1 October 2014 MEDIA RELEASE LABOR FOR REFUGEES CALLS FOR OPPOSITION TO SCOTT MORRISON’S CHANGES TO THE MIGRATION ACT Labor for Refugees calls on all Labor and crossbench Senators to vote against the changes to the Migration Act proposed by the Minister for Immigration and Border Protection, Scott Morrison, which will, if enacted, deny people the right to seek asylum and permanent protection in Australia. The proposed laws do not provide a pathway for permanent residence or citizenship. The criteria for the promised Safe Haven Enterprise Visas is not even in the legislation; and those visas will have the same effect as the temporary protection visas – they will lead no-where. The Government is clearly preparing to welch on any deal it has struck with Mr. Palmer. The proposed changes will breach Australia’s obligations under UN Refugee Convention and international law. They even eliminate the references to the Convention from the legislation and re-interpret it in whatever way suits the Government. The Refugee Convention was established to provide protection for people who cannot live in safety and security in their own country, because they are subject to, or have reasonable grounds to fear persecution due to their ethnicity, religion or political beliefs. The proposed changes seek to circumvent recent High Court rulings and continue Scott Morrison’s war not only on refugee rights in this country but on the very rule of law itself. Scott Morrison seeks to establish his own rule of law that has no relationship with our international obligations. Until recently, Australia has been regarded internationally as a good global citizen. The current asylum seeker policies have significantly tarnished that reputation, and the changes now proposed would mark Australia, one of the wealthiest most secure countries in the world, as uncaring and unwilling to fulfil our responsibilities. We must not resort to draconian measures in order to reject a few thousand desperate people who seek our protection – we are better than this. The key problems with the proposed amendments include: · Removal of references to the Refugee Convention from the Migration Act. · The suspension of the rules of natural justice – removing the possibility of High Court challenges: the rule of law and the judiciary is fundamental in our democracy, ensuring fairness, justice and transparency in decision-making. · Changes that would allow boats carrying people seeking asylum to be towed anywhere beyond Australian territories, including the open sea, and leaving them there without regard for the safety of their passengers. · The introduction of a fast track assessment process (worse than a kangaroo court) with no access to the Refugee Review Tribunal (RRT) and very limited review processes. Fast turnaround processing was ruled illegal in the United Kingdom in July 2014 as it carried an “unacceptable risk of unfairness” see righttoremain.org.uk/blog/detained-fast-track-asylum-system-ruled-unlawful-byhigh-court/. · Children born to asylum seekers in Australia who arrived by boat will be blocked from applying for permanent visas and would be classified as “transitory persons”, creating a new group of stateless persons. · Safe Haven Enterprise Visas - temporary visas for 3 to 5 years which would not provide permanent protection visas even for those people assessed to be refugees. There is no justification for leaving people found to be refugees in limbo, with no prospect of resettlement in Australia. · Making it easier to send people back to countries where they may face persecution or death. Labor for Refugees urges Labor and cross Bench Senators to reject the proposed changes. We need to work with our regional neighbours towards a system of co-operation which ensures the protection – not rejection – of people seeking safety and security. The proposed changes would shift our responsibility onto our neighbours, and damage our standing in the region. Australia needs to develop approaches which are based on decency, the rule of law and which protect human rights. Authorised by Shane Prince and Robin Rothfield, National Convenors, Labor for Refugees. For more information contact Shane Prince 0416 229 338 or Robin Rothfield 0418 338 665
Posted on: Sun, 05 Oct 2014 09:00:01 +0000
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