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.

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.