Australia Debates Migration Law Changes

Last week the Australian parliament opened a debate on the changes to the country’s migration laws. Prime Minister Julia Gillard introduced the changes so that it would be legal to send asylum-seekers to another nation for processing.

The migration issue has dominated Australian politics since the High Court rejected the Government’s policy of sending asylum-seekers to Malaysia for processing. Ms. Gillard hopes that by changing the law her Government can continue with the Malaysia plan and stop the High Court from interfering.

Gillard told 2SM radio “People are sick of watching the politics around all of this, the most humane way to deal with asylum seekers and refugees is to do everything you can to deter people from getting on leaky boats where they can lose their lives.”

Opposition leader Tony Abbott says he will only support the legislation if the government accepts an amendment that would rule out Malaysia because it is not a signatory to the United Nations Refugee Convention. He says he will only support the changes to the law if the Government sends asylum-seekers to the Pacific Island of Nauru instead.

Nauru was a part of the Pacific Solution, the toughest set of asylum-seeker policies Australia has ever had, and in the 7 years the detention centre was open only 288 asylum-seekers came to Australia by boat.

Ms. Gillard does not want to send asylum-seekers to Nauru because when the detention centre was open there, it was thought to be psychologically damaging for detainees. The party she leads, the Labor Party closed it in 2008 for humanitarian reasons.

Both political parties agree that sending asylum-seekers to other countries for processing will discourage asylum-seekers from paying people smugglers who try to transport them across the ocean to Australia in unsafe boats. Where they disagree is over which country to send the asylum-seekers to.

Australia's parliament has delayed a vote on changes to the migration law until October 11.

However currently, the recent arrival of two boats to Australia has added fire to the politics of the migration debate. Ms. Gillard blames Mr. Abbott for the arrivals saying that he is weakening the Government in the face of people smugglers.

One of the boats was found north of Christmas Island, initially thought to have 60 people onboard but further investigation revealed a "deck below the main deck" concealing 50 people, 49 asylum seekers and one crew member.

The second boat carrying 66 people sent out a distress signal after passenger concerns about overcrowding and had to be rescued by Indonesian and Australian authorities.

In total 175 asylum seekers will have health and security checks on Christmas Island.

Refugee Experiences of Integration in Foreign Countries

Many people are leaving their homelands to go to foreign countries for employment, a better life, security and protection, or education. People migrate to escape their problems at home but there are always new problems that they have to deal with when they get to a new country. Whether migrating legally or illegally, these migrants and refugees often have difficulty integrating and becoming a part of the community in the destination country.

According to recent studies, the most common problems new migrants and refugees have are:

1.      Communicating because they lack the language skills;

2.      Difficulties finding an adequate job and suitable housing;

3.      Having foreign credentials/qualifications recognized; and,

4.      Building a social network because of cultural differences.

Many people migrate for economic reasons, believing that there is a job for them in a foreign country. However finding a job in a foreign country is not easy. A study in Australia found that many refugees were forced to work in low-paid jobs because of discrimination and barriers to participation, such as a lack of local work experience and the fact that educational qualifications in poorer countries are not recognized in foreign destinations. The study said that the challenges they faced were so bad, that many found it “extremely difficult to go on with day-to-day living”.

Also, while some migrants are lucky enough to get a job and earn more than they would in their home country, they also have to spend more to survive. In 2006, half of the refugees in Australia earned less than $250 per week. This may sound like a lot of money but the cost of living in Australia is high. In 2010 Sydney was ranked as the 24^th most expensive city in the world. The cost of bread in the Australia is $2.50, which is 2,746 Tomans or 120 Afghanis. Lamb is $16 per kilo, which is 17,579 Tomans or 760 Afghanis. That is not even considering other important living expenses. The Australian Bureau of Statistics found in 2010 that average housing costs were $223 per week, 245,010 Tomans or 10,592 Afghanis.

The UK is another popular destination for refugees and migrants, attracting thousands of people each year. The UK Home office interviewed refugees on their experiences of integration.

One refugee said: “I think the first barrier is language barrier. I hadn’t any help even with someone who knows English and my language. Even in the shops – when they didn’t give change in the shops. For us to explain it was so difficult”.

Refugees also worried about unfriendly and racist attitudes in the community.

“You can feel you are settled in but they say, `you foreigners…. Go home’ again; they don’t say `Hello’ not warm, not friendly.”

“[They were] hitting me with a ball… calling me names, you know and you are talking about children of 10 going down. Calling me names, telling me, ‘Go back to your country!’ cursing and talking funny and … you just don’t know what to do”.

To stay out of trouble and keep safe refugees sometimes have to isolate themselves from the community.

“I have not made any effort so far to try and talk to neighbors or do anything about that because I don’t want trouble… where I lived before here, I learned to keep to myself because that way you avoid trouble”.

A wide range of factors support and undermine the process of integration. These include social factors such as the characteristics of refugees (ability to speak the foreign language) and the characteristics of the wider community (such as the level of racism and discrimination towards foreigners). Economic factors such as employment and income also affect a refugee’s ability to integrate. People think that life in foreign countries must be better and easier than life at home, but life is not easy anywhere in the world.

Australia sticks to Malaysia plan

Prime Minister Ms. Julia Gillard and Immigration Minister Chris Bowen announced that the government would change the migration law after a High Court decision that put in doubt the Malaysian refugee swap deal and other forms of offshore processing.

Ms. Gillard said the amendments would simply restore the understanding of the Migration Act that existed prior to the High Court's decision. The processing of asylum-seekers in other countries would be allowed and the Government would have the power to decided where they should be sent.

Ms. Gillard says the Government is determined to continue to implement the agreement with Malaysia.

Under the Malaysian deal, Australia would send the next 800 asylum-seekers that arrive by boat to Malaysia in exchange for 4,000 processed and recognized refugees.

The government's advice remained that the Malaysian agreement would send a strong message to people-smugglers and deter asylum-seekers from making the dangerous sea journey by boat.

"That is why Malaysia, when we announced it, was the best option for smashing the people smugglers' business model. It remains the best option", Ms. Gillard says.

The government would also use the changes to send asylum seekers to Papua New Guinea.

The Government insists the new policy will fulfill Australia's obligations under the United Nations convention.

The proposed changes will be introduced to Australia's Parliament next week for approval.

Australia is currently detaining all asylum-seekers arriving by boat, including several hundred in a Centre on Christmas Island which has seen riots in recent months. 

Changes to Australia’s asylum-seeker policies

There have been many changes in Australia’s policies towards asylum-seekers in the last six weeks. Some of them have been perceived as good for asylum-seekers that want to go there and some have been seen as bad. One thing that has not changed though is Australia’s commitment to break the people-smuggling business and to stop asylum-seekers making the dangerous journey to Australia by boat.

Tomorrow the Australian Prime Minister Julia Gillard will present a new policy to deal with asylum-seekers. Media reports suggest that the government will now try to change the Migration Act – the law controlling immigration to Australia - so the deal with Malaysia will become legal and Australia will be able to process asylum-seekers off-shore.

On 31 August, the High Court rejected the deal, saying that under existing law, Australia could not transfer asylum-seekers to another country unless that nation was bound by law to protect them. Refugee activists that argued the case for asylum-seekers in court say they are disappointed the government could now change the law.

While the Malaysia solution is likely to be revived, the government also has a few other options to consider. While waiting for the High Court decision, the government signed an agreement with Papua New Guinea to reopen a detention centre on Manus Island to receive newly arriving asylum-seekers for processing. There has also been discussion of making a deal with Nauru to reopen a detention centre there.

If you are being told that now is the time to go to Australia then be careful because things can change quickly again. With all the options I described it could even get worse for asylum-seekers going there.

High Court stops Australia from sending asylum-seekers to Malaysia

The High Court ruling on Wednesday 31 August 2011 prevents the Australian government from transferring 800 asylum-seekers to Malaysia under the swap deal it signed last month.

The plan to send asylum-seekers to Malaysia was a part of Australia's regional response to stop thousands of boat people who arrive in Australia every year.

The High Court ruled by a majority of six to one that the Immigration Minister could not send asylum-seekers to any country that was not "legally bound by international or domestic law to provide access for asylum-seekers to effective procedures for assessing their need for protection".

The court said in a statement that Malaysia has not signed the UN Refugee Convention and that there was no guarantee that refugees would be recognized and protected under Malaysia’s domestic law.

The Immigration Minister Chris Bowen called the high court ruling "profoundly disappointing".

Bowen said the government's plans to send asylum-seekers to Malaysia for processing had acted as a deterrent to those thinking of making the dangerous journey to Australia.

Many have died on that journey, including dozens who drowned last December when their boat smashed on rocks on the island in heavy seas.

Mr. Bowen said: "We've had the people smugglers in retreat. Now, today's decision is a significant blow, but it does not undermine my or the government's determination to break the people smugglers' model."

The case was brought to court on behalf of 16 asylum-seekers who were a part of the first group of asylum-seekers to be sent to Malaysia. The lawyer acting for them, David Manne, said his clients were very relieved.

For now, the 335 asylum-seekers who arrived to Australia since the Malaysian deal was signed will remain in detention on Christmas Island but it is unclear whether they will be processed in Australia or elsewhere.

The Australian government is still considering other countries for its regional approach and it recently signed an agreement with Papua New Guinea to reopen the Manus Island detention facility there.