Asylum Seekers and Refugees

Asylum Seekers are people who apply to the government of a country for recognition as a refugee and for permission to stay because they claim to fear persecution in their own country on the grounds of race, religion, political opinion or nationality, or because they belong to a particular social group. (1951 Geneva Convention relating to the Status of Refugees) Once the Australian Government has recognised that they have a valid refugee claim under the 1951 Convention, they are granted refugee status and are allowed to remain in Australia.

A Refugee is any person who owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable or owing to such fear is unwilling to avail him/herself of the protection of that country. (1951 Refugee Convention)

The Principles

All members of the human family have equal dignity and inalienable rights as human beings.

Australia is party to the 1951 Geneva Convention and its 1967 Protocol, and hence its refugee policy must be informed by, and consistent with, its international treaty obligations.

As a signatory to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, Australia has an obligation to protect refugees who have sought asylum in this country.

"No contracting state shall expel or return a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion". (Article 33 (1) Convention Relating to the Status or Refugees)

It is misleading and inaccurate to suggest that those who arrive in Australia by boat or plane without proper documentation and then apply for refugee status are 'illegals' or 'queue jumpers'. Most people fleeing persecution cannot use conventional means of travel because they are unable to obtain passports and/or visas.

The Issues

Non-Reviewable Mandatory Detention. The majority of unauthorised aliens in Australia are individuals who have overstayed their tourist visas. Unauthorised arrivals seeking asylum form a tiny minority, the majority of whom are eventually (as legitimate asylum seekers) given permission to stay.

Almost all asylum seekers who arrive without a passport or visa are detained. Australia is the only western country to keep asylum seekers in mandatory detention and to deny them the right to an independent review of the decision to deprive them of their liberty. Both the UNHCR and the Australian Human Rights Commission have found Australia to be in breach of its international obligations in its policy of mandatory, non-reviewable detention.

Detention of children. The detention of children is a serious concern and violates the Convention on the Rights of the Child (signed and ratified by Australia), posing long-term risks to children's psychological and social development and wellbeing, and in particular, their ability to resettle successfully in an Australian community.

The 45 Day Rule. Asylum seekers who arrive with proper documentation are not detained. They do, however, confront a number of obstacles. If they do not apply for refugee status within 45 days of their arrival in Australia, they are denied permission to work and access to Medicare while their case is being considered. This can take years and it affects children as well as adults.

Temporary Protection Visas (TPVs). In October 1999, the regulation providing all those granted refugee status in Australia with access to a Permanent Protection Visas was changed. Under the new provisions, unauthorised arrivals found to be refugees have access to a three-year Temporary Protection Visa (TPV). This visa does not allow refugees to: ·

• bring their families to Australia
• have the right to return if they leave Australia
• access most federally funded settlement services ·
• access many of the support programs in the mainstream social welfare system including pensions and Newstart allowance.

Legal Rights. Legal assistance is vital for those preparing claims for refugee status and who are in need of linguistic and legal assistance. In 1998 the government cut legal aid funding to those in the community, so that only 1% of those seeking asylum now receive legal aid. Australia has one of the lowest intakes of refugees in the western world. Tanzania hosts 1 refugee for every 76 people; Britain hosts 1 for every 530 people; Australia hosts 1 for every 1583 people.

The Alternatives

1. The replacement of the Temporary Protection Visas and the adjustment of the 45 Day Rule by efficient and just systems which: · allow the right to work · enable access to Medicare and other support programs · permit family reunions

2. The limiting of the detention period so that asylum seekers can be released into the community as soon as identity, security and health checks have been completed.

3. The establishment of alternatives to mandatory sentencing (eg by transitional housing, home detention) and the provision of services such as counselling, language training and education to facilitate the integration of asylum seekers into the Australian community.

4. On-going review of the quotas established by the Australian Government to take into account the changing conditions in those countries from which refugees are arriving.

5. The breaking of the nexus between onshore and off-shore quotas so that the potential for division within the refugee communities is removed.

6. The automatic provision of legal aid to asylum seekers.