Asylum Seekers and Refugees

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The Principles

1. As members of the human family, asylum seekers and refugees have certain inalienable rights acknowledged and upheld by international law.

2. As a signatory to the United Nations 1951 Refugee Convention and its 1967 Protocol, Australia is obliged to maintain policies informed by, and consistent with, these International Treaties and Human Rights law.

3. Article 23 of the 1951 Convention obliges Signatory Nations to "accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals".

The Issues

Descriminatory visa types restrict refugees or those lawfully seeking refugee status from adequate access to the full range of "public relief and assistance" referred to above in Article 23. Discrimination occurs through:

1. Inaccessibility of affordable housing for people with Temporary Protection Visas.

2. Inadequate settlement assistance for those leaving Villawood.

3. Arbitrary regulations governing work permits and access to health services

4. High cost of education (overseas student fees for primary, secondary and tertiary education)

5. Restrictions on access to legal aid, English classes, interpreter services

6. Limited access to employment services

7. Restrictions on permission to work

8. TheCommonwealth's restrictive interpretation of International obligations regarding refugee rights.

The Alternatives

Questions of justice are involved in all the above issues. At least three State Governments have recognised injustices in the Commonwealth's treatment of refugees and asylum seekers and have taken steps to address them. In accordance with internationally recognised Human Rights we challenge the NSW Government to address the following:

1. Housing: We recommend that the NSW Government allow refugees and asylum seekers living in the community access to the government's "special needs" emergency housing stock.

2. Settlement Assistance: We recommend that the NSW Government set up a Settlement Assistance Fund to provide: · a special benefits allowance to asylum seekers in the community on Bridging Visas who are unable to access Centrelink special benefits; · assistance to people released from Villawood for purchasing essential household goods.

3. Health Services: As an expression of humanitarian concern for the health and well-being of asylum seekers without work rights:

• We invite the NSW Government to put pressure on the Commonwealth Government to make Medicare benefits available to all refugees and asylum seekers no matter what visa they hold.
• Because many refugees and asylum seekers are dealing with trauma and mental illness we recommend that the NSW Department of Health increase funding for Refugee Mental Health Clinics to provide counselling, diagnosis and treatment.

4. Education: We commend the NSW Department of Education and Training for allowing children at Villawood to access State public schools.

• We recommend that this access be granted to all children of refugees and asylum seekers from ages 5 to 18 without incurring the $6,000+ overseas student fee, currently demanded.
• It is difficult to operate in the community or to obtain work without a reasonable command of English. Because refugees and asylum seekers cannot access Commonwealth funded English courses we recommend that the State Government provide funding for English courses for this particular group of adults.
• We recommend that the State Government encourage the Commonwealth Department of Education, Training and Youth Affairs to make Mainstream English and other TAFE courses readily available to all refugees and asylum seekers no matter what visa they hold.

5. Legal Aid:

• We encourage the State Government to put pressure on the Commonwealth Government to provide every person applying for asylum in this country with the legal aid to which they are entitled under international law.
• In the meantime we recommend that the State Government provide adequate legal aid, perhaps through the Attorney General's Department, to refugees and asylum seekers living in NSW.

6. Interpreter Services:

• We recommend that the State Government provide access to a free interpreter service when needed by refugees and asylum seekers for dialogue with doctors, lawyers and welfare officers.

7. Employment Services and Work Restrictions:

• We recommend that the NSW Government put pressure on the Commonwealth Government to remove work restrictions currently imposed on asylum seekers holding Bridging Visas
• We recommend that the NSW Government provide employment services for all refugees holding Temporary Protection Visas.

8. Legally Recognised Refugees

• People who have been given refugee status by the Commonwealth are entitled under international law to permanent protection. We therefore recommend, as a matter of justice, that the NSW Government bring pressure to bear on the Commonwealth to grant Permanent Protection Visas immediately to all refugees holding Temporary Protection Visas.
• The Commonwealth is creating a refugee underclass through the granting of Temporary Protection Visas. Refugees holding Temporary Protection Visas should have the ability to sponsor immediate family members, and other unreasonable restrictions on their visa rights should be lifted.