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IEU - End Mandatory Detention: 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.
Issues
- Length of processing leaves asylum seekers ?in limbo', unable to get on with their lives.
- Asylum seekers are often unable to access adequate legal representation, or do not have the skills to properly negotiate the legal system.
- Legislation has been introduced that dramatically limits asylum seekers' right to appeal their decision. Appeals can not consider the merits of the case, but only possible errors in law, and class actions have been disallowed.
Alternatives:
- Restore Christmas Island to Australia's immigration zone.
- Establish processing centre on Christmas Island for initial processing of asylum seekers.
- Transfer resources currently directed towards detention centres and the Pacific Solution to speed up processing.
- Claims for asylum to be classified according to one of the following;
- i) claims for asylum definitely recognised: asylum seekers released immediately into the community on Protection Visa.
- ii) claims for asylum are obviously baseless, asylum rejected: asylum seekers to be held in detention until deportation can be arranged.
- iii) claims for asylum are not immediately verifiable, asylum seekers released into the community whilst claims are further processed unless it can be shown that there is a potential threat to the community in which case detention will apply.
- Reevaluate the powers of the Minister and the right of appeal granted to asylum seekers to ensure they are consistent with the doctrine of the separation of powers and due process. Ensure that asylum seekers can appeal on the basis that there has been an error in establishing the facts of the case, not only in relation to errors in law.
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