigration Minister Chris Evans about these issues, and Australia's violations of:
  * International obligations
  * Refugee Convention
  * Civil & Political Rights Convention
  * Statelessness Convention
• Write to the Finance Minister, Lindsay Tanner about the issue of detention debts
• Continue to contribute to petitions on refugee rights- sign up to www.getup.org.au
• Support and advocate for the introduction of an Australian Charter of Human Rights www.humanrightsact.com.au/2008

Welcome News:
Temporary Protection Visas absolished!

News of the Rudd Government's abolition of TPVs (Temporary Protection Visas) is welcomed by everyone who cares about human rights and the welfare of refugees.

Those on TPVs at present will be granted PPVs (Permanent Protection Visas). While this measure does not apply to other kinds of visas, those arriving without documents will in future, if found to be refugees, be granted a new kind of visa. This is the "Resolution of Status" Visa 851.

RoS 851 and PPVs both come with entitlements to NewStart and Youth Allowances, English tuition, age pension, disability, family, taxation and childcare benefits. These visa holders will also have access to travel documents and a form of family reunion. The Department of Immigration has stated that "every effort will be made to provide [applicants] with a speedy permanent outcome".

How can I get involved?

There have been some positive changes with the instantiation of the new Rudd Government, but there is still a fight ahead to achieve justice for refugees in Australia. WE NEED YOUR HELP!

Donate time or money to the cause:

Deposit directly to RAC's Commonwealth Bank account:
BSB: 063 262, ACC: 1025 2396
Or send cheques to: Refugee Action Collective
PO Box 578, Carlton South, Vic 3053.

Come to a meeting! RAC meets on the first and third Tuesday of every month at 6:30pm. Enquiries Phone 0409 252 673

Current Situation for Asylum Seekers

Refusals: In March, the ASRC were told that all long term case loads would be dealt with, but this hasn't happened. There continue to be situations where refugees have Australian spouses or children and have still been refused visas. The number of refused applications for refugee status is very high - in 29 days there have been 29 refusals. There are also still cases of refoulement, where there is no certainty of safety for those forcibly returned to the country from which they have fled.

Detention Debts: The practice of billing people for the costs incurred during the period of their detention is being continued, regardless of whether or not they are subsequently found to be refugees. In such cases, people are starting their lives in Australia with crippling debts which can extend into the hundreds of thousands of dollars, and which severely impede the ability of legitimate refugees to establish themselves economically. In one particular case, DIAC advised (?) that the repayment of the debt would take the individual over 200 years. The Commonwealth Ombudsman released a report in April 2008 on the subject of charging for detention, which found that every single person in detention had incurred debts to the government, including children who had been incarcerated and those who may be found to have been detained illegally. There is no other equivalent of billing for detention in Australia. Even in a world-wide overview, the detention-debt system is extremely rare, and tends only to happen in dictatorships. While the Immigration Minister does have the discretion to waive these debts, in 2007 only 10 were waived, and these in fact were only written off temporarily, meaning that the debt can potentially be reinstated at some time in the future.

Human Rights Legal Issues

The predominant issue persisting in Australia is the fact that refugee and immigration law continues to lie outside of the mainstream legal system. This means that fundamental pillars of the Australian legal system, such as the rule of law, habeas corpus, anti-discrimination practices, and the right to legal counsel do not apply to refugees seeking sanctuary in Australia. In effect, this means that asylum seekers do not have the same rights as any other group in Australia. The existing Human Rights legislation in Australia only covers Australian citizens. There is an urgent need for a Human Rights Act or Charter in Australia. The current system is 'a litany of legal contortions', and abrogates international treaties.

While the Pacific Solution itself has been revoked, its architecture is still intact in the Indian Ocean Solution. This means that all asylum seekers arriving at Australian shores without a valid visa are sent to Christmas Island to await processing. The human rights implications associated with the Pacific Island solution are perpetuated in the Christmas Island context.

There continue to be issues of asylum seekers being largely incommunicado, having no access to legal safeguards and fair decision-making, and no right of independent review. Options for community detention on Christmas Island are very limited. Christmas Island is retained as a deterrent and the government still adheres to the rhetoric of border protection and mandatory detention. Private firms still run the centres both within and outside Australia, at a huge cost to Australia.

Some 4000 islands are still excised from the so-called Migration Zone. Australian Law relating to asylum seekers does not apply in these places, meaning that "these parts of our territory are de-humanised". There is no government commitment to changing these excision arrangements.

Camps in Indonesia are also being used to hold asylum seekers attempting to enter Australia via Indonesia. Indonesia is not a signatory of the Refugee Convention and does not have to use the UNHCR determination process- their process is not transparent and often uses bad processes. Australian authorities finance and manage these camps through proxies.

Key focus for the ongoing Campaign for Rights for Refugees and Asylum seekers

Every day that the current arrangements remain unchanged people are suffering and being harmed. The ongoing
campaign needs to focus on those changes that will alleviate these harms. Some priorities include:

• An emphasis on the importance of family reunions for wellbeing and positive settlement outcomes;
• Return to the rule of law, with independent review;
• Citizenship issues - the Right to a Fair Go;
• Abolishing detention debts; and
• Indefinite detention is not lawful.