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2012-13 Submission on the Refugee and Humanitarian Program

RCOA's annual submission on Australia's Refugee and Humanitarian Program is now available for download here.

2012-14 Refugee Week theme: 'Restoring Hope'

RCOA has chosen 'Restoring Hope' as the Refugee Week theme for 2012 to 2014. For further details, visit the Refugee Week website.

Plight of refugees with adverse ASIO findings raised with Canberra

RCOA has written to Attorney-General Nicola Roxon on the predicament of recognised refugees who remain in immigration detention because of adverse ASIO findings. Read the letter here.

Nauru is not an option

Refugee and asylum seeker policy on a positive pathway

RCOA has welcomed the announcement by the Federal Government that it had begun to wind back its policy of indefinite mandatory detention for asylum seekers who enter Australia by boat. Read our media release.

AUSCO Exchange Program

The AUSCO Exchange Program aims to build links between pre- and post-arrival orientation services for humanitarian entrants.

Read more about: AUSCO Exchange Program

Follow @OzRefugeeCounc

Current issues

For news items before February 2011, please see our 2011 news archive.

February 2012: 2012-14 Refugee Week theme: ‘Restoring Hope’

RCOA has chosen ‘Restoring Hope’ as the Refugee Week theme for 2012 to 2014. The theme reminds us that, while a refugee’s journey begins with danger, it also begins with hope. Refugees flee their homelands not only because they fear persecution, but also because they have hope: they hope to find freedom from persecution, and safety and security for themselves and their families; they hope to be given a chance to start a new life and recover from past trauma.

The theme also calls attention to the role of countries which, through offering protection to refugees and providing them an opportunity to rebuild their lives, restore hope for a future free from fear, persecution, violence and insecurity.

Finally, the theme aims to highlight the situation of refugees whose hopes have not been fulfilled – those who remain in seriously protracted situations, facing ongoing discrimination, violence and uncertainty, with little hope for a resolution in the near future. The theme calls on us to consider how we can provide solutions for these refugees and restore their hopes for a brighter future.

Refugee Week 2012 will be celebrated from Sunday 17 June to Saturday 23 June, to coincide with World Refugee Day (June 20). For more information about Refugee Week, visit www.refugeeweek.org.au.

January 2012: RCOA presents community views on Refugee and Humanitarian Program

After three months of hard work, RCOA has completed its annual submission on Australia’s Refugee and Humanitarian Program and, on January 25, presented recommendations to Immigration Minister Chris Bowen. Key recommendations include: a five-year plan to expand offshore resettlement to 20,000 places; continued progress on regional refugee protection through the Bali process and the development of an uncapped onshore protection program.

The submission reflects feedback from more than 730 people and 187 organisations, representing 33 communities through 47 consultations held throughout Australia. The submission, along with national and global statistics and summaries of community views on refugee settlement and asylum issues, is available here.

January 2012: Plight of refugees with adverse ASIO findings raised with Canberra

In January, RCOA, representing lawyers and NGOs, wrote to new Federal Attorney-General Nicola Roxon urging action on the predicament of more than 50 recognised refugees who remain in immigration detention because of adverse ASIO findings. The letter urged the new Minister to investigate changes to: advise refugees of the reasons for security refusals; provide a mechanism to challenge findings; and pursue alternatives to detention. The letter is available here.

January 2012: Burmese Government signs ceasefire agreements

On January 12, the Burmese Government signed a ceasefire agreement with the Karen National Union (KNU). The ceasefire ends decades of fighting between Government and KNU forces, which began when Burma became an independent nation in 1948. The agreement follows the signing of ceasefires with the Shan State Army South and the Chin National Front in December and January respectively.

For further details, see www.mizzima.com/news/inside-burma/6402-knu-govt-sign-cease-fire-agreement.html and chinlandguardian.com/news-2009/1666-breakthrough-cnf-signed-ceasefire-deal-with-govt.html.

January 2012: Refugee sector figures among Australia Day Honours list

The Australia Day Honours List recognised the outstanding contributions of a number of people who have dedicated a large part of their lives to supporting asylum seekers and refugees. Recipients include: Xuan Tiep Nguyen (OAM) from Liverpool for services to the Vietnamese community, Faddy Zouky (OAM) for service to Victoria’s multicultural community; Victoria’s Ruth Wraith (OAM) for services to community health, particularly children recovering from trauma; Balmain for Refugees advocate Deborah Nicholls (OAM); Perth’s Sister Margaret Culhane (OAM) for services to refugees from Africa and Asia; Dr Jillian Benson (AM) from Adelaide for mental health support for refugees and asylum seekers; former Department of Immigration and Citizenship Secretary Andrew Metcalfe (AO) and the Department’s special advisor to the Secretary Martin Bowles (PSM).

The full list is available at http://www.gg.gov.au/res/file/2012/honours/ad2012/S%201%20Embargo.pdf

December 2011: Nauru is not an option

RCOA acted strongly to reject any return to offshore processing in Nauru following revelations the Federal Government was willing to negotiate with the Opposition on asylum seeker policy. In a statement RCOA CEO Paul Power said a return to Nauru would further set back genuine progress on regional cooperation. RCOA implored both sides of politics to start the hard work of solving the problem at its source – in Asia where refugees and asylum seekers lack adequate protection. Read our statement here.

December 2011: High Court ruling removes barrier for unaccompanied minors seeking family reunion

On 14 December, the High Court of Australia found that a jurisdictional error had been made in the case of an Afghan refugee who arrived in Australia as an unaccompanied minor and subsequently sponsored his mother for resettlement through the Special Humanitarian Program (SHP).

Under the SHP, parents are considered part of the sponsor’s “immediate family” – the highest priority category for resettlement – only if the sponsor in Australia is under 18 years of age. In order for their applications to be considered the highest priority, unaccompanied minors sponsoring their parents previously had to establish that they were under 18 both at the time they lodged an SHP application and at the time a decision was made on the application. This created a barrier for unaccompanied minors seeking to reunite with their parents, as the often lengthy processing of SHP applications meant that some applicants turned 18 by the time a decision was made. The High Court, however, ruled that it was not a requirement for the grant of an SHP visa for the sponsor to be under 18 both at the time of application and the time of decision.

A summary of the decision can be read at www.hcourt.gov.au/assets/publications/judgment-summaries/2011/hca52-2011-12-14.pdf. The full decision can be read at www.austlii.edu.au/au/cases/cth/HCA/2011/52.html.

December 2011: NGOs deplore Thailand’s forced deportation of refugee to Laos

RCOA was one of 17 signatories to an open letter from the Asia Pacific Refugee Rights Network to the Prime Minister of Thailand about the deportation of Ka Yang to Laos on December 17. It was the second time Thailand had deported Ka Yang – a UN-recognised refugee – to danger in Laos. The letter urged Thailand to review its policies on people seeking asylum in Thailand. The letter to Prime Minister Yingluck Shinawatra is here:
http://refugeerightsasiapacific.org/2011/12/27/open-letter-to-the-prime-minister-of-thailand-yingluck-shinawatra

December 2011: Public consultation on Australia’s Refugee and Humanitarian Program

DIAC is inviting other public comment on the composition of Australia’s 2012-13 Refugee and Humanitarian Program. A discussion paper will be placed on DIAC’s website at www.immi.gov.au/about/contracts-tenders-submissions in late December. Input should be sent by e-mail to humanitarian.submission@immi.gov.au or by post to Humanitarian Program submission, Assistant Secretary, Humanitarian Branch, Department of Immigration and Citizenship, PO Box 25, Belconnen ACT 2616. Submissions should be received by Tuesday 31 January 2012.

December 2011: 2011-12 AUSCO Exchange Program under way

RCOA and the International Organization for Migration have commenced four exchanges under the 2011-12 AUSCO Exchange Program. The purpose of the exchanges, funded by DIAC, is to support the development of post-arrival orientation programs for refugees which complement the pre–departure orientation provided under the Australian Cultural Orientation (AUSCO) program and to strengthen the links between Humanitarian Settlement Services (HSS) and AUSCO trainers.

In September, RCOA selected four HSS services and their nominated Guest Trainers through an Expression of Interest process to participate in the program. Those selected were: Louise Carter from Anglicare North Coast (Coffs Harbour NSW); Fleur Noonan from PVS Workfind (Perth); Aiah Thomas from Multicultural Development Association (Brisbane) and Regina Betts from Migrant Resource Centre of South Australia.

These agencies will each host a two-week attachment for AUSCO trainers from Malaysia, Thailand, Nepal and East Africa. The four Guest Trainers will be deployed to provide support to the AUSCO training programs for a similar period in these countries. All four Guest Trainers attended selected sessions of the AUSCO Conference in Canberra in November and two-week attachments of two AUSCO trainers took place in Perth and Coffs Harbour immediately following the Conference. The other exchanges will take place between January and June.

December 2011: New Settlement Grants Program funding round open

The latest funding round for the Settlement Grants Program (SGP) was launched by Minister for Immigration and Citizenship Chris Bowen and Parliamentary Secretary for Immigration and Multicultural Affairs Kate Lundy at Cabramatta Community Centre on 15 December. The revised SGP aims to focus on long-term projects and core community services rather than individual, ad hoc projects. Grants will now be available for one, two or three year periods, with a provision for a one-off extension for three year grants. The revised program also has a more specific focus on young people and ethno-specific organisations.

Applications for the funding round close on 1 February 2012. For further information including details on how to apply for an SGP grant, go to
www.immi.gov.au/living-in-australia/delivering-assistance/settlement-grants/applyingforsettlementgrants.htm

December 2011: UNHCR ministerial meeting makes a “quantum leap” on statelessness

Between 7 and 8 December, UNHCR hosted a ministerial-level meeting in Geneva to commemorate the 60th anniversary of the 1951 Refugee Convention and the 50th anniversary of the 1961 Statelessness Convention. The meeting resulted in a number of significant breakthroughs on statelessness, with UN High Commissioner for Refugees Antonio Guterres describing the meeting as a “quantum leap” forward in improving protections for stateless people.

At the meeting, 20 countries pledged to ratify one or both of the two key Conventions on statelessness and 25 countries pledged to improve protections for stateless people. Australia was among the latter, with Minister for Immigration and Citizenship Chris Bowen pledging to improve Australia’s procedures for indentifying stateless people and assessing their claims. Australia also pledged to implement its complementary protection legislation, enhance the delivery of durable solutions, promote increased opportunities for resettlement, prioritise the protection of women and girls and enhance regional cooperation in the Asia-Pacific.

Two students from Fairfield High School who arrived in Australia as refugees attended the meeting along with their school principal as part of the Australian delegation. RCOA President John Gibson also attended the meeting as an NGO observer.

Minister Bowen’s statement, which includes all of the pledges made by Australia, can be read at www.geneva.mission.gov.au/gene/Statement275.html. Further information about the meeting can be found at www.unhcr.org/pages/4d22fd496.html.

December 2011: Congratulations to 2011 Human Rights Award winners and finalists

RCOA extends its congratulations to the winners and finalists of the Australian Human Rights Commission’s 2011 Human Rights Awards. This year’s awards included many individuals and organisations whose work has involved supporting refugees or raising awareness about the issues affecting refugees:

Former refugee Tshibanda Gracia Ngoy, winner of the Young People’s Human Rights Medal, who this year was our keynote speaker at the Sydney launch of Refugee Week;
The Refugee and Immigration Legal Centre (RILC), winner of the Law Award, an RCOA member whose legal team led the High Court challenge of the Malaysia deal earlier this year;
David Manne, finalist for the Human Rights Medal for his work as Executive Director of RILC;
Andre Dao, finalist for the Young People’s Human Rights Medal for his work as an author and editor, which has involved promoting the personal stories of refugees;
Rosemarie Milsom, finalist for the Print and Online Media Award for an article about the resettlement experience of a Congolese refugee living in Newcastle;
SBS, finalist for the Television Award for its Go Back to Where You Came From series; and
Information and Cultural Exchange, finalist for the Community Organisation Award for its work in providing a platform for diverse and marginalised voices (including refugee voices) to be heard in Australian cultural life.

Further details about the award winners and finalists can be found at www.humanrights.gov.au/hr_awards/finalists.html.

December 2011: Sir Zelman Cowen 1919-2011

RCOA was saddened by the death of Sir Zelman Cowen, who passed away in December at the age of 92 after a long battle with Parkinson’s disease. Sir Zelman was a Patron of the Australian Refugee Foundation, established in 1998 to procure and manage funds for RCOA. He studied Arts and Law at the University of Melbourne and was awarded Rhodes scholarship to Oxford University, where he was made a Fellow of Oriel College and would later serve as its Provost. Upon his return to Australia, Sir Zelman became Professor of Public Law and Dean of the University of Melbourne’s Law Faculty. He became Vice-Chancellor of the University of New England in 1967 and of the University of Queensland in 1970. Sir Zelman was knighted in 1976 and became a Knight of the Order of Australia in the following year. He was appointed Governor-General of Australia in 1977 and served in this role until 1982. Sir Zelman was farewelled at a state funeral at St Kilda’s Temple Beth Israel synagogue.

November 2011: Asylum seeker policy on positive pathway

The Federal Government has announced its moves to wind back indefinite mandatory detention for asylum seekers who enter Australia by boat, approving bridging visas and introducing a single system to assess claims for asylum. RCOA and its members have long advocated for a fairer system for asylum seekers regardless of whether they arrived by boat or by plane. In a statement, RCOA CEO Paul Power said common sense had prevailed but noted with concern that the Government remained committed to its potential arrangement with Malaysia and to retaining the excision legislation in case it was able to expel asylum seekers from Australia in the future. View RCOA’s statement here.

Since the 25 November announcement, RCOA and other NGOs have been involved in discussions with DIAC and the Council for Immigration Services and Status Resolution about how the new arrangements can work in practice.

November 2011: RCOA turns 30

RCOA’s Annual General Meeting in Sydney doubled as a celebration of our 30th anniversary as Australia’s peak body for refugees and the organisations and individuals that support them. Last month, more than 50 people attended two public forums – one looking back at refugee and asylum seeker policy in 1981 and the other discussing future directions for government policy.

The first forum compared Australia’s refugee policy in 1981 to 2011, with thought-provoking perspectives from Fraser Government Immigration Minister Ian Macphee, his departmental secretary John Menadue and Dr Thien Nguyen who arrived as an asylum seeker from Vietnam. The second forum gave RCOA members an opportunity to ask Department of Immigration and Citizenship (DIAC) Deputy Secretary Wendy Southern about future directions for refugee and asylum seeker policy. Media coverage of the forum is available here www.youtube.com/watch?v=j242KOuSnx0

The 30th anniversary was also acknowledged by the Australian Parliament with a motion by Senator Sarah Hanson-Young agreed to by the Senate. The resolution read: “That the Senate congratulated the Refugee Council of Australia on its 30th anniversary – 30 years of wonderful work, advocacy and promotion of Australia’s multicultural society, offering important support to new arrivals and refugees.”

November 2011: New faces on RCOA board

A new RCOA Board was elected on 24 November with four new members voted in or co-opted to replace outgoing members Paris Aristotle, David Bitel, Esta Paschalidis-Chilas and Sky de Jersey (who had left the board earlier this year). The four new members are Wah Wah Naw from STARTTS in Sydney, Dr Ali Nur from the Darwin-based Melaleuca Refugee Centre, Canberra-based Fr Maurizio Pettena from the Australian Catholic and Migrant Resource Office and Muhama Yotham from Adelaide. The new board has people from every State and Territory and from 10 countries of birth and includes five former refugees. Biographical details about RCOA board members are available here.

November 2011: AUSCO Exchange Program update

In November, four Guest Trainers participating in the 2011-12 AUSCO Exchange Program met AUSCO trainers at an annual Conference organised by DIAC in Canberra. Following the conference, Beam Teasdale was attached to Anglicare North Coast for two weeks and Mingkhawan Sinthuwong–Kae linked with PVS Workfind in Perth.

Guest Trainer Louise Carter (Anglicare North Coast, Coffs Harbour) is worked for ten days with Beam on the AUSCO Program in Kuala Lumpur and Fleur Noonan (PVS Workfind, Perth) will be deployed to Mae Sot to work with Kae in Mae Sot in early February 2012. Regina Betts (Migrant Resource Centre of South Australia) will be deployed to work on the AUSCO program in Nepal in late February and the AUSCO trainer from Nepal will be attached to MRCSA following Regina’s return to Australia.

It is expected that the fourth and final exchange for this financial year, between the AUSCO Trainer Egypt to Multicultural Development Association in Brisbane and the deployment of Aiah Thomas to Kenya, is expected to take place in April-May 2012.

October 2011: RCOA members, religious groups and unions back community processing

During October, RCOA worked with the Australian Council of Trade Unions (ACTU) to develop a delegation of NGOs, religious organisations and union-affiliated bodies to visit Canberra to lobby Government MPs and Senators on the implications of the Government’s decision to focus on onshore processing and community release of asylum seekers. The delegation was supported by 17 organisations, including representatives of RCOA and its member organisations, Christian, Islamic and Jewish leaders and the Australian Council of Social Service. The message was a clear and positive one – that many Australians support the shift to onshore processing and community release and our networks will do everything we can to support the shift of asylum seekers from immigration detention.

The Qantas dispute intervened and on the day the delegation took place – October 31 – only nine of the original 17 delegation members could get to Canberra. However, the meetings went ahead and, during the course of the day, delegates had individual or group meetings with more than 30 Government MPs and Senators. The briefing paper distributed to Parliamentarians can be read here.

October 2011: Intake freeze causes dismay

RCOA expressed dismay at the Australian Government’s decision to overturn a planned increase of 1000 resettlement places under the Refugee Program. At a time when global resettlement places are in decline world-wide, keeping the program at 6000 places was the wrong decision. Last year, global resettlement places decreased by 12 per cent to just 98,761 and are expected to decline further in 2011. In 2012, it is expected that only 10 per cent of the 780,000 refugees identified by the UNHCR as being in priority need of resettlement will have the opportunity to resettle.

In the 2011-12 Federal Budget, the Australian Government announced plans, associated with the arrangement with Malaysia, to increase the Refugee Program by 1000 places to 7000 places, increasing the overall Refugee and Humanitarian Program to 14,750. The Government promised to increase refugee resettlement by 4000 places over four years regardless of the numbers of asylum seekers transferred to Malaysia. RCOA's media release on the decision can be read here.

October 2011: Government shifts towards community processing of asylum applications

The Government’s Bill to circumvent the High Court decision on the Malaysia refugee swap deal was withdrawn after it failed to secure support on the floor of Parliament. Following the collapse of Parliamentary support for the Government’s offshore processing model, the Prime Minister and Immigration Minister announced on October 13 that they would maintain onshore processing of asylum claims and shift more asylum seekers from detention into community arrangements. RCOA's media release welcoming the announcement can be read here.

In the weeks since then, RCOA has been seeking further information from the Government about how this approach will be applied in practice, also putting forward suggestions about how the Government can conduct appropriate identity, health and security checks while managing its duty of care to people seeking asylum.

Annual UNHCR gathering grapples with global refugee challenges

In October, RCOA president John Gibson, Board member Dr Melika Sheikh-Eldin and CEO Paul Power were part of a group of five Australian NGO representatives and three Australian Government officials to participate in the annual Executive Committee (ExCom) meeting of UNHCR. Melika and Paul, along with James Thomson from the National Council of Churches, were non-government delegates on the Australian Government delegation. Dr Linda Bartolomei, Deputy Director of the University of NSW’s Centre for Refugee Research, presented, on behalf of the world’s NGOs, the report of UNHCR’s annual consultations with NGOs (which took place in June). The Australian Government delegation was led by Dr Wendy Southern, Deputy Secretary of DIAC.

Key topics of discussion included: responses to major international emergencies, including those in Côte d’Ivoire, Libya and Somalia; resolving protracted refugee situations and enhancing durable solutions to refugees; the need to improve cooperation and sharing of responsibility for refugee protection; the need for more constructive approaches to asylum seeker management including avoiding practices which cause harm; and the protection needs of refugee women and girls.

RCOA has produced a document which draws together some of the most interesting insights from the ExCom debates on issues which are relevant to the refugee policy debate in Australia. This document can be viewed here.

September 2011: Regional refugee protection network urged

RCOA CEO Paul Power gave evidence to the Legal and Constitutional Affairs Committee Inquiry into Australia’s Agreement with Malaysia in Relation to Asylum Seekers, urging the Australian Government to build a lasting regional framework to protect asylum seekers in South-East and South Asia. Mr Power said RCOA remained opposed to the Malaysia refugee swap deal, citing the lack of basic legal protections for refugees and asylum seekers. Mr Power reminded senators that in South-East Asia and South Asia, 15 of the 19 states were not parties to the Refugee Convention and none of those 15 states had consistent and reliable processes to address the needs of refugees. He said that unless the situation changed, refugees and asylum seekers would continue to be forced into a mad scramble to find minimum levels of protection.

In a submission to the Inquiry, RCOA recommended the Australian Government support short-term reforms in Malaysia including the granting of legal status to refugees and asylum seekers, affording right of stay, protection against arrest, detention and deportation as well as permission to work. These initial measures could provide a stepping stone to more comprehensive, longer-term reforms such as developing domestic asylum laws and procedures for refugee status determination. The media release can be viewed here and the submission can be viewed here.

September 2011: Complementary protection legislation passed

The Australian Parliament has passed legislation to protect non-refugees at risk from persecution and torture. The Migration Amendment (Complementary Protection) Bill 2011 improves protections for people who are not found to be refugees but are still at grave risk of persecution, torture or death on return to their country of origin. The legislation provides a clear and prompt legal process for people whom Australia has committed to protecting under human rights treaties such as the International Convention on Civil and Political Rights and the Convention Against Torture. Previously, decisions on the fate of such vulnerable people lay solely with the Minister for Immigration, who could only consider the case after a lengthy process of applications, refusals and appeals was exhausted – even when the need to protect an individual from persecution was widely accepted.

The passage of the Bill follows a 10-year campaign waged by RCOA and its member organisations for legislative change. RCOA acknowledges the efforts of Minister for Immigration and Citizenship Chris Bowen and his predecessor Senator Chris Evans in drafting the legislation and seeing its passage through Parliament. RCOA’s media release can be accessed here.

September 2011: Submission lodged on immigration detention

In a submission to the Joint Select Committee on Australia’s Immigration Detention Network, RCOA urged the Federal Government to limit immigration detention to a risk management process to check the health, security and identity status of asylum seekers. The submission confirmed RCOA’s opposition to mandatory detention but acknowledged the policy was supported by both the Government and the Opposition. The submission called for asylum seekers without visas to be assessed to the same criteria as people who seek to enter the country on a temporary basis. RCOA’s submission to the Joint Select Committee on Australia’s Immigration Detention Network is available here. The media release can be accessed here.

September 2011: Offshore policy revisited

RCOA expressed deep regret at the Federal Government’s decision to attempt to overturn the August 31 High Court decision on the Malaysia deal. The Government introduced legislative amendments to allow offshore processing of asylum seekers in Malaysia and Papua New Guinea to nullify the High Court ruling that asylum seekers transferred from Australia could be sent only to countries which offer them minimum standards of legal protection. RCOA said the proposed legislation would set an even lower standard for human rights than the legislation introduced in September 2001 by the Howard Government when it established the offshore processing regime.

However, the announcement failed to address the best mechanism to deal with problems at the core of the movement of asylum seekers through Asia to Australia – an Asia-Pacific refugee protection framework. The legislation was introduced by the Government but was not supported by the Opposition, which sought to amend the legislation to revive its preferred option of offshore processing in Nauru. The legislation is still before the House. RCOA’s media release can be read here.

September 2011: Asylum seeker debate hits new low

The Government’s legislative response to the High Court decision was preceded by media reports linking asylum seeker boat arrivals with future social unrest in Australia. The comments were attributed to the Secretary of the Department of Immigration and Citizenship Andrew Metcalfe following private discussions held with the Federal Opposition. RCOA coordinated a statement on behalf of nine organisations calling on Mr Metcalfe to clarify the comments.

In the statement, RCOA, the Asylum Seeker Resource Centre, Australian Council for International Development, Coalition for Asylum Seekers Refugees and Detainees, Edmund Rice Centre, Federation of Ethnic Communities Councils of Australia, International Detention Coalition, Refugee Advice and Casework Service (Australia) and UnitingJustice Australia rejected any suggestion that Australia faces the prospect of riots or unrest similar to that seen in parts of Europe as a result of asylum seekers entering Australia. The statement can be read here.

September 2011: Edmund Rice legal opinion says Nauru and PNG invalid

The Edmund Rice Centre has commissioned legal opinion in response to last week’s High Court decision. The advice from Stephen Estcourt QC confirms that the High Court’s ruling is likely to render invalid the removal of asylum seekers from Australia to Nauru or Papua New Guinea under section 198A of the Migration Act. Mr Estcourt's advice can be downloaded here.

September 2011: More than 200 organisations call for humane asylum seeker policy

The Refugee Council of Australia has joined more than 200 organisations in an Australian Council of Social Service (ACOSS) statement calling on the Federal Government to pursue a just and humane approach to asylum seekers. More than 200 organisations are urging all political parties to stop playing politics with the lives of asylum seekers, end offshore processing and focus on policies that uphold our human rights obligations. Sign on to the statement by COB today (6 September) to be included in a full-page ad to be run in national newspapers later this week. Read the statement here.

September 2011: ACT takes lead on asylum seeker support

The ACT Government has launched a Services Access Card for asylum seekers to assist them to gain better access to ACT government services. Something as simple as not being able to understand your rights to access government services can lock many asylum seekers out of education opportunities, transport services and health care. This card goes some way to helping break down those barriers. The ACT Services Access Card – a first for any state or territory government – was developed by the ACT Government with input from the ACT Refugee, Asylum Seeker and Humanitarian Coordination Committee, a group which includes Canberra organisations working with asylum seekers (including several RCOA member organisations). The card is expected to be in operation later this year. The ACT Government will also launch an information campaign to promote awareness of the card among service providers. For more information, see RCOA’s statement welcoming the launch of the card.

September 2011: Three more countries to protect stateless people

Croatia, Nigeria and the Philippines have formally adopted international legal standards to keep stateless people from falling into legal limbo. The United Nations estimates that up to 12 million people are believed to be stateless worldwide. With no nationality, stateless people are often denied basic human rights. The UNHCR expects more countries to follow the example set by Croatia, Nigeria and the Philippines and become party to one or both of the statelessness conventions – the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Further details are available here: http://www.unhcr.org/4e7c8cd755.html

September 2011: Moree Plains Shire becomes latest Refugee Zone

Moree Plains Shire in the north-west of New South Wales, became a Refugee Welcome Zone this month, becoming the 75th local government in Australia to sign on to the initiative.

For more information about Refugee Welcome Zones, click here.

August 2011: High Court scuttles Malaysia deal

The High Court’s August 31 ruling against the Federal Government’s deal with Malaysia to swap asylum seekers and refugees has emphasised the critical importance of legal protections for asylum seekers, even in circumstances where Australia is trying to expel them. RCOA opposed the plan to transfer asylum seekers to Malaysia because of the very difficult circumstances faced by asylum seekers and refugees in that country and the lack of domestic legislation or practical measures to protect refugees.

The phenomenon of asylum seekers arriving in Australia by boat is unlikely to change appreciably until the Government focuses its attention on working with Asia-Pacific countries to bolster refugee protection standards in the region. The High Court clearly highlighted the unsatisfactory level of protection for refugees and asylum seekers in Malaysia. This lack of protection for refugees and asylum seekers is a wider concern in South-East Asia and South Asia. Unless Australia shows genuine leadership in strengthening protection for asylum seekers and refugees in South-East Asia and South Asia, people will continue to flee persecution in this region and arrive in Australia by boat.

RCOA’s statement on the ruling can be downloaded here. A summary of the judgement is available at:
http://www.hcourt.gov.au/assets/publications/judgment-summaries/2011/hca32-2011-08-31.pdf The full judgement can be viewed at: http://www.austlii.edu.au/au/cases/cth/HCA/2011/32.html

August 2011: Manus Island deal opposed

The Australian Government returned to the Pacific Solution with the signing of a MOU with Papua New Guinea to establish an “assessment centre for asylum seekers” on Manus Island.
RCOA wrote to Foreign Affairs Minister Kevin Rudd and Immigration Minister Chris Bowen expressing concern about the possible re-establishment of arrangements to detain asylum seekers on Manus Island. The MOU will be seen as Australia paying a much poorer neighbour to accept extra-territorial processing of asylum seekers to whom Australia has protection obligations and a return to the ‘Pacific Solution’ which the Government repudiated in 2007 and shut down in early 2008. RCOA’s media release can be read here.

August 2011: UNHCR launches campaign on statelessness

The 50th anniversary of the 1961 Convention on the Reduction of Statelessness was observed with the launch of a global campaign by UNHCR. Statelessness affects some 12 million people, excluding them from basic rights, education and health care. For more details on the UNHCR campaign, visit: http://www.unhcr.org/4e5cec7b9.html

August 2011: Ministerial intervention statistics now online

Statistics about ministerial intervention in individual immigration cases is now on-line and will be updated every six months. It is the first time Ministerial Intervention statistics have been published. In May, the Government also released asylum seeker and refugee statistics. Between 15 September 2010 and 30 June 2011, the Immigration Minister finalised 2020 requests for intervention and granted 437 visas – a grant rate of 22 percent. The Ministerial Intervention Statistics Australia 2010-11 publication includes the number of requests for intervention received and finalised, the types of visas granted and the citizenship of people requesting and being granted visas through intervention. The statistics are on-line at www.immi.gov.au/media/publications/statistics

August 2011: Australian Multicultural Council appointed

The Federal Government has appointed a 10-member Australian Multicultural Council (AMC) to create an overarching whole-of-government approach to multiculturalism. Five of the AMC members have direct links to RCOA member organisations – chair Judge Rauf Soulio (chair of Migrant Resource Centre of South Australia), deputy chair Gail Ker (CEO of ACCES Services Inc, Logan, Qld), Hass Dellal (chair of Centre for Multicultural Youth, Melbourne), Carmel Guerra (CEO, Centre for Multicultural Youth) and Peter Wertheim (Executive Director, Executive Council of Australian Jewry). A sixth member, Dr Tim Soutphommasane, is the son of refugees from Laos. The Prime Minister’s speech about AMC is at http://www.pm.gov.au/press-office/speech-australian-multicultural-council-launch-canberra. Media release at: http://www.minister.immi.gov.au/parlsec/media/kl/2011/kl170764.htm

August 2011: High Court injunction suspends Malaysia deal

The High Court of Australia has granted a temporary injunction preventing the removal to Malaysia of the first group of asylum seekers processed under the transfer deal, pending a full court hearing. The injunction follows an application by Melbourne’s Refugee and Immigration Legal Centre (RILC) questioning whether the deportation of asylum seekers to Malaysia is lawful under the Migration Act.

The Act stipulates that asylum seekers who arrive in excised territories can be removed to a specified country if the Minister for Immigration and Citizenship declares in writing that the country provides access to effective procedures for assessing protection claims, offers effective protection to refugees and asylum seekers and meets relevant human rights standards in providing that protection. The RILC legal team seeks to question, in light of Malaysia’s record of mistreatment of refugees and asylum seekers, whether the Minister’s declaration with respect to Malaysia is reviewable.

The case will also raise questions about the conflict of interest between the Minister’s role as guardian of unaccompanied children who seek asylum in Australia and his potential role in facilitating their deportation to Malaysia. The case is expected to be heard in the week beginning 22 August. A transcript of the High Court decision can be read at www.austlii.edu.au/au/other/HCATrans/2011/196.html

August 2011: Planned reopening of Manus Island facility undermines regional cooperation

RCOA has written to Minister for Immigration and Citizenship Chris Bowen and Minister for Foreign Affairs and Trade Kevin Rudd to express our concerns about the planned reopening of the offshore processing centre on Papua New Guinea’s Manus Island. While acknowledging that the economic exploitation of asylum seekers and the risk associated with boat journeys to Australia are serious issues, RCOA called attention to the much larger and more complex web of serious problems faced by refugees and asylum seekers in the Asia-Pacific region. RCOA is concerned that the reopening of a facility on Manus Island would represent a return to the Pacific Solution and would be viewed internationally as an effort by Australia to shift its protection obligations elsewhere, thereby undermining efforts to build regional cooperation in the Asia-Pacific. RCOA’s letter can be read here.

August 2011: Pilot project for unaccompanied humanitarian minors

The Minister for Immigration and Citizenship recently referred to a new project that will be piloted in three states to provide targeted settlement support to 16- and 17-year-old unaccompanied humanitarian minors (UHMs) who arrive without identified carers and who have been assessed as capable of living independently (see: www.minister.immi.gov.au/media/cb/2011/cb169619.htm). The pilot will be conducted by the Centre for Multicultural Youth (Victoria, www.cmy.net.au), Multicultural Youth South Australia (www.mysa.com.au) and Multicultural Development Association (Queensland, www.mdainc.org.au), with the Multicultural Youth Advocacy Network (Australia, www.myan.org.au) supporting the development and implementation of a national framework for the pilot.

The aim of the pilot is to assess whether better settlement outcomes for these UHMs can be achieved by providing services that recognise their ability to transition to living independently while supporting them to achieve more stable housing, and better employment or education outcomes. The approach will aim to strengthen the ability of UHMs to manage their lives effectively in the Australian community, without full-time supervision. It is anticipated that the pilot will begin by the end of 2011 and, following an evaluation, may be rolled out nationally.

August 2011: Press Council complaint against West Australian upheld

The Australian Press Council has upheld a complaint by Kate Swanton about the accuracy and unfairness of a West Australian newspaper article about the transfer of asylum seekers from Christmas Island to Darwin. The story, published in March, claimed some asylum seekers were transferred following a riot. Ms Swanton also complained that the newspaper did not report the Minister for Immigration’s denial that the people transferred were “the core group of troublemakers”. However, a number of letters to the editor were published that relied on that assertion that troublemakers had been “rewarded” for leading the “rampage”. The Press Council ruled the newspaper’s coverage was unfair and unbalanced. The adjudication can be read in full at:
http://www.presscouncil.org.au/document-search/adjudication-no-1502-the-west-australian-aug-2011/?LocatorFormID=677&FromSearch=1

July 2011: Australia-Malaysia deal undermines regional push for refugee protection

The transfer deal between Australia and Malaysia, formally signed on 25 July, undermines efforts to encourage governments to focus on refugee protection needs in the Asia-Pacific region. The deal sends a clear message to the region that the complex challenges of refugee protection in Asia are much less important than domestic political considerations.

Having read the text of the deal, RCOA remains very concerned for the safety of the men, women and children Australia will send to Malaysia. There is enormous responsibility on local authorities to implement the provisions of this agreement and questions remain as to how police or immigration officials who may have contact with the transferred asylum seekers will know and understand this person’s rights as opposed to the usual treatment of other refugees and asylum seekers in Malaysia.

RCOA’s media release on the signing can be read here. The text of the deal is at
www.minister.immi.gov.au/media/media-releases/_pdf/20110725-arrangement-malaysia-aust.pdf and the operational guidelines for the deal are at www.immi.gov.au/managing-australias-borders/border-security/_pdf/operational-guidelines-transfers-resettlement.pdf

July 2011: RCOA CEO and Board members visit Malaysia

Between 11 and 15 July, RCOA’s CEO Paul Power and Board members Phil Glendenning and Judyth Watson travelled to Kuala Lumpur, Malaysia, seeking feedback, ideas and suggestions to inform our response to transfer deal between Australia and Malaysia. Meetings were arranged with six Malaysian based NGOs, the Bar Council, the Human Rights Commission of Malaysia, the International Organisation for Migration (IOM) and UNHCR, as well as refugee groups.

In all meetings, three prominent unresolved problems for refugees and asylum seekers were specifically highlighted: the lack for formal work rights, which often results in people taking enormous risks by working illegally or in the informal sector; the extremely limited access of children to curriculum based education; and the lack of access to health care beyond basic primary health care due to the prohibitive expenses involved.

The potential for the transfer deal to create a two-tiered refugee system where 800 individuals have access to entitlements that almost 100,000 do not hold was also a major concern expressed in almost every meeting. RCOA will be using the feedback gathered from these meetings to formulate recommendations to the Australian Government on its activities in Malaysia. A detailed report on the visit by Judyth Watson was recently published in the newsletter of the Coalition for Asylum Seekers, Refugees and Detainees (CARAD) and is available to view online at www.carad.org.au/components/com_acajoom/upload/august2011.pdf

July 2011: Ombudsman announces inquiry self-harm and suicide in detention

The Commonwealth Ombudsman has launched an investigation into self-harm and suicide in immigration detention facilities. The investigation will consider the extent of the problem, examine its root causes and consider steps that should be taken to identify and manage those at risk of suicide and self-harm. The Ombudsman’s media release on the announcement can be read at www.ombudsman.gov.au/media-releases/show/189

July 2011: Settlement Grants Program 2011-12 funding analysis

RCOA has undertaken an analysis of the 2011-12 Settlement Grants Program (SGP) funding round, announced in June. The analysis reveals that in 2011-12, $53,276,074 in SGP grant money was announced for 178 projects to be delivered by 146 organisations. This year there was a significant increase in the overall funding announced; however, this was due to a welcome increase in the proportion of multi-year grants. 14 organisations were newly funded under the SGP in 2011-12 and 91 organisations’ SGP funding will end this financial year. The analysis can be downloaded here. This analysis builds on RCOA’s analysis of SGP funding trends from 2007-2011, which can be downloaded here.

July 2011: New IAAAS providers announced

The providers of the Immigration Advice and Application Assistance Scheme (IAAAS) for the 2011-14 period were recently announced. In this tender round there has been an increase in the number of contracts awarded to private providers and a reduction in contracts for state and territory legal aid organisations and community legal centres. A list of the new providers can be found at www.immi.gov.au/media/fact-sheets/63advice_providers.htm

July 2011: “Rising tide of violence and bloodshed” in Afghanistan

The midyear report of the United Nations Assistance Mission in Afghanistan (UNAMA) on the protection of civilians in armed conflict documents a “rising tide of violence and bloodshed” in Afghanistan over the past six months, resulting in civilian casualties “at levels without recorded precedent in the current armed conflict.” UNAMA recorded 1,462 civilian deaths in the first six months of 2011, an increase of 15 per cent compared to the same period in 2010. May 2011 was the deadliest month for Afghan civilians since UNAMA began documenting civilian casualties in 2007, with 368 civilians killed and 593 injured in conflict-related violence, closely followed by June, with 360 civilian deaths. The increasing civilian death toll, according to UNAMA, represents a “deepening entrenchment of violence in the everyday lives of Afghans”. The report can be downloaded at unama.unmissions.org/Portals/UNAMA/Documents/2011%20Midyear%20POC.pdf

June 2011: UNHCR "intransigent" on protection principles in Malaysia negotiations

UN High Commissioner for Refugees Antiono Guterres (left) with RCOA CEO Paul Power

UN High Commissioner for Refugees Antonio Guterres (left) with RCOA CEO Paul Power

During the recent UNHCR-NGO Consultations held in Geneva from June 28-30, RCOA CEO Paul Power questioned Antonio Guterres, about UNHCR’s role in the proposed asylum seeker transfer deal between Australia and Malaysia. Mr Guterres replied that he was unsure whether UNHCR would support the deal, noting that the signing of the agreement had been delayed due to UNHCR being “intransigent in relation to a certain number of very clear protection principles”. He noted that UNHCR has established “a certain number of clear bottom lines in relation to the protection of the people involved, but also to the protection environment in Malaysia” which would determine whether UNHCR would be able to support the deal. Mr Guterres also acknowledged the important role of Australian civil society in balancing the pressure from other political forces in Australia which advocate a re-establishment of the Nauru model.

To download a transcript of the question posted to Mr Guterres and his reply, click here.

June 2011: A better way: A risk based approach to immigration detention

RCOA has released a statement calling on the Australian Government to replace its policy of indefinite mandatory detention with one that uses detention purely for the purposes of managing genuine risk. The statement outlines a set of principles which should inform Australia’s approach to immigration detention: restricting detention of asylum seekers to a maximum of 30 days in which time an analysis of identity, health and security risks can be undertaken; granting an appropriate bridging visa for those asylum seekers posing no risks and providing adequate support to live in the community; ensuring that anyone not released within 30 days has their case for continued detention reviewed independently; and presuming against the detention of children and families, working to develop a practical model that sees families undergo prompt health, security and identity checks. The statement, which has been endorsed by eight other organisations, can be read here.

June 2011: Joint statement on the Nauru and Malaysian ‘solutions’

Australian NGOs have called on the Australian Government and Opposition to abandon policies aimed at punishing asylum seekers and instead focus on addressing protection concerns in the Asia-Pacific region. In a joint statement coordinated by RCOA, the 17 NGOs asserted that neither indefinite detention in the Pacific nor sending asylum seekers to uncertainty in Malaysia can be presented as a just or credible response to the needs of people seeking refugee protection in Australia. The signatories urged policy makers to focus not on the question of how to “stop the boats”, but on how to ensure that refugees in Asia-Pacific can receive effective protection. The statement recommends that the Australian Government and Opposition work cooperatively to develop a regional framework to protect people fleeing persecution. The statement can be read here.

June 2011: Refugee Conference wrap up

The 2011 Refugee Conference, held at the University of New South Wales from 14 to 17 June, was an brought together over 550 delegates from across Australia and around the world to reflect on past achievements, identify ongoing issues of concern and develop recommendations to be taken forward to the Australian Government and UNHCR.

Highlights of the Conference included the Refugee Women’s Dialogue, which brought together women from refugee backgrounds to discuss settlement challenges and strategies for reform; the Youth Forum, at which young people from refugee backgrounds worked together to identify issues of concern and recommendations for change; various contributions by Dr Jeff Crisp, head of UNHCR’s Policy Development and Evaluation Services, including a presentation on the strategies used by refugees to find their own solutions to their situation and a discussion with Professor Jane McAdam of the University of New South Wales’ Law Faculty; the launch by Dr Graeme Hugo of a new research report on the contributions of refugees and humanitarian entrants to Australian society (see below for further details); and an evening event held in honour of the late Dr Kenneth Rivett to commemorating the 60th anniversary of the Refugee Convention, at which six former refugees who arrived in Australia over the past six decades shared their stories of seeking protection.

On the final day of the Conference, delegates developed a statement urging UNHCR to condemn the proposed transfer deal between Australia and Malaysia. The statement was presented to UN High Commissioner for Refugees, Antonio Guterres, at the UNHCR NGO Consultations in Geneva on June 28 The text of the statement and a list of signatories can be viewed at www.crr.unsw.edu.au

A full Conference report and other key documents will be uploaded onto the Refugee Conference website over the coming months. Speeches from the Kenneth Rivett memorial event can be found at www.refugeefoundation.org.au/krivett.php

June 2011: Australian advocates take key concerns to Geneva

A team of Australian NGO and refugee community representatives recently travelled to Geneva to attend UNHCR’s June Standing Committee meeting, annual NGO Consultations and a series of meetings with senior UNHCR officials and Geneva-based representatives of governments.

The NGO Consultations brought together 415 NGO representatives from 73 countries and included discussion of refugee situations in different regions of the world, alternatives to detention, the role of faith-based organisations in refugee support, responses to the needs of urban refugees, statelessness among children and youth, land and property rights for refugees who return home and the struggle for durable solutions for internally displaced people. RCOA CEO Paul Power led discussions on overcoming barriers to resettlement within resettlement countries, as part of a forum on the use of resettlement as a protection tool.

The highlight of the consultations was the involvement of the 10 representatives of regional refugee women’s dialogues – the first time that a significant and representative group of refugee women had played such an active role in this gathering while still living in difficult situations in countries of first asylum. The 10 women were chosen by delegates to regional women’s dialogues held as part of the 60th anniversary celebrations for the Refugee Convention in Zambia, Uganda, Jordan, Colombia (for IDP women) and Finland (for resettled refugees). Commissioned by UNHCR, the dialogues were facilitated by the University of NSW’s Centre for Refugee Research under the leadership of Dr Eileen Pittaway.

The 10 women who travelled to Geneva spent two weeks there, also addressing the UNHCR Standing Committee in the week prior to the NGO Consultations (June 21 to 23) and participating in numerous additional meetings with UNHCR staff, government representatives and NGOs. The women spoke frankly about the extent and impact of sexual and gender-based violence in the lives of refugee women, girls, boys and young men and the regular failure of authorities to take appropriate action against perpetrators. The women also highlighted some of the many circumstances in which women and girls are forced into prostitution or survival sex just to maintain a basic food supply and shelter. Other concerns raised included the vital need for funding to help young refugees continue their education and the many barriers faced by women and girls because of lack of access to sanitary materials. The importance of supporting the development of women’s leadership was also emphasised.

June 2011: Refugee Week 2011 our most successful celebration ever

With the number of events held across Australia exceeding 200 for the first time ever, Refugee Week 2011 was our most successful celebration to date. Events included film and documentary screenings, music, dance, art and photographic exhibitions, morning teas, sporting events, prayer services, seminars and information sessions, rallies, book and project launches, workshops and public forums. Major launches were held in Sydney, Melbourne and Adelaide, with keynote speakers including Ellen Hansen, Senior Protection Officer at UNHCR Canberra; Gracia Ngoy, former refugee from the DRC and Wollongong Young Citizen of the Year; AFL North Melbourne player Majak Daw; former refugee Najeeba Wazefadost; RCOA President John Gibson; and SA Minister for Multicultural Affairs Grace Portolesi.

RCOA would like to thank the many individuals and organisations who made Refugee Week such a great success: our sponsors, the Victorian Multicultural Commission, NSW Community Relations Commission, SBS, City of Sydney, AMES NSW, AMES Victoria, ACL and Leichhardt Council; our NSW launch partners, STARTTS, Friends of STARTTS and the Australian Refugee Film Festival; Shaun Tan, who designed our beautiful Refugee Week poster; our Refugee Week Ambassadors, who played a key role in promoting Refugee Week; and the volunteers who assisted us in organising Refugee Week and running the NSW launch.

June 2011: UN refugee figures show asylum fears unfounded

UNHCR’s latest Global Trends report has confirmed that Australia’s share of asylum applications remains at just 1% of the global total. The report reveals that the number of people displaced by persecution and conflict rose by 400,000 last year to 43.7 million. Of these 15.4 million are refugees, 840,000 are asylum seekers and 27.5 million are displaced within their own countries. Of the 10.55 million refugees under UNHCR’s mandate, 75% come from just 10 countries of origin – Afghanistan, Iraq, Somalia, Democratic Republic of the Congo, Burma, Colombia, Sudan, Vietnam, Eritrea and China. Just 10 countries host 62% of these refugees. They include Pakistan, Iran, Syria, Germany, Jordan, Kenya and Chad. By contrast, Australia hosts 21,805 refugees according to UNHCR, just 0.21% of the global total. In 2010, Australia received 1.04% of the world’s asylum applications and, as at December 2010, hosted 0.45% of the world’s asylum seekers. Australia’s contribution to refugee resettlement is more substantial, being ranked third in the world with 8,516 refugees welcomed last year. The Global Trends report can be downloaded at www.unhcr.org/4dfa11499.html. RCOA’s media release on the report can be read here.

June 2011: Minister announces 62 per cent of children in community-based detention

On 29 June, Minister for Immigration and Citizenship Chris Bowen announced that 62 per cent of children in immigration detention had been moved into community-based arrangements. He also announced the closure of the detention facilities at the Virginia Palms in Brisbane and the Asti Hotel in Darwin. The expansion of community detention follows the announcement by the Australian Government in October 2010 that it would move the majority of children and vulnerable family groups into community-based accommodation by June 2011. While welcoming this expansion, RCOA remains concerned that a large proportion of children continue to be held in immigration detention facilities over eight months after the expansion of community detention began – a concern also expressed by RCOA after the original announcement in October last year. RCOA’s October 2010 media release can be read here.

June 2011: Detention inquiry a good start but action needed

RCOA has welcomed the announcement of a comprehensive parliamentary inquiry into Australia’s immigration detention system. It is hoped that the inquiry will not only reveal the enormous human and financial cost of immigration detention in Australia, but will also lead to comprehensive reform of the failed system. Specifically, RCOA has highlighted the urgent need to end the indefinite detention of asylum seekers without review and address Australia’s treatment of children seeking asylum. RCOA has also called for bipartisan support of the anticipated reforms. RCOA’s media release on the announced inquiry can be read here.

June 2011: New report highlights the contributions of refugees

A new report by Dr Graeme Hugo, one of Australia’s leading demographers, has highlighted the many economic, civic and social contributions made by refugees and humanitarian entrants to Australian society. The research, involved which interviews with 649 humanitarian families and in-depth discussions with 70 key people and organisations who provide services, employment and education to humanitarian entrants, revealed that refugees and humanitarian entrants have made a significant positive contribution to Australia: filling labour shortages in non-metropolitan areas; starting successful businesses to a greater extent even than skilled migrants; facilitating the development of trade between Australia and their countries of origin; and engaging with the community in a variety of ways, including through volunteering and supporting other new arrivals to settle successfully in their new homes. A booklet containing a summary of the research findings can be downloaded at
www.immi.gov.au/media/publications/research/_pdf/economic-social-civic-contributions-booklet2011.pdf.
The full report can be downloaded at
www.immi.gov.au/media/publications/research/_pdf/economic-social-civic-contributions-about-the-research2011.pdf.

June 2011: RCOA submission welcomes proposed detention reforms

RCOA has made a submission to the Senate Legal and Constitutional Affairs Committee inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2010. The Bill seeks to amend the Migration Act by repealing provisions relating to mandatory detention and excised offshore places, enshrining in law key principles to inform Australia’s approach to immigration detention and introducing a system of judicial review of detention beyond 30 days. RCOA welcomed the proposed amendments and made several recommendations for additional amendments, including the introduction of a requirement for security assessments for asylum seekers within a maximum time period and the inclusion of a clear time limit restricting immigration detention to a period of no longer than six months. RCOA’s submission includes detailed case studies and examples demonstrating the urgent need for reform of Australia’s immigration detention policy. The submission can be read here. Further details about the inquiry can be found at
www.aph.gov.au/senate/committee/legcon_ctte/migration_detentionreform_proceduralfairness/index.htm

June 2011: Ahmadi refugees and asylum seekers released from detention in Thailand

On 6 June, 94 refugees and two asylum seekers of Pakistani origin were released on bail from the Bangkok Immigration Detention Centre. The 96 members of the Ahmadiyya faith, a religious minority which faces serious persecution in Pakistan, were arrested in dawn raids in December 2010 and had been detained in Bangkok since. Among the 94 refugees were 34 children under the age of 12. Their release follows months of sustained lobbying by the National Human Rights Commission of Thailand, the Thai Committee for Refugees and the Asia Pacific Refugee Rights Network. It has been hailed a historic development in light of the large number of detainees released and the leading role of Thai civil society in securing their release. Further details can be found at refugeerightsasiapacific.org

June 2011: Griffith becomes 74th Refugee Welcome Zone

Griffith City Council is the latest local government area to be declared a Refugee Welcome Zone. Councillor Mike Neville, Mayor of Griffith City Council, signed the Refugee Welcome Zone declaration at a Refugee Week event on 22 June. Griffith is the 34th local government area in NSW and 74th overall to sign the declaration. Further information on the Refugee Welcome Zone initiative can be found at www.refugeecouncil.org.au/getinvolved/rwz.php

June 2011: Government rejects key UPR recommendations on asylum policy

The Australian Government recently released its official response to recommendations made under the UPR process earlier this year. Overall, 90% of the recommendations were accepted by the Government in whole or in part. However, a number of key recommendations relating to asylum policy were rejected, specifically those relating to mandatory detention and excised offshore places. Additionally, some of the recommendations were accepted by the Government on the basis that they were already reflected in Australian law and policy when in practice this is not the case. For instance, the recommendation to restrict detention of asylum seekers to the shortest time possible was accepted on the basis of the Government’s stated policy that “indefinite or otherwise arbitrary detention is not acceptable”, whereas in reality the detention of asylum seekers remains both indefinite and arbitrary. The full response can be read at www.hrlc.org.au/files/Australias-Formal-UPR-Response.pdf

June 2011: Two new state parties to key conventions on refugees and stateless persons

On 30 May, the President of the Philippines signed the Instrument of Ratification for the 1954 Convention in relation to the Status of Stateless Persons. The Philippines signed the Convention in 1955 but until now had not agreed to be legally bound by the treaty. The ratification will make the Philippines the fourth country in the Asia-Pacific region and the 67th overall to become party to the Convention. On 28 June, Nauru acceded to the 1951 Refugee Convention and its 1967 Protocol, becoming the 19th state in the Asia-Pacific region to do so. The Convention and Protocol now have 145 and 146 parties respectively.

June 2011: Australians honoured for support for refugees

The Queen’s Birthday 2011 Honours List included two people whose work in the community has included the support of refugees: Ms Cheryl Webster OAM, from Anglicare Sydney’s Migrant Services Team, for service to the community through the provision of assistance to refugees from Africa; and Mr Michael Dwyer AM, Board Member of Australia for UNHCR, for service to the community through leadership and executive roles.

May 2011: Malaysia’s appalling rights record ignored in refugee transfer deal

RCOA has expressed its concern about the Australian Government ignoring Malaysia’s record of mistreatment of asylum seekers and refugees in its rush to seal an asylum seeker transfer deal. The transfer deal, announced by the Australian and Malaysian Governments on Sunday, will see 800 asylum seekers who enter Australia by boat sent to Malaysia in return for Australia resettling 4,000 additional refugees from Malaysia over the next four years. Malaysia has not signed the Refugee Convention and has a long record of abuse and mistreatment of people seeking protection, including arbitrary arrest, detention and caning of asylum seekers.

RCOA has strongly advocated for the development of a more effective regional framework to better address the protection needs of refugee applauded the Australian Government’s efforts to advance this through the Bali Process. However, rather than working patiently to build policies which ensure the protection of the vulnerable, Australia has rushed for domestic political reasons into a bilateral agreement which will see it linked to some of the most inhumane refugee policies in Asia. The increase in the Refugee and Humanitarian Program to 14,750 places will lift it to its highest level in 16 years. However, it is deeply disappointing to see what would otherwise be welcomed as a very positive step occur under these conditions. RCOA’s media release on the transfer deal is at www.refugeecouncil.org.au/news/releases/110507_Malaysia_transfer.pdf

May 2011: NGOs around the world condemn Malaysia transfer deal

NGOs from across the Asia-Pacific and around the world have condemned the proposed refugee transfer deal between Australia and Malaysia. The Asia-Pacific Refugee Rights Network (APRRN) has issued a joint statement expressing concern about the potential violation of Australia’s obligations under the Refugee Convention and Malaysia’s record of violating refugee rights. APRRN called on Australia, Malaysia and UNHCR to instead work towards “strengthening international commitments to the rights of refugees, domestic legal frameworks which guarantee the rights of refugees, and the practical ability of refugees in the region to access their rights and to remedies for violations of their rights”. The statement can be read at refugeerightsasiapacific.org.

In May, a group of Malaysian NGOs submitted a joint memorandum to the Australian High Commission in Malaysia encouraging Australia not to proceed with the deal. Irene Fernandez, Chairperson of Tenaganita, a Malaysian NGO which protects and promotes the rights of women, migrants and refugees, described the deal as a “fundamental human rights violation”, while Eric Paulsen of Lawyers for Liberty described Malaysia as “one of the world’s worst places for refugees”. An interview with Irene and Eric can be viewed at www.freemalaysiatoday.com/2011/05/25/refugee-swap-ngos-keep-the-heat-on.

Human Rights Watch has written to Prime Minister Julia Gillard expressing concern over Malaysia’s “poor track-record of refugee protection”, particularly the torture and mistreatment of refugees in detention, the risk of refoulement, UNHCR’s limited capacity to protect refugees in Malaysia and the lack of recognition of refugees’ social and economic rights and right to freedom of movement. It called on Prime Minister Gillard to “reconsider this agreement in light of Australia’s international human rights obligations and in anticipation of the unnecessary human suffering it is likely to cause.” The letter is at www.hrw.org/en/news/2011/05/26/letter-prime-minister-gillard-regarding-refugeeasylum-seeker-exchange-agreement-mala

May 2011: Urgent need for detention reform highlighted yet again

The Australian Human Rights Commission (AHRC) report into Villawood Immigration Detention Centre has again highlighted devastating psychological impact of Australia’s policy of indefinite mandatory detention of asylum seekers. The report expressed serious concerns about the large number of people being held in immigration detention for prolonged periods of time. At the rime of the AHRC’s visit, sixty per cent of the 386 people detained at Villawood had been in detention for longer than six months, and more than forty five percent had been in detention for longer than twelve months. The report also called attention to the “noticeable impacts” of prolonged detention on detainees’ mental health, describing the “palpable sense of frustration and incomprehension” amongst many detainees and the increasing incidence of self-harm. The full report is available at
www.humanrights.gov.au/human_rights/immigration/idc2011_villawood.html RCOA’s media release on the report can be read here.

May 2011: New reports on alternatives to detention

UNHCR recently released a report on alternatives to immigration detention, which includes a review of international law that governs immigration detention and the alternatives, and provides a critical overview of existing and possible alternatives to detention. The full report is available at www.unhcr.org/refworld/docid/4dc935fd2.html.

The International Detention Coalition also recently launched a new handbook aimed at preventing unnecessary immigration detention and outlining good practice examples of alternatives to detention. The handbook is at idcoalition.org/handbook.

May 2011: Federal Budget highlights blowout in detention costs

RCOA’s summary of measures in the Federal Budget highlights massive increases in the costs of Australia’s detention network and its management of asylum seekers arriving by boat. Immigration detention will cost more than $800 million in 2011-12. The Government is planning to spend $1.058 billion on its Offshore Asylum Seeker Management program, most of it on implementing the mandatory detention policy. The allocation to this program has tripled in two years. Other Budget measures include the increase in the Refugee Program (1000 places tied to the Malaysia transfer deal), modest increases in funding of settlement support and a raft of new border security measures. RCOA’s summary of the Federal Budget is at www.refugeecouncil.org.au/resources/budget/2011-12_Budget_brief.pdf

May 2011: Government plans reopening of Pacific Solution detention centre

The Australian Government has confirmed news reports that it is negotiating with the Government of Papua New Guinea to reopen a detention centre on Manus Island. RCOA believes that the reintroduction of extra-territorial processing of asylum seekers would result in a re-emergence of the many problems which the current Government rightly criticised in the Pacific Solution, leaving people found to be in need of protection from persecution waiting indefinitely in remote detention while the Australian Government attempts to find other countries willing to take them. The plan would undermine Australia’s efforts to encourage its neighbours to take refugee protection more seriously and to engage refugee resettlement states in working together to share responsibility for other refugee needs in the region. RCOA’s media release on the plan is at
www.refugeecouncil.org.au/news/releases/110506_Manus.pdf

May 2011: Asylum concerns raised with UN High Commissioner for Human Rights

Last month’s visit to Australia of the UN High Commissioner for Human Rights, Navi Pillay, provided RCOA and other NGOs the opportunity to raise concerns about aspect of Australia’s treatment of asylum seekers. In a roundtable with NGOs hosted by Amnesty International, Ms Pillay heard about: the impacts of the policy of indefinite mandatory detention; the lack of procedural fairness for refugees who had been denied security clearances by the Australian Security and Intelligence Organisation; Australia’s plans to externalise its asylum policies to neighbouring countries; and the toxic national political debate about asylum. Ms Pillay later spoke to political leaders about her concerns, raising them also in a Sydney public forum hosted by the Australian Human Rights Commission. A summary of Ms Pillay’s comments at the forum are at http://humanrights.gov.au/about/media/news/2011/43_11.html

May 2011: NGOs highlight inaccurate Australian claims about mandatory detention

The Universal Periodic Review (UPR) process, conducted by the United Nations Human Rights Council, involves a review of the human rights records of all 192 UN Member States once every four years. Australia appeared before the UPR on 27 January 2011. During the review, a significant number of countries asked questions and made recommendations about Australia’s immigration policies, in particular the practice of mandatory detention. An Australian delegation gave a preliminary response to those questions during the January review. The response raised alarm for a number of leading human rights and refugee advocacy organisations, as it did not accurately reflect Australian law, policy or practice on refugee and asylum seeker issues. On 4 May, a coalition of NGOs sent a letter to the UN ambassadors of each of the countries which raised concerns about Australia’s migration policies. The coalition included RCOA, the Human Rights Law Centre, Human Rights Watch, the Asylum Seeker Resource Centre, the Refugee and Immigration Legal Centre and the Migrant and Refugee Rights Project at UNSW. The letter is available at
www.hrlc.org.au/files/UPR-Australias-comments-on-Immigration-Detention.pdf.

May 2011: New statistics reveal high overturn rate for offshore asylum determinations

A new publication on asylum statistics has again raised questions about the robustness of Australia’s non-statutory refugee status determination process for irregular maritime arrivals (IMAs) who arrive through excised territories. The statistics revealed a dramatic decrease in the primary Protection Visa grant rate for IMAs, which dropped from around 70% in 2009-10 to less than 30% in the first six months of 2010-11. However, the statistics also revealed that close to 80% of primary decisions were overturned on review, compared to around 50% in the previous financial year. The statistics can be downloaded at www.immi.gov.au/media/publications/statistics/asylum

May 2011: Review finds substandard service provision in Newcastle

Key settlement service providers in Newcastle have been put on notice following the findings of an independent review into refugee support in the region. The review, conducted by Ernst and Young, found that some refugees settling in Newcastle had received substandard services. In response, the Department of Immigration and Citizenship has announced a further independent review of performance measures and contract management processes, an audit of financial management under the Integrated Humanitarian Settlement Strategy contract and an inspection all accommodation provided to clients in the area, including the relocation of people in inappropriate residences. A joint media release issued by Minister for Immigration and Citizenship Chris Bowen and Parliamentary Secretary for Immigration and Multicultural Affairs Kate Lundy in response to the review’s findings, along with links to Ernst and Young’s report and recommendations, can be found at www.minister.immi.gov.au/media/cb/2011/cb165699.htm

May 2011: New AMEP contracts announced

The Department of Immigration and Citizenship has recently announced the successful tenders for the Adult Migrant English Program (AMEP), with new 3-year contracts due to start on 1 July. The new AMEP business model will include increased education and vocational counselling and flexible pathways into further ESL courses, education, employment and vocational training. Eligibility for the AMEP has also been extended to 15- to 17-year olds who have discontinued their schooling within the first year of arrival in Australia. The 2011-14 AMEP providers are: Canberra Institute of Technology (ACT); NSW Department of Education and Communities Consortium and Navitas English (NSW); Charles Darwin University (NT); Training Queensland (QLD); TAFE South Australia (SA); Tasmania Polytechnic (TAS); AMES Victoria and Northern AMEP Consortium (VIC); and Polytechnic West AMEP and Central TAFE (WA). A single national contract has also been awarded to a consortium of AMES Victoria, Navitas English, Charles Darwin University, DeakinPrime and Australia Network to deliver distance/e-learning services and develop e-learning materials for the AMEP and AMEP Flexible Learning Network. Information about these announcements can be found at www.newsroom.immi.gov.au/media_releases

May 2011: RCOA submission on changes to character test for asylum applicants

RCOA recently made a submission to the Senate Legal and Constitutional Affairs Committee inquiry into the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011. RCOA took issue with the Bill in its entirety, advising that the proposed amendments would not “fix” the problem of unrest in detention centres but instead would likely do more harm to vulnerable groups. Instead of amending the character test, RCOA recommended that the Government consider how to alleviate the pressures of immigration detention. The Committee acknowledged these and similar issues raised by the organisations which made submissions to the inquiry, but contended that DIAC had “been able to satisfactorily clarify most of the issues”. The Committee therefore recommended that the Bill’s Explanatory Memoranda should be modified to clarify these issues, but that the Bill should be passed without amendment. Greens Senator Sarah Hanson-Young issued a dissenting report recommending that the Bill should not be passed on the basis that the amendments are unnecessary, disproportionate and inconsistent with both domestic and international law. RCOA’s submission on the Bill can be read here. Further details about the inquiry can be found at
www.aph.gov.au/senate/committee/legcon_ctte/migration_strengthening/index.htm

May 2011: Complementary Protection Bill passes the House of Representatives

The Migration Amendment (Complementary Protection) Bill 2011 was passed the House of Representatives on 25 May 2011. The establish a formal administrative process for assessing the claims of persons who do not fit the Refugee Convention’s formal definition of a refugee but who would still be at grave risk of persecution, torture or death if returned to their country of origin. It would enable asylum seekers to apply for protection on the basis that they would suffer “significant harm” if returned to their country of origin. The text of the Bill can be read at www.comlaw.gov.au/Details/C2011B00022

May 2011: Mandatory sentencing “out of kilter”: NT Supreme Court judge

On 19 May, Justice Judith Kelly delivered a sentence to Edward Nafi, an Indonesian fisherman who had pled guilty to people smuggling offences after transporting asylum seekers to Australia by boat in June 2010. Under the mandatory minimum sentencing provisions in the Migration Act, Mr Nafi was sentenced to eight years imprisonment with a non-parole period of five years. In handing down the judgement, Justice Kelly described the sentence as “completely out of kilter with sentences handed down in this Court for offences of the same or higher maximum sentences involving far greater moral culpability including violence causing serious harm to victims.” She stated that legislation had compelled her to hand down a harsher sentence than she considered appropriate given the circumstances of the case, noting that had it not been for the mandatory minimum sentencing regime, she would have recommended imprisonment for three years with a non-parole period of 18 months. Justice Kelly’s comments can be read at
www.supremecourt.nt.gov.au/remarks/documents/Nafi_19052011_21102367_SenNet.pdf

Last year, new legislation was introduced which increased the mandatory minimum penalties sentences for people-smuggling offences. In April 2010, RCOA made a submission to the Senate inquiry into this legislation in which we (along with many other organisations) cautioned that mandatory sentencing can result in an inappropriate penalty being delivered. RCOA proposed that the existing provisions on mandatory sentencing in the Migration Act should not be altered and that consideration should be given to removing all provisions on mandatory minimum penalties from the Act. Neither recommendation was adopted. RCOA’s submission can be read here.

May 2011: Opposition turns settlement research into attack on refugee arrivals

While all involved in refugee policy in Australia have become somewhat inured to divisive political debate, we at RCOA found ourselves shocked by the Federal Opposition’s wilful distortion of the findings of a report on the settlement of new arrivals. The Settlement of New Arrivals report draws together findings of voluntary surveys from 5,378 refugee and humanitarian entrants who have arrived in Australia in the past five years. It shows that, at the time of completing the survey, 36.5% were employed or in business for themselves, 14.6% were unemployed and 46.7% were studying (a quarter of them also employed), with others caring for family or retired. This report shows that the first five years in Australia is a period of rebuilding and transition, in which refugee and humanitarian entrants spend time learning English, improving their skills and seeking entry to the Australian workforce. The Opposition’s statement on the report reads like a parody of demonising political rhetoric about refugees, inviting the Australian public to fear “a toxic social cocktail” of welfare dependency, entitlement, enclaves and intergenerational social problems, all manipulated by people smugglers. RCOA’s response to the Opposition’s statement is at
www.refugeecouncil.org.au/news/releases/110505_SONA.pdf. The Settlement of New Arrivals report can be downloaded at
www.immi.gov.au/media/publications/research/_pdf/settlement-outcomes-new-arrivals.pdf

April 2011: Scrutiny of detention by Ombudsman welcomed

RCOA has welcomed the Commonwealth Ombudsman’s announcement to use his ‘own motion’ powers to investigate the use of force against asylum seekers on Christmas Island last month. At the time RCOA expressed deep concern over the use of weapons and questioned how the situation at the North West Point detention centre was being handled. RCOA hopes that this upcoming investigation will present the Government with alternative approaches which will avoid further tension and individual suffering in detention. RCOA’s media release on the announcement is at
www.refugeecouncil.org.au/news/releases/110414_Omb_CI.pdf. The Ombudsman’s release can be viewed at www.ombudsman.gov.au/media-releases/show/175

April 2011: Increase in long-term detention at heart of unrest

As Australia pondered the causes and implications of the destructive protests in Villawood and Christmas Island, RCOA drew attention to the fact that the Australian Government’s asylum policies have resulted in a 1400% increase in long-term detention in just one year. While the overall number of immigration detainees grew by 196%, those detained for longer than six months grew seven times faster – from 258 in March 2010 to 3,901 in March 2011. The Government has been repeatedly warned by its advisory bodies, mental health specialists and refugee organisations that an increase in long-term detention would result in more incidents of self-harm and increased unrest in detention centres. RCOA has again urged the Government to examine alternatives policies, such as those employed by nations including Sweden, Canada, South Africa, Belgium and the United States, which see asylum seekers being released to live in the community after a short, defined period of detention for health, security and identity checks. For further details, see www.refugeecouncil.org.au/news/releases/110427_MigAct_changes.pdf

April 2011: Government announces changes to character test for asylum seekers in detention

The Australian Government responded to unrest at Villawood and Christmas Island detention centres by announcing a series of planned changes to the Migration Act. Under the proposed changes, a person convicted of any offence committed while in immigration detention will fail the character test; and the maximum penalty for the manufacture, possession, use or distribution of weapons by immigration detainees will increase from three to five years’ imprisonment. Immigration Minister Chris Bowen also indicated that he intends to use the full extent of his powers to prevent individuals who have been involved in criminal, violent or destructive behaviour from being allowed to apply for a permanent protection visa. Instead, these individuals may be granted temporary visas which do not permit family reunion. RCOA fears that the changes could result in a refugee who commits one misdemeanour or minor offence while in the pressure cooker environment of long-term detention being denied protection and unity with his or her family for life. RCOA’s media release on the changes can be viewed at www.refugeecouncil.org.au/news/releases/110427_MigAct_changes.pdf

April 2011: RCOA calls for overhaul of immigration detention

RCOA has expressed dismay at the Australian Government’s announcement that it will develop yet another immigration detention facility. The recent protests on Christmas Island and the suicides of two detainees in as many weeks have again highlighted the need for the Australian Government to overhaul its immigration detention strategy, rather than building new centres. The current system of indefinite, mandatory detention is at odds with the Government’s own policy on immigration detention, which states that it should be used “as a last resort and for the shortest practicable time.” RCOA is calling on the Australian Government to review its detention strategy with a view to developing processes for community supervision of asylum seekers after appropriate health, identity and security checks have been carried out – a practice which has been adopted successfully in many other western countries.
RCOA’s media release on the new Tasmanian detention centre can be read here: www.refugeecouncil.org.au/news/releases/110405_Tas_detention.pdf. Our media release on the Christmas Island protests can be read here: www.refugeecouncil.org.au/news/releases/110315_CI_protests.pdf. A timeline of the Christmas Island protests compiled by RCOA is available at www.ajustaustralia.com/info/CIMarch2011_protest_timeline.pdf.
RCOA through the A Just Australia campaign is encouraging members and supporters to take action on immigration detention by writing to Minister for Immigration, the Hon Chris Bowen MP. For further information and to take action, visit www.ajustaustralia.com

April 2011: RCOA submission to inquiry on multiculturalism

RCOA made a submission to the Joint Standing Committee’s on Migration Inquiry into Multiculturalism in Australia in April, welcoming the new policy and making a number of recommendations, including a call for the Government to investigate ways to provide public information and education on multicultural and migration issues, including information on refugees and asylum seekers; the need for specific refugee-related and multicultural components to be included for consideration in the development of the national curriculum; that the Government engage directly with refugee community diasporas in developing bilateral and multilateral relations in regard to economic development and human rights issues; and that DIAC articulate a more detailed settlement framework, explaining the goals of the settlement program and the respective roles of each funding program. The submission can be read here. Further details about the inquiry can be found at www.aph.gov.au/house/committee/mig/multiculturalism

April 2011: New Humanitarian Settlement Service providers announced

The new Humanitarian Settlement Service (HSS) providers were announced on 5 April. There have been several changes of provider under the new contact, with Settlement Services International and Resolve FM taking over the contract for both Sydney regions; the Multicultural Development Association taking over the contract for South West Queensland; and PVS Workfind, the Multicultural Services Centre of WA and Communicare taking over the contract for both Perth regions. The contract for the Riverina region is still under negotiation. DIAC expects to finalise negotiations in the coming days. A list of HSS providers can be found at
www.immi.gov.au/living-in-australia/settle-in-australia/find-help/hss/hss_service_providers.pdf. Parliamentary Secretary for Immigration and Multicultural Affairs Kate Lundy’s media release on the announcement can be found at
www.katelundy.com.au/2011/04/05/new-humanitarian-settlement-services-providers-announced

March 2011: UNHCR releases latest statistics on asylum application in industrialised countries

UNHCR’s statistical overview of asylum applications in industrialised countries during 2010 has again revealed that Australia’s share of global asylum applications remains very small. In 2010, Australia received 8,250 asylum applications, just 2.2 per cent of the 358,840 applications received across 44 industrialised nations. Of the 44 nations, Australia was ranked 14th overall and was 17th on a per capita basis. The industrialised countries with the largest number of asylum applications in 2010 were the United States (55,530), France (47,790), Germany (41,330), Sweden (31,820), Canada (23,160) and the United Kingdom (22,090). Asylum applications in Australia increased by around 30 per cent compared to the previous year. In real terms, however, this amounted to only 2,000 additional applications. Furthermore, while the number of applications in Australia increased, our global share of asylum applications remained steady at around two per cent. By comparison, the United States experienced a 13 per cent increase in asylum applications, which in real terms amounted to over 6,500 additional applications; and Germany’s share of asylum applications almost doubled from seven per cent in 2009 to 12 per cent in 2010.

Serbia was the largest source country for people making asylum applications in industrialised countries. A total of 28,901 applications were lodged by Serbians, the vast majority in European countries. Only five Serbians sought asylum in Australia. Afghanistan was the second largest source country for people making asylum applications in industrialised countries. The 1,262 applications lodged in Australia by Afghans made up only five per cent of the international total of 24,769. Afghans were over four times more likely to lodge an application in Germany than in Australia. The UNHCR report is available for download here: www.unhcr.org/4d8c5b109.html

March 2011: RCOA calls for reform of security assessment processes for asylum seekers

RCOA has made a submission to the Parliamentary Joint Committee on Intelligence and Security’s Review of Administration and Expenditure in Australian Intelligence Agencies. In the submission, RCOA expressed concern about the length of time taken to complete ASIO assessments for people seeking refugee protection, the impact on individuals of adverse findings and the absence of any independent review mechanism or capacity to respond to a negative assessment. The submission recommended that the Government implement strategies to expedite security assessments relating to protection claims and ensure all assessments are conducted within a reasonable timeframe; develop procedures to release from detention asylum seekers deemed not to pose a security risk; and amend legislation to allow Protection Visa applications who have received a negative security assessment to appeal the decision. Further information about the inquiry can be found at www.aph.gov.au/house/committee/pjcis/adminexp9/index.htm. RCOA’s submission can be read at www.refugeecouncil.org.au/resources/submissions/1103_ASIO_sub.pdf

March 2011: Bali Process develops first regional agreement on irregular movement

The Fourth Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime, co-chaired by Australia and Indonesia, was held in Bali on 30 March. At the conference, participating Ministers agreed that “an inclusive but non-binding regional cooperation framework would provide a more effective way for interested parties to cooperate to reduce irregular movement through the region”. In recognition of the impact of inconsistent standards of refugee protection on irregular movement, participating Ministers agreed that “asylum seekers should have access to consistent assessment processes, whether through a set of harmonised arrangements or through the possible establishment of regional assessment arrangements”. The Final Co-Chairs’ Statement, outlining the key outcomes from the conference, can be downloaded at www.baliprocess.net/files/110330_FINAL_Ministerial_Co-chairs%20statement%20BRMC%20IV.doc

March 2011: RCOA 2011-12 intake submission released

RCOA’s 2010-11 submission on Australia’s Refugee and Humanitarian Program is now available for download from our website. The submission brings together community views gathered from consultations involving more than 230 people across Australia’s eight states and territories, feedback from key NGO representatives from South-East Asia and South Asia and extensive research drawing on a wide range of national and international sources. It includes 28 recommendations to the Australian Government on the planning of the Refugee and Humanitarian Program, developing a sustainable regional protection framework, humanitarian family reunion and public discourse on Australia’s refugee policies. It also identifies a number of priority issues relating to refugee settlement and onshore protection. The submission can be downloaded at www.refugeecouncil.org.au/resources/intakesub.php

March 2011: Government gets it wrong with more detention centres in Darwin

RCOA has expressed dismay at the Australian Government’s announcement that it will expand immigration detention facilities in Darwin. RCOA believes that the decision to build a new 1500-bed detention centre at Wickham Point and to expand the Darwin Airport Lodge by 400 beds will do nothing to address the underlying problems in Australia’s approach to immigration detention. The continued expansion of detention centres is contrary to the Government’s own detention policy for using such centres “as a last resort and for the shortest practicable time”. It is also at odds with detention policies applied successfully across Europe and North America which see asylum seekers released into community arrangements after identity, health and screening processes. RCOA’s media release can be read here: www.refugeecouncil.org.au/news/releases/110304_Detention.pdf

March 2011: RCOA takes concerns to Parliament House

Between March 1 and 3, RCOA coordinated a series of meetings in Parliament House in Canberra to raise issues of concern to RCOA and its member organisations. The meetings, involving eight representatives of RCOA and four member organisations, were held with MPs, Senators and advisers associated with the Labor, Liberal, National and Greens parties and Independents in both Houses of Parliament. Among them were Government and Opposition frontbenchers, committee chairs and key Independents, including Chris Bowen, Kate Lundy, Trish Crossin, Maria Vamvakinou, Julie Bishop, Scott Morrison, Michaelia Cash, Teresa Gambaro, Ian Macdonald, Sarah Hanson-Young, Nick Xenophon and Rob Oakeshott.

Matters discussed included: the many impacts of the policy of indefinite mandatory detention for asylum seekers arriving by boat; the serious delays in security clearances for refugees recognised by Australia; the Government’s complementary protection legislation; the very limited level of support for community-based asylum seekers; Australia’s Memorandum of Understanding with Afghanistan on returns; the tentative steps towards an Asia-Pacific regional protection framework; and the impact of the shrill political debate about asylum seekers.