News archive: 2011

March 2011

• UNHCR releases latest statistics on asylum application in industrialised countries
• RCOA calls for reform of security assessment processes for asylum seekers
• Bali Process develops first regional agreement on irregular movement
• RCOA 2011-12 intake submission released
• Government gets it wrong with more detention centres in Darwin

February 2011

• Complementary Protection Bill offers greater protection for vulnerable people
• Ombudsman calls for reform on Christmas Island
• Minister announces new multicultural policy

January 2011

• A missed opportunity to scrap Australia's unfair system of offshore processing
• Grave concerns over Australia's MoU with Afghanistan
• Internal Review of Christmas Island tragedy
• High Court rejects case to release children from detention
• Australia appears before Universal Periodic Review
• Australians honoured for support of refugees

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.

February 2011: Complementary Protection Bill offers greater protection for vulnerable people

RCOA has welcomed the introduction of a new Bill designed to improve Australia’s processes for protecting non-refugees from persecution and torture. The Migration Amendment (Complementary Protection) Bill 2011 would 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. At present, the fate of such people lies solely with the Immigration Minister who can consider the case only after a very lengthy system of applications, refusals and appeals is exhausted. The Bill would replace this lengthy, bureaucratic and arbitrary approach with a more efficient, cost-effective and transparent system.  

However, RCOA remains concerned about several aspects of the legislation. Specifically, the threshold requirements for complementary protection are too complex and restrictive, potentially leading to inconsistencies in decision-making and the denial of protection to people who require it; the requirement that a person facing the death penalty must be able to establish that the penalty will be carried out imposes too onerous a burden of proof; and the requirement that a person must face a personal risk, as opposed to a risk faced by the general population, is ambiguous and could result in the denial of protection to people who need it. RCOA recommends that these provisions be amended before the legislation is passed to ensure that Australia upholds human rights treaty obligations. The text of the Bill can be accessed through www.aph.gov.au/bills/index.htm. RCOA’s media release on the Bill can be read at www.refugeecouncil.org.au/news/releases/110224_Complementary_protection.pdf.
RCOA’s 2009 submission on the first draft of the Bill can be read at www.refugeecouncil.org.au/resources/submissions/0909_Complementary_Protection_sub.pdf

February 2011: Ombudsman calls for reform on Christmas Island

The Commonwealth Ombudsman released his report on immigration processes on Christmas Island on 2 February. The report expressed concern about a range of issues relating to the treatment of asylum seekers detained on Christmas Island, including the timeliness of the status assessment process, the lack of adequate services and facilities, overcrowding and the treatment of unaccompanied minors and families with children. In light of these conditions, the report asserts that “the stage has been reached where the current scale of operations on Christmas Island is not sustainable”. The report makes six recommendations to Government to improve conditions on Christmas Island. The report can be read at
www.ombudsman.gov.au/files/christmas_island_immigration_detention_facilities_report.pdf

February 2011: Minister announces new multicultural policy

RCOA welcomes the announcement by Immigration Minister Chris Bowen of a new a new national multicultural policy, The People of Australia. The policy was unveiled at an address given by the Minister at the Sydney Institute on 16 February. Among the policy measures to be introduced will be the establishment of a new independent advisory body, the Australian Multicultural Council, to act as a champion for multiculturalism in the community and advise the Government on multicultural affairs; the formulation of a National Anti-Racism Partnership and Strategy; and the renaming of the position held by Senator Kate Lundy to Parliamentary Secretary for Immigration and Multicultural Affairs.

January 2011: A missed opportunity to scrap Australia's unfair system of offshore processing

The Australian Government has missed the opportunity to establish a single, consistent and fair refugee determination system for all persons who seek asylum in Australia. The Government’s response to the November 11, 2011 High Court ruling failed to address the fundamental unfairness of maintaining separate processes for asylum seekers who reach the Australian mainland and those who arrive through excised offshore territories. Under the changes announced in January, asylum seekers arriving in excised territories will undergo a new status determination process called a Protection Obligations Determination (POD). An initial assessment called a Protection Obligations Evaluation will be conducted by a DIAC officer to determine whether the asylum seeker is owed protection. If the assessment is successful, a recommendation will be made to the Minister to enable a Protection Visa application to be lodged. If the assessment is unsuccessful, the asylum seeker – instead of undergoing a full status assessment process – will be “fast tracked” to an Independent Protection Assessment.

Failed applicants will have a right to appeal to the Federal Magistrates Court, Federal Court and finally the High Court if they feel that they have been denied procedural fairness or there has been a legal error in the handling of their case. They will also have the opportunity to respond to information that may be detrimental to their asylum claim.  Asylum seekers in excised zones will continue to lack access to the Refugee Review Tribunal. A transcript of the press conference at which the changes were announced can be read here: www.minister.immi.gov.au/media/cb/2011/cb157099.htm. RCOA’s media release on the changes on the new system can be read here:
www.refugeecouncil.org.au/news/releases/110107_Offshore_processing.pdf

January 2011: Grave concerns over Australia’s MoU with Afghanistan

RCOA has joined 46 other organisations and 16 individuals in expressing grave concerns over the recent Memorandum of Understanding (MoU) signed between the Governments of Australia and Afghanistan and UNHCR. The MoU permits the involuntary repatriation of failed Afghan asylum-seekers from Australia to Afghanistan, including unaccompanied minors and other Afghan children who have become separated from their families. In a joint statement issued in 26 January, RCOA and others called attention to the ongoing violence and security threats in Afghanistan and the continuing persecution faced by many Afghans, including members of the Hazara ethnic minority. The statement rejects the MoU and calls on the Australian Government address its humanitarian obligations and provide leadership and asylum for persons fleeing from Afghanistan. The joint statement can be read here: www.erc.org.au/mou. The text of the MoU can be read here:
www.minister.immi.gov.au/media/media-releases/_pdf/mou-with-afghanistan-unhcr.pdf

January 2011: Internal Review of Christmas Island tragedy

Customs and Border Protection has released an Internal Review of its response to the tragic boat accident which occurred on the coast of Christmas Island on 15 December 2010. The Internal Review found that Customs and Border Protection did not have any intelligence that would indicate that the boat had had departed Indonesia or was likely to arrive at Christmas Island at the time that it did. It further noted that all personnel acted in accordance with the relevant policies, processes and procedures and exercised good judgement. The Internal Review can be read here: www.customs.gov.au/webdata/resources/files/110124CustomsInternalReview.pdf

January 2011: High Court rejects case to release children from detention

The High Court has rejected a case launched by Sister Brigid Arthur to secure the release of four young Afghan asylum seekers from immigration detention. The four unaccompanied minors have been detained since February 2010, during which time their mental health has deteriorated significantly. While acknowledging that there was ''strong and uncontested evidence'' that the minors are at serious risk of psychological and other harm whilst in detention, the High Court ruled that the plaintiffs had not been able to establish that their detention was unlawful. A transcript of the decision can be read at www.austlii.edu.au/au/other/HCATrans/2011/1.html

January 2011: Australia appears before Universal Periodic Review

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. The review scrutinised a wide range of human rights issues in Australia and made 145 recommendations for improving Australia’s human rights protections. The review called on Australia to safeguard the rights of refugees and asylum seekers and honour its obligations under the Refugee Convention, particularly in relation to non-refoulement and the treatment of asylum seekers who arrive without authorisation. It also urged Australia to review its mandatory detention regime through limiting detention to the shortest time necessary, improving conditions in detention, considering alternatives to detention and addressing the detention of children. The review also recommended that Australia should continue to work with countries in the region to strengthen regional frameworks for addressing irregular migration in a comprehensive and sustainable manner. Further information about Australia’s appearance before the UPR can be found at www.ohchr.org/EN/HRBodies/UPR/PAGES/AUSession10.aspx. RCOA’s submission to the UPR process can be read at www.refugeecouncil.org.au/resources/submissions/1007_UPR_sub.pdf

January 2011: Australians honoured for support of refugees

The Australian Honours List announced on Australia Day 2011 included 10 people whose work in the community has included the support of refugees: Professor Louise Newman AM, Director of the Monash University Centre for Developmental Psychiatry and Psychology, who is also involved in advocacy for refugees and asylum seekers, including as Convener of the Alliance of Health Professionals for Asylum Seekers; Ms Margaret Piper AM, a consultant with over two decades of experience working in the refugee sector, including as RCOA’s Executive Director from 1991 to 2005; Ms Kathy Ragless AM, Director of Companion House, a specialist provider of torture and trauma rehabilitation services for refugees and asylum seekers in the ACT; Mr Peter Hallam OAM and Mrs Sue Hallam OAM, founders of the Sanctuary Australia Foundation, which sponsors and assists refugees who are in desperate situations overseas to resettle in Australia; Mr Kon Karapanagiotidis OAM, CEO and founder of the Asylum Seekers Resource Centre, Australia’s largest organisation providing support and advice to asylum seekers; Ms Nola Randall-Mohk OAM, Chairperson of the Hills Holroyd Parramatta Migrant Resource Centre who has provided support and assistance to refugee and migrant communities for over 25 years, particularly through her work with the Khmer Community of NSW and the Australian National Committee on Refugee Women and the Australian Cambodian Association; and Mr Ramdas Sankaran OAM, President of the Ethnic Communities Council of WA and Executive Director of the Multicultural Services Centre of WA, which provides support to refugees and migrants in Western Australia.