First Forced Deportation of Afghan Asylum-seeker from Australia Delayed

The Australian Government's decision to force the deportation of a failed Afghan asylum-seeker for the first time has been temporarily stopped by Australian courts.

Ismail Mirza Jan, 26 years old, fled Afghanistan as a teenager in 2001, three years after his father was killed by the Taliban. He reportedly travelled to Pakistan, Iran and Greece before applying for asylum in Britain. His application was rejected in Britain and then in Ireland, but he was able to live temporarily in Ireland on humanitarian grounds. He arrived in Australia in February 2010 using a false Turkish passport.

He is currently in maximum security at the Villawood Immigration Detention Centre in Sydney after his refugee application was rejected. His application was also rejected by the Refugee Review Tribunal and Australian courts.

Mr Mirza will be charged $2,000 to be flown to Afghanistan and another $30,000 for Australian officials who will need to accompany him.

The Australian Government ordered his removal to Kabul on 15 November 2011. This would have been the first time an Afghan asylum-seeker has been sent home against their wishes because of a deal to return Afghans between Australia, Afghanistan and the UN Refugee Agency. The agreement between them was signed in January 2011. Australia says the agreement allows Australia to force the deportation of Afghans who do not qualify for refugee status and protection.

On Wednesday 16 November lawyers for Mr Mirza applied to the Australian Federal Court to stop his deportation, planned for Saturday 19 November. His lawyer argued that deporting Mr Mirza would go against the Migration Act. His lawyer also says that his client was denied justice because the Government never informed him of the reasons for rejecting his refugee application.

The Court issued a temporary order to stop his forced removal to Kabul until his case can be heard. A refugee activist said the case would probably not be heard until next year.

It is believed that travel documents issued by the Afghan government will expire at the end of January. Documents shown at Court showed that the Afghan government has already approved the deportation.

There are currently 1,246 Afghans in detention in Australia. If this deportation goes ahead, it is likely that more Afghans will be forced to return to Afghanistan if found not to be genuine refugees.

Indonesia and Australia’s Monsoon Season will put Asylum-seekers at risk of drowning

People smugglers in Indonesia are trying to arrange for their boats to leave quickly before the monsoon season begins and makes the boat journey to Australia even more dangerous.

Reports suggest that there are over 500 people waiting in Indonesia to try to get to Australia by boat without visas.  They are trying to use people smugglers who are eager for their boats to leave soon because they have only another two to three weeks before the monsoon starts.

The monsoon season in Indonesia begins in November and moves south to Australia where it usually lasts for 3 months from December to March.  Throughout the monsoon season there is much heavier rain than normal in northern Australia.  These rains and storms make the seas north of Australia very unsafe for the small wooden Indonesian fishing boats. 

A minister of the Australian Government said that he was very concerned about asylum seekers dying while trying to get to Australia by boat.  He said: “We do not want to see asylum-seekers lose their lives. We've got the monsoon season coming up. We do not want to see boats arriving and people losing their lives like they did just before Christmas last year.”

During last year’s monsoon season in December 2010 a boat carrying Iranian, Afghan and Iraqi asylum seekers crashed into rocks off the coast of Christmas Island during a monsoon.  30 people drowned and the bodies of another 18 asylum seekers were never found.

At the beginning of the monsoon season last November 2010, a month before the Christmas Island boat tragedy, another boat carrying asylum-seekers went missing between Indonesia and Australia. Relatives and friends of those asylum-seekers say that they heard their loved ones were getting on a boat but then never heard from them again. According to Australian authorities, boats usually take 2 to 4 days to reach Australian waters from Indonesia. It has almost been a year now since that boat left Indonesia on November 13.

Over the years there have been many cases of boats sinking or going missing on the way to Australia. The bad weather during monsoon season makes the sea journey even more dangerous. While the exact number of asylum-seeker deaths at sea will never be known, those attempting to count the deaths of irregular migrants at sea have estimated that only one in three bodies are ever recovered.

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Malaysia Plan Still an Option for Australia’s Government

The Australian Government’s plan to send asylum seekers arriving in Australia by boat to Malaysia is still up in the air after debate on the law to allow offshore processing was delayed this morning because the Government did not have the votes.

The Government was going to introduce the law for debate today.  After it became clear that they would lose the vote, they held an emergency cabinet meeting and delayed the vote for a later date.

The politician with the deciding vote, Mr Crook, said last night that he would not support the changes.  He said that the new law could stop asylum seekers trying to get to Australia by boat but he was worried about how the asylum seekers, especially children, would be treated in Malaysia.

Malaysia has not signed the United Nation’s Refugee Convention.

But Mr Crook said that he would support the law changes proposed by the Opposition because these would allow offshore processing in countries which have signed the Refugee Convention – like Nauru.

Nauru has recently signed the Refugee Convention and the Opposition would like asylum seekers arriving by boat to be sent there instead of Malaysia.

The Opposition says that the offshore processing centre in Nauru was successful in protecting Australia’s borders and deterring people smuggling.

The system, often called the Pacific Solution, was implemented by the Opposition between 2001 and 2007.  The Leader of the Opposition says that Nauru is a “proven solution for offshore processing”.

Almost all Australian politicians support offshore processing at the moment, suggesting that the Government and the Opposition only need to agree on which country the asylum seekers arriving by boat will be sent.

The Government said this morning that they "remained committed" to the Malaysia swap deal.

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.