CURRENT ISSUES - SEEKING ASYLUM

INTRODUCTION

People seeking asylum are defined as having left their country of origin and have applied for recognition as a refugee in another country. They are awaiting the outcome of refugee status determination under the UNHCR 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees.

By the end of 2007 there were a total of 647,200 individual applications for asylum or refugee status submitted to Governments and United Nations offices in 154 countries. This constituted a 5% increase from the previous year and the first increase in four years, attributed mainly due to the large number of Iraqis seeking asylum in Europe. Europe is still the main destination for individuals seeking asylum followed by countries in Africa.

AUSTRALIA’S ASYLUM POLICY

Every year Australia takes approximately 13,500 refugees and humanitarian entrants, the majority of whom are resettled in Australia from other countries through Australia’s offshore humanitarian resettlement program. Of these 13,500 people, several thousand are granted onshore protection visas once they have fulfilled protection requirements under the Refugee Convention. This includes people who have arrived lawfully and unlawfully in Australia and have sought asylum upon arrival.

In 2006-07 there were a total of 1699 onshore protection visas granted.

The 2008-09 Federal Budget included significant changes to the temporary protection visa system. From August 9, 2008 all new asylum applicants fulfilling Refugee Convention protection requirements will be granted permanent protection visas. For those people already on temporary protection visas (TPVs), a Resolution of Status (RoS) can be applied. The RoS gives an applicant the same entitlements as a permanent protection visa however is contingent on successful security, character and health clearance checks. View the Department of Immigration's Fact Sheet for more information.

Today the main issue faced by asylum seekers is still the possibility of detention if they have overstayed a temporary visa or have arrived in Australia unlawfully. The Federal Government on May 29, 2008 announced a policy shift towards immigration detention announcing that although mandatory detention would continue as a last resort and for the shortest practicable time, where possible, asylum seekers would live in the community until their permanent protection visa applications had been determined.

Asylum seekers who arrive lawfully in Australia and are found to be refugees under the Refugee Convention are granted a permanent protection visa. Those who arrive unlawfully are detained in one of Australia’s four onshore Immigration Detention Centres in Sydney, Perth, Melbourne and Darwin, while security, health and character checks are conducted and their asylum application is considered.Whilst in detention, asylum seekers are generally granted a Bridging Visa while asylum claims are considered.

Australia also has an offshore Immigration Detention Centre on Christmas Island. Asylum seekers who arrive outside Australia’s excised migration zone are taken to Christmas Island while their visa claims are processed. Currently there are no asylum seekers being held at the 800-person compound. Asylum seekers held on Christmas Island are now entitled to legal assistance where previously they were not.

The Australian Government closed detention centres on Nauru and Manus Islands in May 2008.

REFUGEE STATUS DETERMINATION

The process by which an asylum seeker applies for refugee status varies from country to country. In many developing countries, it is the office of the United Nations High Commissioner for Refugees (UNHCR) that makes the determination. In most western countries, governments have set up structures, either administrative or judicial, for examining claims.
Since 1993 Australia has had a two stage administrative determination procedure:

Primary Stage

An asylum seeker lodges an application for refugee status with the Department of Immigration and Citizenship (DIAC).
The written application is then assessed by an officer of the Department to establish whether the person's claims are such as to fit the criteria for the grant of refugee status.
Applications can be received from individuals or from family groups. In the case of the latter, the claims of each member of the family should be examined. It is quite possible that the male head of household may not be a refugee but the wife or any of the children may be. If one member of the family is determined to be a refugee, the whole family is granted refugee status. All primary Protection visa decisions must be made within 3 months of application.
There are only two possible outcomes from the primary stage:

• the application is accepted and the asylum seeker is granted a permanent protection visa or;
• the application is rejected.

Review Stage

If a claim is rejected at the primary stage, the asylum seeker then has the option to lodge an application for a review of this decision.
The body responsible for reviewing applications is the Refugee Review Tribunal (RRT). The RRT is an independent Commonwealth statutory body whose Members are appointed by the Governor General. It is their task to review the DIAC primary decisions, applying exactly the same criteria: i.e. is the person a refugee according to the United Nations definition?

It is considered vital that Australia retains an independent merits review in refugee status determination. Such a system guarantees equality and fairness before the law and allows asylum seekers to present their full stories confident that government policy towards their country of origin will not influence the decision makers.
There are two possible outcomes from the review stage:

• the RRT overturns the original decision and grants refugee status. This happens on average in approximately 10% of cases (though is much higher for some nationalities); or
• the RRT upholds the original decision.

In the event of the claim being rejected by the RRT, it is expected that the applicant will leave the country. There are, however, two other avenues that could be explored:

i. Humanitarian Status
Claims that are rejected by the RRT are sent back to the Department of Immigration where they are reviewed by the original case manager. If it is considered that there may be compelling humanitarian reasons why an applicant should not be returned to their country of origin, the case is referred to the Minister for Immigration who has non-compellable discretionary powers to grant residency on humanitarian grounds. Failed refugee status applicants can also make a direct approach to the Minister seeking his consideration of their case.

ii. Judicial Review
Applicants who have been rejected by the RRT can, in certain circumstances, lodge an appeal to the Federal Court. The Court is not empowered to look at the merits of the claim (i.e. whether or not they are refugees). It is the role of the Court to consider whether the determination was conducted in accordance with the law. If the Court finds in favour of the applicant, the case is referred back to the RRT for reconsideration. Reconsideration does not automatically mean that the applicant is granted refugee status.

SEEKING ASYLUM IN AUSTRALIA

You may be visiting this website because you are a refugee yourself, looking for help. The Refugee Council of Australia, as a non-government organisation, is not in position to assist refugees with obtaining the necessary papers and travel documents, nor do we sponsor individuals with passage to Australia. We have listed here some useful links for relevant government departments and other agencies. If you still require other information please email us.

Australia's Department of Immigration and Citizenship (DIAC)
This website has information about settling in Australia and how to make an application for a visa.

United Nations High Commissioner for Refugees (UNHCR)
The UNHCR makes recommendations about refugees suitable for resettlement to Australia.

Legal advice and support
Non-government organisations offering legal advice and support to asylum seekers include:
Refugee Advice and Casework Service, Sydney
Refugee and Immigration Legal Centre, Melbourne
Refugee and Immigration Legal Service, Brisbane
CASE for Refugees, Perth - phone (08) 9227-7311

ASYLUM ISSUES

Until the temporary protection visa regime was abandoned legislatively in August 2008, the key issues faced by asylum seekers were the uncertainty about the length of time applicants would remain on temporary protection visas or bridging visas and the prospect of spending an indefinite time in detention awaiting a decision on visa applications.

Another significant issue for asylum seekers is the lack of rights for those on Bridging Visa E (BVE). The Refugee Council of Australia has been advocating for some time to improve the rights of asylum seekers holding the Bridging Visa E which is granted to asylum seekers who do not apply for a Protection visa within 45 days of arrival in Australia.

BVE holders are currently denied work rights, access to Medicare or any government funded income support. There are several thousand people on BVEs, some of whom who have been on these visas for many years and are totally dependent on support from charitable organisations. Many are living in conditions of abject poverty and suffer a series of health and welfare crises including family breakdown, isolation, depression and cumulative debt.

Other issues:

Complementary Protection: The Way Ahead

For over 50 years the Refugee Convention has provided the framework for protecting people forced to flee their homelands in fear of persecution because of their race, religion, nationality, political opinion or membership of a particular social group, and who are unable to secure protection from their own government. The international community has recognised that it has a responsibility to such people and confers refugee status on those who meet the definition set out in the Refugee Convention.

When the Refugee Convention was drafted, it was intended that it would assist particular groups affected by the events in Europe during World War II. The definition in the Convention has, however, proved durable and sufficiently flexible to be able to respond to many of the geo-political changes that have taken place in the last 50 years and the validity of the Convention as a protection tool was reaffirmed by a Ministerial Meeting of States Parties in December 2001. It is important to acknowledge, however, that the Refugee Convention is not and was never intended to be a mechanism to cover all people in need of protection.

The specificity of the definition in the Refugee Convention is such that it does not extend to many people who have protection needs that are widely recognised. It does not, for example, encompass all people who inter alia:

• stateless;
• come from a country enveloped in civil war;
• have been subject to gross violations of their human rights for non-Convention reasons;
• would face torture on return to their country;
• come from a country where the rule of law and order no longer applies.

In order to provide the necessary protection for such persons and ensure compliance with the non-refoulement obligations recognised in Customary International Law, a variety of protection mechanisms have evolved to complement the protection afforded by the Refugee Convention.

Read the paper developed by the Refugee Council, Amnesty International and the National Council of Churches of Australia, Complementary Protection: The Way Ahead, which considers how the international community responds to people in need of protection who fall outside the refugee definition and compares this to Australian practice. It then points out the deficiencies in current Australian practice and suggests a model that, if implemented, would ensure that Australian practice is fair, transparent, timely, efficient and legally defensible.

Alternatives to detention

Since the introduction of mandatory, non-reviewable detention of unauthorised asylum seekers in 1998, the policies and practices of immigration detention have drawn widespread criticism domestically and from the international community.
While the policy of immigration detention remains in place, the Australian Federal government recently announced a more humane policy change towards immigration detention. On July 29, 2008, Immigration Minister Senator Chris Evans announced that mandatory detention would only be used as a last resort and for the shortest time practicable.

Community-based detention arrangements

For a number of years, Immigration Residential Housing (IRH) was established close to major immigration detention centres where women and children could live while remaining in detention. As of August 2007, the Villawood, Sydney and Perth Immigration Residential Housing complexes remain open.

Migration Amendment (Detention Arrangements) Bill – July 2005
The adoption of this Bill, which was driven by a small number of concerned Government backbench Members of Parliament, firmly established the principle that children should only be detained as a matter of last resort. In a significant policy shift, the introduction of this Bill led to the release of all children and their families into community detention arrangements.

Residence Determinations

Initially designed for families with children following the July 2005 amendments to the Migration Act, residence determination also extends to other vulnerable people in immigration detention. The amendments provide the Immigration Minister with a non-compellable, non-delegable public interest power to specify alternative detention arrangements. Placement in community detention enables people to move about in the community without needing to be accompanied or restrained by an immigration officer, or designated person.
Those asylum seekers released into community detention on a residence determination have some restrictions on their movement and the right to work but have all their needs fully paid for by the government including housing.

Community Care Pilot

The Community Care Pilot is an initiative which allows families and other detainees with complex needs to be released into the community with support. Non-government organizations are funded by the Department of Immigration to source housing for the families and allow payment of their bills and other living expenses and to ensure that people have access to the relevant services and social support networks. The Community Care Pilot commenced in Sydney and Melbourne on 15 May, 2006 and as of January 2007 there were over 110 clients participating in the pilot.

The use of community based detention through residence determinations and the introduction of the Community Care Pilot has meant that some asylum seekers are given the necessary support and assistance that they need to live with dignity in the community while their protection case is assessed. However, this has highlighted the needs of other asylum seekers who are left with little or no support.

For current immigration detention statistics click here.

International Detention Coalition

The International Detention Coalition aims to raise awareness of detention policies and practices and to promote the use of international and regional human rights standards and principles as they relate to the detention of refugees, asylum seekers and migrants. As a member of the Coalition, the Refugee Council of Australia actively supports the work of the Coalition.
For further information click here: http://www.idcoalition.org

The Human Rights and Equal Opportunity Commission has conducted a number of investigations of Australia’s immigration detention centres. Reports are available at
http://www.humanrights.gov.au/human_rights/asylum_seekers/index.html

Amnesty International Australia has developed a dedicated section on refugees and asylum seekers at http://action.amnesty.org.au/refugees

The NGO sector in Australia has also been working towards improving the plight of asylum seekers. To this end it has collectively produced two documents published on this website:

The alternative detention model, as its name suggests, seeks to provide an alternative to the current regime whilst addressing the stated security and financial concerns of the Australian Government; Read Dr Ken Rivett's comments on the RCOA model.

The Detention Standards Document has been produced to set out the minimum standards and condition under which detainees should be held if just a policy continues.

The Justice for Asylum Seeker (JAS) Alliance have published a major report on the cost of detention, Improving Outcomes and Reducing Costs for Asylum Seekers (August 2003). This supplements their comprehensive paper Alternative Approaches to Asylum Seekers: Reception and Transitional Processing System June 2002. The JAS alternative detention model, The Better Way: refugees, detention and Australians, sets out alternatives to detention that do not compromise Australia's security, are cheaper, more humane and which strengthens our sense of community.

Edmund Rice Centre has released its Interim Report 'No Liability - Tragic Results from Australia's Deportations No Liability - Tragic Results from Australia's Deportations.

The Asylum Seeker Project has completed research into the 200 asylum seekers we have worked with for the past 2 years, entitled, Welfare Issues and Immigration Outcomes for Asylum Seekers on Bridging Visa E. This has included exploring the welfare issues affecting this group, as well as immigration outcomes. The findings have been presented to the Immigration Minister, the Department of Immigration, as well as various government representatives.
Read the proposal by the Conference of Leaders of Religious Institutes.

SERVICES FOR ASYLUM SEEKERS AROUND AUSTRALIA

New South Wales

ALIV (Volunteers at Villawood Immigration Detention Centre)

Amnesty International Australia – Refugee Network

Street Address: Level 1, 79 Myrtle Street Chippendale NSW 2008
Phone Number: (02) 8396 7670
E-mail Address: nswrefugeeteam@amnesty.org.au (NSW Refugee Network); refugee_team@amnesty.org.au (Refugee case work team)
Website URL: http://nsw.amnesty.org.au/groups/refugee_network

Amnesty International’s Refugee Network conducts casework for asylum seekers. They are able to provide detailed country information pertinent to the particular claims of asylum seekers and write a report into the situation an asylum seeker will face if returned to their country. While the Refugee Network does not provide legal advice or analysis for individual cases as a lawyer would, they are able to provide referral to the Refugee Advice and Casework Service (RACS).

Asylum Seekers Centre (Surry Hills)

Street Address: 38 Nobbs St., Surry Hills, NSW 2010
Phone Number: (02) 9361 5606
E-mail Address: admin@asylumseekerscentre.org.au
Website URL: http://www.asylumseekerscentre.org.au

The ASC provides support for asylum seekers living in the community. Please contact them if you teach IT or English as a second language and would be interested in volunteering. Based in Central Sydney.

Australian Red Cross NSW – Asylum Seekers Assistance Scheme (ASAS)

Street Address: 159 Clarence Street Sydney NSW 2000
Phone Number: (02) 9229 4111 (admin); (02) 9229 4246 (ASAS direct)
E-mail Address: nswasas@redcross.org.au
Website URL: http://www.redcross.org.au/nsw

The Red Cross’ ASAS assists asylum seekers in Australia who are in the process of having their refugee status determined. The program provides financial assistance and limited healthcare assistance, plus referrals to other agencies for settlement issues. The Red Cross can also provide personal support and advocacy for those in detention centres awaiting determination of their refugee status, as well as information and referrals for families and individuals. For more information, contact the Red Cross using the details above.

Bridge for Asylum Seekers Foundation (Sydney)

The Bridge for Asylum Seekers Foundation (BASF) was officially launched on 11th June 2003 by a broad coalition of churches, human rights groups, unions, political representatives, and individuals. The Foundation seeks donations to financially assist asylum seekers on Bridging Visa Es or released under Habeas Corpus orders and who have no adequate means of survival. Every month, BASF provides supplementary living assistance to over 100 individuals and families to enable them to survive. We are always looking for volunteers to assist us in varied roles such as administration, web/database maintenance, refugee support and fundraising. For further details please contact 9712 7784 or visit http://www.asylumseekersfoundation.com/links.html

House of Welcome (Western Sydney)

The House of Welcome Project was established by the NSW Ecumenical Council to assist Temporary Protection Visa (TPV) holders to make the transition into the community. The Project has extended to supporting people released from detention on Bridging Visa E's and Habeus Corpus orders who have no means of support. Asylum seekers are assisted to settle in the community, find accommodation, look for work and can also attend English and Computer classes. Based at Carramar. Contact Volunteer Coordinator on (02) 9727 9290 or email thow@tpg.com.au

Immigration Advice and Rights Centre (IARC)

Street Address: Level 5, 362 Kent Street Sydney NSW 2000 (near the Queen Victoria Building, within walking distance from Wynyard and Town Hall train stations)
Phone Number: (02) 9279 4300 (admin); (02) 9262 3833 (telephone advice)
E-mail Address: iarc@iarc.asn.au
Website URL: http://www.iarc.asn.au

IARC provides free immigration advice to financially disadvantaged people in New South Wales. They can give advice on a range of immigration matters including visas and citizenship.
Telephone advice (see phone number above) is available on Tuesdays and Thursdays from 2-4pm. Face-to-face advice is available by appointment only. Appointments can be made by phoning the admin phone number above.

Legal Aid NSW

Street Address: Ground Floor, 323 Castlereagh Street Sydney NSW 2000 (close to Central train station)
Phone Number: (02) 9219 5000 (admin); 1300 888 529 (telephone advice)
Website URL: http://www.legalaid.nsw.gov.au
The above contact details are for the head office. Legal Aid NSW has a numerous offices in both metropolitan and regional areas of NSW (see their website for details).

Legal Aid NSW is an independent statutory body providing legal aid and other legal services to disadvantaged people. Services include representation, legal advice and information provision. Legal Aid also provides assistance for certain immigration matters in relation to applications for refugee status, unlawful detention, judicial review of refugee status and immigration advice.
Free advice is available both over the phone (see phone number above) and face-to-face by appointment only. Appointments can be made by phoning the admin phone number above.

Refugee Advice and Casework Services (RACS)

Street Address: Level 8, Suite 8C, 46-56 Kippax Street Surry Hills NSW 2010 (close to Central train station)
Phone Number: (02) 9211 4001
E-mail Address: admin@racs.org.au
Website URL: http://www.racs.org.au

RACS provides free, expert legal service for individuals seeking asylum in Australia. RACS can provide advice and support with lodging visa applications, preparing for interviews with the Department of Immigration and Citizenship (DIAC) and applying to the Refugee Review Tribunal, as well providing referrals for counselling and assistance with related social welfare issues, including accommodation, Medicare, employment, torture and trauma counselling and language training.

Queensland

Romero Community Centre

This project provides casework, community development and support to refugees with a Temporary Protection Visa living in Brisbane. The project operates under the auspices of Brisbane Sisters of Mercy. A range of volunteer skills are sought. For more information email or phone (07) 3393 2500.

Victoria

Asylum Seeker Resource Centre (West Melbourne)

The Centre provides legal assistance, material and food aid and also incorporates Melbourne's first health clinic for Medicare ineligible asylum seekers. Initial general training is provided for volunteers and more specific training occurs at regular intervals. For more information email, phone (03) 9326 6066 or visit http://www.asrc.org.au/

Asylum Seekers Assistance Project (Sth East Melbourne)

This Project runs a food bank and aims to provide material aid to asylum seekers in the South East region of Melbourne. This project is run entirely by volunteers. For more information email or phone (03) 9547 1129.
Ecumenical Migration Centre (Fitzroy) For more information, visit http://asp.hothammission.org.au/

Fitzroy Learning Network

Co-ordinates volunteer tutors in English and organises other recreational and vocational activities for refugees, working particularly with people with Temporary Protection Visas. For more information email them direct or phone (03) 9417 2897 or visit http://www.fitzroylearningnetwork.org.au/index.html

Spare Rooms for Refugees

Links people with spare rooms with asylum seekers. If you are able to offer temporary accommodation to asylum seekers in the community please call (03) 9225 6731 or visit http://www.spareroomsforrefugees.com/

Springvale Community Aid & Advice Bureau (Springvale)

South Australia

Migrant Health Service, SA

Service for newly arrived refugees and asylum seekers
21 Market St., Adelaide SA
Ph (08) 82373900

Comprehensive health screening and early intervention for newly arrived refugees and asylum seekers. Services include counseling, immunization information, referrals to community general practitioners' health information sessions for newly emerging communities and education sessions for Divisions, GPs and Practice staff on issues such as cultural awareness, infectious diseases, nutritional deficiencies and mental health issues.

Australian Capital Territory

Australian Catholic Migrant and Refugee Office

For more information visit http://www.acmro.catholic.org.au/

Western Australia

CASE for Refugees Inc.

CASE is a non-profit community legal centre which aims to provide legal assistance to refugees, predominantly Temporary Protection Visa holders making their second application for protection or with Family Reunion applications. For further details about how to get involved and the types of jobs available please email admin@caseforrefugees.org.auor call the office on (08) 9227 7311.

Tasmania

Migrant Resource Centre of Hobart

The Migrant Resource Centre of Hobart helps refugees and migrants settling in Hobart.
Ph (03) 6234 9411 or email reception@mrchobart.org.au

Northern Territory

Malaleuca Refugee Centre

The Malaleuca Refugee Centre assists refugees and asylum seekers living in Darwin. The Centre provides a torture and trauma service as well as DIAC's Integrated Humanitarian Settlement Strategy (IHSS).

Ph (08) 8985 3311 or email admin@melaleuca.org.au

RESEARCH AND RESOURCES

New children’s book focuses on detention of asylum seekers

New Frontier Publishing has recently published a new children’s book, focusing on asylum seekers’ right to freedom. “A True Person”, written by Gabiann Marin and illustrated by Jacqui Grantford, is a moving story highlighting the bond between mother and daughter in times of adversity. Having escaped their war torn country in search for freedom, the mother and daughter instead find themselves in a detention centre, where Zallah, the daughter, struggles to comprehend the situation.
More information: http://www.newfrontier.com.au/books_new/true_person.htm

Returning Failed Asylum Seekers from Australia

This discussion paper by David Corlett draws together information and recommendations from a three-year research project on Australia’s return policy and practice by a La Trobe University team led by Professor Robert Manne. Issues explored include offshore interception, offshore processing, detention, the situation of community-based asylum seekers, temporary protection and monitoring returnees.
http://www.sisr.net/apo/asylum-corlett.pdf

New book: Acting from the Heart

In Acting from the Heart, 50 people who have been moved to support asylum seekers and refugees, reflect on the diversity of this movement and describe how they became involved in refugee advocacy. Edited by Sarah Mares and Louise Newman and published by Finch Publishing, the book “represents a powerful contribution to the ongoing debate about the ethics of our nation and the politics of institutionalised inhumanity worldwide”.
Available from http://www.seekbooks.com.au

New Report “A Price Too High”: Oxfam Australia and A Just Australia

Ahead of the 6th anniversary of the Tampa incident, Oxfam Australia and advocacy organization A Just Australia, have released a report which examines the financial, social and psychological impacts of the Australian Governments “Pacific Solution”. Highlighting the financial cost of the “Pacific Solution” at over $500,000 for each of the 1700 asylum seekers processed, the report also examines the more cost-effective and humane alternatives and calls for an immediate end to offshore processing and a closure of all offshore detention facilities. The full report of “A Price Too High” is available at: http://www.oxfam.org.au/media/files/APriceTooHigh.pdf

Children’s Book: “Rainbow Bird”

Written and illustrated by 14-year old Czenya Cavouras, “Rainbow Bird” takes readers on a journey through fear, uncertainty and despair to hope. Cavouras’ inspiration came from conversations with her grandfather about visits he made to Baxter Detention Centre and the book aims to challenge readers of all ages to imagine how they might respond in a similar situation. Published by Wakefield Press, the book was launched to mark the 6th anniversary of the Tampa incident and all proceeds from the book will go to Australians Against Racism. For further details, please visit: http://www.wakefieldpress.com.au

Report: “Removing Seriously Ill Asylum Seekers from Australia”

This report is the first comprehensive study examining the issue of the removal of seriously ill asylum seekers and explored Australian government policy and practice relating to the health and welfare concerns of asylum seekers. A collaborative project between LaTrobe University’s Refugee Health Research Centre and the Hotham Mission Asylum Seeker Project, the study demonstrates a strong link between the asylum process and the deterioration of mental and physical health of those seeking asylum in Australia.
The report is now available online at: http://www.latrobe.edu.au/rhrc/documents/removing.pdf

Research paper: Constructions of racism in the Australian parliamentary debates on asylum seekers

By Danielle Every, University of South Australia and Martha Augoustinos, University of Adelaide, this paper examines parliamentary speeches of politicians opposing Australia’s asylum laws and the implications of ‘new racism’ on anti-racist discourse. First published in Discourse and Society, 2007 by SAGE Publications the full paper is also available at http://www.safecom.org.au/every-augoustinos-racism.htm

Transcultural Psychiatry: Refugees and Forced Migration

Published in September 2007, this issue features an article by Derrick Silove, Patricia Austin, and Zachary Steel entitled “No Refuge from Terror: The Impact of Detention on the Mental Health of Trauma-affected Refugees Seeking Asylum in Australia”. This issue also presents articles from international authors on various aspects of forced migration. Articles can be viewed online at: http://tps.sagepub.com/current.dtl

Boat People

This novel by Maurice Whelan, brings to life the real, human story of the plight of child refugees and the mark their experience leaves on them and the world. ‘In this refreshing novel, Maurice Whelan addresses with bravery and skill the eternal reality of Australia, that we are a nation of refugees.’ – Tom Keneally. For details, see http://www.ginninderrapress.com.au

Watching Brief: Reflections on Human Rights, Law and Justice

This latest book by renowned human rights lawyer, Julian Burnside QC, is a collection of essays and commentary on human rights in Australia, issues such as mandatory detention, anti-sedition legislation and anti-terrorism legislation. Published by Scribe Publications.

The Rug Maker of Mazar-E-Sharif

Robert Hillman tells the story of how Mazari, when confronted with persecution and possible death at the hands of the Taliban, decided to leave his wife and young child, flee across the border to Pakistan, make his way across the Indonesian archipelago, catch a leaky boat, reach Darwin and then be transported to Adelaide and the refugee camp at Woomera. He was later recognised as a legitimate refugee, settling in Melbourne then establishing an Afghan carpet and rug shop and finally being joined by his wife and child in Australia. Published by Insight Publications.

Documentary: A Nun’s New Habit

By Robyn Hughan, this documentary film follows the story of Sister Carmel Wauchope who she met on a visit to the Baxter Detention Centre in 2004. Sister Carmel talks about the hardships faced by refugees who were detained in Baxter and says the ongoing psychological damage and trauma the refugees suffer after their release is arguably just as profound. Please visit
http://www.refugeecouncil.org.au/newsevents/refugeeweek.html#wa for further details.

Children’s book: Ziba Came on a Boat

Written by Liz Lofthouse and illustrated by Robert Ingpen, Ziba Came on a Boat is the moving story of a little girl whose family has lost almost everything. This beautiful picture book takes us on her brave journey to make a new life, far from home. Published by Kane Miller
http://www.kanemiller.com/book.asp?sku=386

ASYLUM ISSUES ARCHIVE

Abolition of temporary protection visa system

Former Prime Minister John Howard implemented the temporary protection visa (TPV) system on 20 October, 1999 with the intention of deterring asylum seekers who had arrived without authorisation. After many years of advocating against the TPV system, the Refugee Council of Australia and other like-minded organisations and individuals, welcomed the Rudd Federal Government's announcement on August 9, 2008 that TPVs would be replaced by Resolution of Status (RoS) visas. In addition, any new and successful asylum applicants would be granted a permanent protection visa.

For a historical perspective on the TPV system please click here.

What has the international community said about Australia's treatment of refugees and asylum seekers?

Each year, the Catholic Commission for Justice, Development and Peace produces an Australian Human Rights Register which highlights a number of human rights issues affecting refugees and asylum seekers in Australia.

See Amnesty International's 2007 World Report on Australia and other publications relevant to Australia's treatment of refugees and asylum seekers at www.amnesty.org

The US Committee for Refugees and Immigrants has also produced regular country reports on Australia, the most recent in 2006. Visit www.refugees.org.

Read the Findings of the Catholic Commission for Justice, Development & Peace's Human Rights Register (December 2003) on refugees.

Read the UN Working Group on Arbitrary Detention report into immigration detention conditions in Australia, and the related media release from the Refugee Council.

Human Rights Watch has an extensive collection of reports including "By Invitation Only" in 2002. Ohter reports include commentary on Australian legislation and policies affecting refugees and asylum seekers. Please visit http://hrw.org/doc/?t=asia&c=austra.

Review the findings from the visit to Australia by Justice P.N. Bhagwati, Special Envoy of UN High Commissioner for Human Rights which examined Australia's detention of asylum seekers, in the media release.

See the US Committee on Refugees' Report Sea Change: Australia's New Approach to Asylum Seekers, based on site visits to Australia and Indonesia or Oxfam Community/Aid Abroad's latest report on the Pacific 'Solution', Still Drifting - Australia's Pacific Solution Becomes "A Pacific Nightmare".

Read the condemnation of Australia's detention policy by the International Congress of PEN (December 2003).