IEU: End Mandatory Detention Index

The Independent Education Union Says:

END MANDATORY DETENTION

Refugee and Asylum Seeker Policy in Australia Research, Analysis and Recommendations Undertaken for the Independent Education Union by The Edmund Rice Centre for Justice and Community Education. Commissioned by: NSW/ACT Independent Education Union and Independent Education Union of Australia February 26, 2002.

Preamble

The Human Rights Watch based in New York in its World Report for 2001 produced a scathing account of Australia's refugee policy. Under the title, 'Australia: Xenophobia and Threats to Asylum', the report claimed that Australia reacted with disproportionate zeal to a perceived threat of being overwhelmed by foreigners brought in by people traffickers.

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Executive Summary

This report considers the following possible alternatives (amongst others) to the current policy regarding refugees and asylum seekers:

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Overview of the Current Situation

Australia's current system of migration remains based on the 1958 Migration Act. Incorporated into the Migration Act was the formal acknowledgement of Australia's commitments towards refugees as set out in the 1951 Refugee Convention. The Humanitarian Program within the overall Migration Program regulates Australia's intake of refugees and other people in humanitarian need.

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Critique of the Current System

Critics of the current policy have rejected the underlying logic of Australia's position in relation to asylum seekers. They have highlighted the inability of the increasingly harsh stance to deter people from travelling to Australia and the inconsistencies in the system between different categories of asylum seekers:

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Issues and Specific Policy Considerations:

The Visa System

Appendix 1 sets out the various sub-classes of visa, including information on what visas can be accessed by different groups of asylum seekers and changes made to this regime in 2001. Appendix 2 sets out the entitlements provided to TPV holders and to permanent Protection Visa (PV) holders.

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Detention

Detention is mandatory for all asylum seekers who arrived in Australia in an unauthorised manner until their claims for asylum are processed. Detention also applies to those whose claims have been denied and to asylum seekers, tourists, students and others in breach of their visa conditions. However, in practice the vast majority of those who breach their visa conditions are never detained.

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Processing

Recent legislative changes to the processing of asylum seekers have dramatically limited the right of appeal and given increased discretionary powers to the Minister. However, processing times have continued to remain unacceptably lengthy.

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Pacific Solution

Following the Tampa crises the Government has denied access to any asylum seeker traveling by boat to Australia. Instead these people have been intercepted by the Royal Australian Navy and taken to Pacific Islands where their claims for refugee status are processed by the UNHCR.

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Structure of Humanitarian Program

The humanitarian program is divided into two sections, an onshore component which provides for those who apply once they are in Australia (both those who arrived on a valid visa and those who arrived in an unauthorised manner); and an offshore component.

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Population and Migration Policy

Issues: Australia does not have a comprehensive population policy; The Migration Act, has not been substantially reviewed since 1958; there has been little consideration of how the humanitarian program fits into a broader framework of migration.

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