Refugees

Editor: Justin Healey ISBN 978 1 921507 06 9 Year 2009 Price: $20.95		Refugees Volume 296, Issues in Society Around the world, an increasing number of people are being forced to flee their homes, unable to return due to a wellfounded fear of persecution because of either their race, religion, nationality, membership of a particular social group, or political opinion. There are currently an estimated 740,000 individuals worldwide awaiting a decision regarding their asylum claim. Each year Australia accepts about 13,000 people under its humanitarian Program. What are Australia’s obligations towards asylum seekers and refugees who seek a better life on our shores? This book reviews past policies, and examines the current Federal Government’s policies regarding asylum seekers and refugees. Topics include immigration detention issues, settlement services, the difficulties faced by refugees, and community attitudes towards asylum seekers and refugees. Chapter 1: Asylum Seekers and Immigration Detention Seeking asylum within Australia, Myths and facts about asylum seekers, Managing Australia's borders, 90% of asylum seekers win refugee status, Asylum seekers and detention in Australia timeline, Mandatory detention policy overturned, Asylum seekers: new refugee solution needs legal help, An era of shame we can ill afford to forgive or forget, Unwarranted cruelty, Let's give 'softer' approach for those seeking asylum a chance, New directions in detention – restoring integrity to Australia's immigration system, Immigration detention and human rights. Chapter 2: Australia's Refugee Program Refugees and internally displaced persons, Australia's refugee and humanitarian program, Australia's refugee program: frequently asked questions, Australia's refugee program: facts and stats, Refugee policy under the Rudd Government – the first year. Glossary; Fast Facts; Web Links; Index

		FAST FACTS from this volume
The majority of refugees in Australia have been and are resettled from other countries through Australia’s offshore humanitarian resettlement program. Each year however, several thousands of people already in Australia make applications for protection (refugee status). These include people who arrived lawfully and who have been staying in the Australian community, and people who have arrived unlawfully in Australia by sea or air. On 9 August 2008 Temporary Protection visas (TPVs) were abolished. This means that all initial applicants for a Protection visa who are found to engage Australia’s protection obligations now receive a permanent Protection visa. Punishing refugees and asylum seekers will not stop people smugglers, many of whom have a commercial interest and don’t care what conditions they send people to. Other people who bring refugees by boat may also have a concern for their wellbeing rather than just being driven by commercial interest. And most asylum seekers either have no idea what the domestic policies of Australia are, so will not be a deterrent, or they are fleeing much worse conditions such as war or torture. The only way to stop unauthorised boat arrivals into Australia is to cooperate internationally to resolve conflict and promote stability and to initiate regional joint policing operations against people smugglers. Some people say that asylum seekers arriving by boat ‘steal’ the places of people who could come via the offshore Humanitarian program. However, there is no logical basis for the concept of playing one type of refugee off against another, and no logical reason why these two separate pathways should be linked. Immigration detention is not used to punish people. It is an administrative function whereby people who do not have a valid visa are detained while their claims to stay are considered or their removal is facilitated. People who are not Australian citizens are ‘unlawful’ if they do not have a valid visa giving them permission to be in Australia. Usually, ‘unlawful non-citizens’ are people who have: arrived in Australia without a visa; overstayed their visa; had their visa cancelled. Immigration detention plays a significant role in maintain-ing the integrity of Australia’s migration and refugee and humanitarian programs. Australia’s immigration detention policy was introduced in 1992 and has been maintained by successive governments. During the Howard government years, asylum seekers who arrived by boats from 1999 to 2008 fell under the Temporary Protection Visa scheme. Of these 11,200 TPV holders, 85% or 9500 were given permanent residency. Of the 2184 children who arrived without valid visas as asylum seekers from July 1999 to June 2003 and held in immigration detention centres, 92% were awarded refugee status and granted TPVs. Globally, there was a 12% global rise in asylum claims in 2008. In Europe, there were 290,000 claims in 2008, a 13% increase from 256,000 in 2007. In Canada and the United States, there were 86,000 claims, 9% more than in 2007. But the overall increase in the number of claims was still half that of 2001, where 150,000 applications were lodged in both countries. Australia received 1%, or 4750, of the total number of asylum applications in 2008, up 19% from 2007. But Australia’s recent increase was still much lower than those in 2000 (13,100 claims) and 2001 (12,400 claims). With the introduction by the Howard government of temporary protection visas, the Tampa incident and the excision of Australian territory from our migration zone, refugees were treated increasingly inhumanely. They were demonised by policies and practices that were largely – and shamefully – supported by both sides of parliament. On 14 occasions over the last decade, the United Nations Human Rights Committee made adverse findings against Australia in immigration detention cases, finding that the detention in those cases violated the prohibition on arbitrary detention in article 9(1) of the International Covenant on Civil and Political Rights. In 2005, the Migration Act was amended to affirm ‘as a principle’ that a minor should only be detained as a measure of last resort. Since that change, children are no longer held in immigration detention centres. Many children are either given a bridging visa or are placed in community detention. However, some children are still held in closed immigration detention facilities, including immigration residential housing, immigration transit accommodation and alternative places of immigration detention. The majority of refugees are able to return home after conflicts have ended, but a great deal of support is necessary to rebuild lives and infrastructure, and to restore stability. People who have been displaced need counselling, and practical assistance such as shelter, food and other items to restart their lives. People who have been involved in conflicts need alternative work. Homes, schools, health clinics, water and sanitation systems, and roads often need to be rebuilt. Landmines may need to be cleared. Trust between people who have been fighting needs to be re-established. Some refugees cannot go home or are unwilling to do so, usually because they fear they would face continued persecution. In such circumstances, UNHCR helps to find them new homes, either in the country of asylum, or in a third country. This may take a long time, as there are more people in need than places available. Many nations accept refugees on a temporary basis during the early phases of a crisis but, are unable to provide long- term support. Some more developed nations resettle refugees through a quota or a demand basis. Resettling refugees who have suffered a great loss, for example those who have suffered the destruction of their homes, families and sense of identity, requires tremendous support, as they usually have to learn a new culture and language, establish a new social network and earn a living. As at 7 November 2008, the total number of people in immigration detention was 279, including 44 in community detention. This figure compares with 449 people in immig-ration detention when Labor came to office in November 2007 and over 1,100 people in immigration detention 5 years ago. Protracted refugee situations are a significant challenge facing the international community. According to UNHCR, some 5.2 million of the world’s refugees have been living in exile for more than five years.

The majority of refugees in Australia have been and are resettled from other countries through Australia’s offshore humanitarian resettlement program. Each year however, several thousands of people already in Australia make applications for protection (refugee status). These include people who arrived lawfully and who have been staying in the Australian community, and people who have arrived unlawfully in Australia by sea or air.
On 9 August 2008 Temporary Protection visas (TPVs) were abolished. This means that all initial applicants for a Protection visa who are found to engage Australia’s protection obligations now receive a permanent Protection visa.
Punishing refugees and asylum seekers will not stop people smugglers, many of whom have a commercial interest and don’t care what conditions they send people to. Other people who bring refugees by boat may also have a concern for their wellbeing rather than just being driven by commercial interest. And most asylum seekers either have no idea what the domestic policies of Australia are, so will not be a deterrent, or they are fleeing much worse conditions such as war or torture.
The only way to stop unauthorised boat arrivals into Australia is to cooperate internationally to resolve conflict and promote stability and to initiate regional joint policing operations against people smugglers.
Some people say that asylum seekers arriving by boat ‘steal’ the places of people who could come via the offshore Humanitarian program. However, there is no logical basis for the concept of playing one type of refugee off against another, and no logical reason why these two separate pathways should be linked.
Immigration detention is not used to punish people. It is an administrative function whereby people who do not have a valid visa are detained while their claims to stay are considered or their removal is facilitated.
People who are not Australian citizens are ‘unlawful’ if they do not have a valid visa giving them permission to be in Australia. Usually, ‘unlawful non-citizens’ are people who have: arrived in Australia without a visa; overstayed their visa; had their visa cancelled.
Immigration detention plays a significant role in maintain-ing the integrity of Australia’s migration and refugee and humanitarian programs. Australia’s immigration detention policy was introduced in 1992 and has been maintained by successive governments.
During the Howard government years, asylum seekers who arrived by boats from 1999 to 2008 fell under the Temporary Protection Visa scheme. Of these 11,200 TPV holders, 85% or 9500 were given permanent residency.
Of the 2184 children who arrived without valid visas as asylum seekers from July 1999 to June 2003 and held in immigration detention centres, 92% were awarded refugee status and granted TPVs.
Globally, there was a 12% global rise in asylum claims in 2008. In Europe, there were 290,000 claims in 2008, a 13% increase from 256,000 in 2007. In Canada and the United States, there were 86,000 claims, 9% more than in 2007. But the overall increase in the number of claims was still half that of 2001, where 150,000 applications were lodged in both countries. Australia received 1%, or 4750, of the total number of asylum applications in 2008, up 19% from 2007. But Australia’s recent increase was still much lower than those in 2000 (13,100 claims) and 2001 (12,400 claims).
With the introduction by the Howard government of temporary protection visas, the Tampa incident and the excision of Australian territory from our migration zone, refugees were treated increasingly inhumanely. They were demonised by policies and practices that were largely – and shamefully – supported by both sides of parliament.
On 14 occasions over the last decade, the United Nations Human Rights Committee made adverse findings against Australia in immigration detention cases, finding that the detention in those cases violated the prohibition on arbitrary detention in article 9(1) of the International Covenant on Civil and Political Rights.
In 2005, the Migration Act was amended to affirm ‘as a principle’ that a minor should only be detained as a measure of last resort. Since that change, children are no longer held in immigration detention centres. Many children are either given a bridging visa or are placed in community detention. However, some children are still held in closed immigration detention facilities, including immigration residential housing, immigration transit accommodation and alternative places of immigration detention.
The majority of refugees are able to return home after conflicts have ended, but a great deal of support is necessary to rebuild lives and infrastructure, and to restore stability. People who have been displaced need counselling, and practical assistance such as shelter, food and other items to restart their lives. People who have been involved in conflicts need alternative work. Homes, schools, health clinics, water and sanitation systems, and roads often need to be rebuilt. Landmines may need to be cleared. Trust between people who have been fighting needs to be re-established.
Some refugees cannot go home or are unwilling to do so, usually because they fear they would face continued persecution. In such circumstances, UNHCR helps to find them new homes, either in the country of asylum, or in a third country. This may take a long time, as there are more people in need than places available.
Many nations accept refugees on a temporary basis during the early phases of a crisis but, are unable to provide long- term support. Some more developed nations resettle refugees through a quota or a demand basis. Resettling refugees who have suffered a great loss, for example those who have suffered the destruction of their homes, families and sense of identity, requires tremendous support, as they usually have to learn a new culture and language, establish a new social network and earn a living.
As at 7 November 2008, the total number of people in immigration detention was 279, including 44 in community detention. This figure compares with 449 people in immig-ration detention when Labor came to office in November 2007 and over 1,100 people in immigration detention 5 years ago.
Protracted refugee situations are a significant challenge facing the international community. According to UNHCR, some 5.2 million of the world’s refugees have been living in exile for more than five years.