Closing the country

This article was originally published on APPS Policy Forum.

Asher Hirsch unpicks the precarious future of Australia’s hard-line asylum seeker policy.

What does the future hold for refugee policy in Australia? Following a brutal policy approach to people seeking asylum in recent years and a blanket policy of harsh deterrence from both major parties, a key question now is whether these policies are sustainable, let alone desirable, over the longer term. Already, tensions and challenges have emerged that threaten Australia’s absolute refusal to face up to its refugee responsibilities.

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Does What Happens Offshore, Stay Offshore?

This article was originally published on Asylum Insight.

Australia leads the world in outsourcing and offshoring its human rights obligations. It is the only nation to subcontract the management of its entire detention centre network to private for-profit corporations. It is also the only nation that mandatorily detains those who arrive without a visa, and sends those who come by boat to third countries for processing. Between 2001 and 2007, and again from 2012, the Australian government has attempted to avoid both moral and legal responsibility for asylum seekers by sending them to offshore detention centres in the Pacific.

Australia maintains that responsibility for the management of these centres, and for the numerous abuses that have taken place there, rests solely with the host countries of Papua New Guinea and Nauru. The secretary of the Department of Immigration and Border Protection, Mr Michael Pezzullo, asserted during the 2015 Senate inquiry into conditions at the detention centre on Nauru that:

‘The Australian government does not run the Nauru Regional Processing Centre, or RPC. It is managed by the government of Nauru, under Nauruan law, with support from the Australian government. The government of Nauru operates the RPC, assesses asylum claims and, where persons are found to be in need of protection, arranges settlement. The government of Nauru is specifically responsible for security and good order and the care and welfare of persons residing in the centre.’ (emphasis added)

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High Court Ruling: Our Government Can Still Decide to Protect Refugee Rights

This article was originally published on Right Now.

Wednesday’s High Court decision upholding the legality of detention in Nauru is tragic in its result. But the decision was far from a vindication for the Government. In important ways the judgment signals an increasing willingness by at least some members of the High Court to rein in the excesses of Australia’s detention policies.

The case was litigated by the Human Rights Law Centre on behalf of a Bangladeshi woman brought to Australia while she was pregnant, and centred on two main claims: that no Australian law authorised the government to fund offshore detention arrangements, and that the detention by the Commonwealth Government on Nauru was unconstitutional.

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Funding barriers shut out asylum seekers and refugees from further education

Asher Hirsch, Monash University and Joyce Chia, Monash University

“When I arrived in Australia I was 17. Now I’m almost 20. The best years of my life are gone. When can I go to school? When can I go to college? When can I have my education? I don’t know what will happen to me.

“I escaped from my country because I couldn’t go to school. The only thing I wished to have was a better life, a safe life, and to be educated – and I couldn’t have that.”

As secondary school students eagerly await their university offers, this young man faces a much bleaker future.

Abdul is one of around 30,000 people seeking asylum who are waiting for the government to finalise their refugee claims. Once they prove their claim for protection they are found to be refugees, yet because they arrived by boat they will only have access to temporary visas.

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The Economic Cost of Australia’s Asylum Policies

This article was originally published on Right Now.

Australia’s asylum policies are not just inhumane, cruel and a violation of international law, they are also ridiculously expensive.

An analysis of last year’s budget found that in the 2014-15 financial year, the Australian Government spent $2.91 billion on detention and compliance-related programs for asylum seekers who arrived in Australia by boat. This includes $912 million spent on detaining people in unsanitary, cramped and deadly offshore detention centres.

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The Extra-territorialisation of Migration Control and the Right to Seek Asylum

This article was originally published on Right Now.

In this age of globalisation, many asylum-receiving states have attempted to restrict access to asylum through a range of extraterritorial measures that effectively prevent asylum seekers from reaching territorial borders in order to apply for protection.

As Thomas Gammeltoft-Hansen notes in his book Access to Asylum, “the last decades have seen a number of policy developments to extend migration control well beyond the borders of the state.”

These extraterritorial measures include carrier controls that place financial penalties on airlines that carry those without a visa, disruption activities in transit countries, the use of immigration officers in foreign countries, offshore processing, and the interception of boats on the High Seas.

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Asylum Seekers: Tales of Survival

Nineteen young people from diverse cultures and faith came together to learn how to shoot, edit and produce a short documentary film.

Asylum Seekers: Tales of Survival is the short documentary our group produced. The group consisted of Arif Hazara, Baqir Alidad, Barney, Chaichana and Rumia Mukhtar.

This documentary explores the experiences of Asylum Seekers and Refugees living in Australia.