Showing posts with label asylum seekers. Show all posts
Showing posts with label asylum seekers. Show all posts

Friday 2 November 2018

“In an unprecedented move, the Morrison government has questioned the Federal Court's authority to commence cases that allow sick children to be brought to Australia for emergency medical care.”



The Guardian, 26 October 2018:

The Australian government is challenging the legality of the federal court hearing applications for urgent medical transfers of refugees and asylum seekers held on Nauru.

The move comes amid a rush of transfers, and appears in contrast to claims made by Australian Border Force to those detainees that the delays are due to the Nauruan government.

Should the federal court action be successful it has the potential to void some previous orders, forcing those cases to refile in the high court.

The rate of medical transfer orders has ratcheted up as the health crisis worsens, criticism of the policy strengthens, and the Nauruans appear to have stopped attempting to block departures.

The home affairs department raised the jurisdictional challenge in a case involving a child detainee, her mother and two siblings, Fairfax Media reported.

The family have already been transferred to Australia. But lawyers for Peter Dutton’s department have continued to argue that under section 494AB of the Migration Act, the federal court cannot hear legal proceedings against the commonwealth relating to a “transitory person”. It is believed to be the first time the government has made this argument in about 50 cases relating to the transfer of people from Nauru.

On Thursday two federal court judges ordered both parties to submit their arguments in coming days for a yet-to-be scheduled expedited hearing, expected next week. The child, an 11-year-old Iranian girl, is being represented by the law firm Robinson Gill and the Human Rights Law Centre.

“This has come out of the blue, and there’s a risk it could make it much harder for desperately unwell children to get the urgent, lifesaving medical care they need,” said Daniel Webb, director of legal advocacy at the HRLC.

The challenge appears at odds with the government’s messages to detainees laying the blame for transfer delays with Nauruan authorities. Guardian Australia is aware of ABF writing or verbally suggesting to people or their lawyers that the department had approved their medical transfer but Nauru was holding up cases.

The Sydney MorningHerald, 24 October 2018:

The legal point was raised last week in the case of an 11-year-old Iranian girl held on Nauru who had not eaten in more than two weeks.

Medical experts gave evidence she was facing “imminent death” if she was not treated by paediatrics experts in an Australian intensive care ward.

However, lawyers acting for the Home Affairs Department argued that under section 494 AB of the Migration Act the court could not hear the case as it did not have jurisdiction because she was a “transitory person.”

Thursday 1 November 2018

The Morrison Government is puckering its lips to blow on a dog whistle or two?


Ever since Scott Morrison - as then Australian Minister for Immigration and Border Protection - imposed a complete media blackout on asylum seekers arriving by sea, voters have never been quite sure how to take the Liberal-Nationals boast that they had “stopped the boats".

Every so often an inconvenient highly visible landing on our shores revealed that the boats had never stopped coming.

Now faced with increasing pressure to close Manus and Nauru as offshore detention sites, Prime Minister Morrison and his political cronies have to once again hype up the threat of ravening hoardes of undocumented immigrants by drawing out attention back to those boats.

The Australian, 24 October 2018, p.6:

....Operation Sovereign Borders has prevented more than 3300 asylum-seekers coming to Australia by turning back 33 boats and successfully disrupting ­nearly 80 people-smuggling ventures in the past five years.

The Australian can reveal that since September 2013, at least 2525 people have been stopped from boarding boats to Australia because of co-operation with neighbouring countries which has led to the disruption of 78 people-smuggling operations.

In addition, 33 boats trying to ferry just over 800 asylum-­seekers to Australia were stopped on the high seas or turned back.

Home Affairs Minister Peter Dutton yesterday told parliament that advice from the Operation Sovereign Borders agency heads was that the “threat of people-smuggling has certainly not gone away”....

According to the Refugee Council of Australia on 3 August 2018 there were:

3,127 people have been sent to Nauru or PNG as part of offshore processing arrangements

An estimated 1,534 people are still on Nauru or PNG as of 29 July 2018, and as of 30 June 2018 219 are still in Nauru Regional Processing Centre

947 people have left ‘voluntarily’, including through resettlement, as of 29 July 2018, and since September 2012 to May 2018  646 people have left Manus and 165 from Nauru ‘voluntarily’ to their country of origin, and 20 people were forcibly removed from Manus

494 people have been transferred to Australia for medical treatment, and 460 of them were still in Australia as of 21 May 2018 (based on official information that 294 people had left for the US as of 30 April 2018 and reports of another 121 people resettling in the US since then)

7 people had left for Cambodia, as of 30 April 2018

372 people have been accepted by the US (including those who have left), and 121 have been refused by the US, as of 21 May 2018

By far the largest number of those refused are from Iran (70), although 15 Iranians have been accepted

There are 170 families on Nauru, including 99 families which have 158 minors, as of 26 February 2018

There are at least 100 children who have been born to people subject to offshore processing, as of 23 October 2017

There are nine nuclear family units split between Australia and offshore processing, as of 23 October 2017

There are 583 recognised refugees left in PNG, and 821 recognised refugees on Nauru, as of 21 May 2018.

Australia also holds people in onshore immigration detention and as of 31 July 2018:

Numbers of people in held detention: 1,345 with key sites being Villawood (502), Christmas Island (173), and Yongah Hill (262) 

Average length of detention: 446 days, with 267 people having spent more than 730 days in detention

Numbers of people held in detention because they came seeking asylum by boat: 315

Number of children: in detention facilities including ‘Alternative Places of Detention’: 5, in Nauru Regional Processing Centre: 12, in community detention: 176, and in the community on a bridging visa E: 2,835

Number of people in community detention: 386, from Iran (221), stateless (46) or from Sri Lanka (36), with 245 people having spent more than 730 days in community detention

Key nationalities of people in detention: New Zealand (174), Vietnam (104), Sri Lanka (89), and Iran (103).

To date there are reportedly 200 asylum seeker children and their parents in legal limbo in Australia with no clear path to either Australian citizenship or the full protection under international law, because although government sources are allegedly saying to the media that these children will never be returned to Manus or Nauru there are no guarantees in place.

As of 29 October 2018 50 children remain on Nauru.

Saturday 27 October 2018

Wednesday 24 October 2018

Morrison Liberal-Nationals Coalition Government begins to position itself for forthcoming federal election


No, the Morrison Coalition Government has not suddenly developed empathy for others, a genuine understanding of its obligations under international law or a measure of respect for Australian courts.


Sensing the growing threat to its chance of holding onto government Messrs. Scott Morrison and Peter Dutton are finally allowing very ill children detained in offshore detention on Nauru to enter Australia for medical treatment.


ABC News, 22 October 2018:

Australian Border Force officials have revealed 11 children were transferred off Nauru today for medical attention, with another 52 minors remaining on the Pacific island.
Officials have amended the figure to 11 after initially saying it was 16.

The update comes as the federal Greens float a compromise agreement that could allow families to resettle in New Zealand with their families.

The Federal Government has indicated it may accept New Zealand's offer to take up to 150 refugees, but only if legislation passes Parliament ensuring people sent to offshore detention can never travel to Australia.

Home Affairs secretary Michael Pezzullo said that legislation, which has been sitting in Federal Parliament since 2016, would close a "back door" to dissuade further boat arrivals.

According to the latest figures, there are 652 people on Nauru, with 541 classed as refugees and 23 as failed asylum seekers. The status of another 88 is yet to be determined.

The United States has accepted 276 people as part of a resettlement deal and rejected an additional 148.

There is growing pressure from crossbench MPs for the Government to accept New Zealand's offer, with incoming independent Kerryn Phelps describing the issue as a first priority.

The Greens are now open to considering a travel ban for the group, but only if all children are first brought to Australia for medical treatment, and restrictions only applied to the cohort sent to New Zealand.

"We need to put the politics aside and look after these children, who are being traumatised and brutalised right now," leader Richard Di Natale told the ABC.

"If resettlement after that means resettlement in New Zealand with limited restrictions, just on that group, that's something we will consider.

"What we won't consider is putting bans or restrictions [on] those people who have been left behind.".....

Friday 28 September 2018

Two Boats: Australian Prime Minister caught out by media



News.com.au, 20 September 2018:


Mr Morrison was the immigration minister who enforced the controversial policy to stop asylum seeker boats reaching Australia.

The Prime Minister addressed the trophy in an interview with the Nine Network on Thursday.

“It was given to me by a mate down in the Shire who runs a sign business. He loved the fact that we did that,” Mr Morrison said.

“It has been sitting in my office, by the way, for about five years. I don’t think that there is anything terribly new about it.”

The Guardian, 22 September 2018:



Scott Morrison gave a model of an asylum-seeker boat emblazoned with the words “We stopped these” to Roman Quaedvlieg as a thank-you gift for his work on the Coalition’s border protection policy, Quaedvlieg has said….

Morrison said his model had been with him for about four years but he did not mention that he had also given out others as gifts….

It’s understood other [boat] trophies were also handed out.

Saturday 8 September 2018

Quote of the Week



We have lost our moral compass as a nation. And our new PM has been a huge part of the problem.  [Director of Legal Advocacy at Human Rights Law Centre Daniel Webb, Twitter, 31 August 2018]


Wednesday 4 July 2018

Government of Nauru: Turnbull's will comes first


Image of Nauru at abc.net.au

The small island Republic of Nauru’s official motto is "God's Will First.

I strongly suspect that Nauru has unofficially changed it to “Turnbull's Will First” ahead of Prime Minister Malcolm Turnbull’s visit to the Pacific Islands Forum, with an eye turned towards protecting annual funding coming from the Australian Government.

Australia is Nauru’s largest trade, investment and development assistance partner, providing development assistance worth $26.1 million in 2017-18 and $25.9 million in 2018-19.


That particular multimillion dollar revenue stream is said to financially benefit some of Nauru’s most powerful families.

So banning ABC employees from entering the country would have been an easy decision for the Government of Nauru to make given the current Australian prime minister’s well known animus towards the Australian Public Broadcasting Corporation.

Statement from Republic of Nauru – Update for media attending Sept 2018 Pacific Islands Forum

Published by  NauruNews at  July 2, 2018

The Government of Nauru looks forward to welcoming media from across the Pacific region and further afield, to cover the upcoming Pacific Islands Forum (PIF) in September. Due to very limited accommodation we have had to place restrictions on the number of people from all sectors who are able to attend, including government delegations and the media. There has been no restrictions placed on media attendance for any reason other than this indisputable fact of accommodation and facility availability. We are confident that a wide cross section of media will attend, as they have for previous forums. Of course, as is the case for anyone entering Nauru – and indeed every other sovereign nation – all are expected to abide by their visa guidelines (in this instance a specific PIF media visa will be issued with no associated fees), respect the laws of our country, and not engage in activities that cause or encourage disruption or civil unrest.

We recognise that media from Australia have a unique interest in Nauru due to our partnership with Australia as part of its border security operations. While we will ensure that some media representatives from Australia will attend along with other Pacific and wider media, we will be requesting they follow all guidelines and directions of authorities in order to ensure the safety and security of citizens and residents of Nauru. There are unique security and safety issues in Nauru that must be considered and respected, and the Government reserves the right to revoke the visa of any person that breaches their visa conditions.

We are ensuring that along with other media from Australia, at least one Australian TV news outlet will be able to cover the PIF and footage will be available to other outlets who are not able to attend.

It is important that media representatives travelling with national political leaders or heads of state – specifically from Australia and New Zealand – are aware that they still must apply for accreditation and an appropriate visa through the website of the Government of Nauru, as per normal procedures. No person can enter Nauru without a valid visa and anyone attempting to do so, irrespective of who they are travelling with, will not be allowed entry. Accreditation applications have now closed as per PIF guidelines, however applications will still be accepted until 5pm Nauru Time on July 3, 2018, from any representatives who wish to travel to PIF as part of a ‘pool’ with their national leader and has not yet applied. Again, these spots are limited (particularly by accommodation) and will be included in (not separate from) the overall media numbers which are still to be finalised. Media that have been issued accreditation will be advised soon, as will those applicants who we could not accommodate.

It should be noted that no representative from the Australian Broadcasting Corporation will be granted a visa to enter Nauru under any circumstances, due to this organisation’s blatant interference in Nauru’s domestic politics prior to the 2016 election, harassment of and lack of respect towards our President in Australia, false and defamatory allegations against members of our Government, and continued biased and false reporting about our country. It is our right, as it is the right of every nation, to choose who is allowed to enter.

ABC News reported on 2 July 2017:

ABC News Director Gaven Morris responded, saying the broadcaster "vigorously defends our role in doing independent reporting on our region".

"The ABC does not intend to vacate our position in the media pool covering the Pacific Islands Forum in Nauru," Mr Morris said.

"The Nauruan Government should not be allowed to dictate who fills the positions in an Australian media pool.

"It can hardly claim it is 'welcoming the media' if it dictates who that media will be and bans Australia's public broadcaster."

For the cameras Malcolm Bligh Turnbull pretends he has no power to intercede.
Even if Turnbull didn't want to make a personal approach to the President of Nauru - for heaven's sake - we have gone to the expense of maintaining a High Commission on that 21 km² slip of an island since August 2009. 

If he so wished Malcolm Turnbull can make the High Commissioner earn her generous salary by having her present a formal request from the Australian foreign minister to allow ABC jounalists and a camera crew to attend the Pacific Islands Forum.

However, as it is highly likely that Nauru's ban is only an anticipation of Turnbull's wishes I won't be holding my breath.

Tuesday 26 June 2018

Australia’s Border Farce lives down to its nickname


Minister for Home Affairs and Liberal MP for Dickson Peter Dutton’s poor oversight and lack of managerial skills is on display for all to see…….


The benefits of the merger of the Immigration and Customs departments and creation of Australian Border Force  haven't been proven and promised increased revenue hasn't materialised, a damning audit report has found.

While the Department of Immigration and Border Protection did achieve the merger effectively, it "is not in a position to provide the government with assurance that the claimed benefits of integration have been achieved," the report said.

The merger of the Department of Immigration and Border Protection with the Australian Customs and Border Protection Service took place in 2015, with its functions now covered under the Department of Home Affairs. Controversial at the time, it heralded a move to focus more on guarding the country's borders over resettlement and migration.

In the business case for the merger, the department committed to a "Benefits Realisation Plan," but because the plan was not implemented, the claimed benefits have not been measured and can't be demonstrated, the report said.

While the business case for the integration of the departments promised an increase in revenue from customs duty, less than half of the promised revenue increase has materialised. At the end of 2017, just 42.2 per cent of the extra revenue committed to had been achieved, and the report predicted that at the current rate just 31.6 per cent of the additional revenue promised would be delivered.

When the merger was announced, then immigration minister Scott Morrison promised "hundreds of millions in savings" would be reinvested back into the agency.
Auditor-general Grant Herir slammed the department's record keeping, which the department admitted was in a "critically poor state," and said there was no evidence that the Minister Peter Dutton was given written briefings on the progress of the integration of the departments.

In its response, the Department of Home Affairs acknowledged it had issues with record keeping and committed to making improvements a priority. The report didn't look on this commitment favourably though, pointing to more than 10 years of audits and reviews that have made similar findings.

The problems and their solutions are known to the department, and it has an action plan to address them, although numerous previous attempts to do so have not been successful," it said.

The report also found that the department experienced a loss of corporate memory through the merger.

"Almost half of SES officers present in July 2015 [were] no longer in the department at July 2017," it said.

The report also found that out of 33 consultancy contracts with values of more than $1 million, just 2 were evaluated for value for money, meaning that it was unclear if the other 31 contracts had been value for money.

Spending on consultancy in the department more than doubled in the years after the merger, topping more than $50 million in each of the 2014-15 and 2015-16 financial years…..

The Age, 19 June 2018:

The multimillion-dollar college that trains Australia’s border security personnel has “overpromised and underdelivered” and immigration and customs officials have repeatedly abused their powers, a scathing report has found.

The government-commissioned findings also said many department staff lack the training needed to perform their jobs and “jaws of death” have gripped officials struggling to complete more work with fewer resources.

In May 2014 the Coalition Abbott government controversially announced the creation of the Australian Border Force (ABF), as part of a merger of customs and immigration border operations. Crucial to the new super-charged agency was the establishment of the ABF College, with multiple campuses, to ensure recruits and existing staff “have the right skills to do their jobs”.

Under the former department of immigration and border protection, consultants RAND Australia were asked to evaluate the progress of the merger, ahead of the creation of the Home Affairs portfolio in December last year which combined immigration, border protection, law enforcement and intelligence.

The findings concluded that “clear and unequivocal” progress has been made towards building a “modern border management capability”.

However, success had been “uneven” and in particular, the ABF College “largely remains a disappointment to senior leaders across the department”.

The report involved interviews with senior department officials, who cited concern that the college’s curriculum was “not adequate for actual training needs”.

The college’s use of technology was poor and, in many cases, was used to “automate bad learning environments” rather than improve training.

The college was supposed to train staff across the department, however many officials were not given time to attend courses.

Overall, the college and other training opportunities in the department “overpromised and underdelivered to the detriment of the workforce and the morale”.

One senior official was so frustrated at the problems that he suspended a board examining the issues “until new terms of reference and fresh ideas were developed”.
The report is dated 2018 but it is not clear exactly when it was finalised. The Department of Home Affairs did not answer questions from Fairfax Media on how much had been spent on the college and where its campuses were located. Officials have previously said the 2014-15 budget included $54 million to establish the college and other training measures, and that several campuses would be established including in Sydney and Canberra.

Across the department’s broader workforce, senior officials said staff in many cases lacked “the capability to do the work required of their assigned positions”.

This included customs and immigration investigators “not understanding the law, use of force protocols, and rules of engagement” which in some cases led to “abuse of power,” the report said.

One official said field compliance officers “were doing dangerous jobs without proper training” and another described a junior officer who was “unable to manage shipboard operations due to a lack of proper training and experience”.

Department staff described being held in the “jaws of death” as they juggled an increased workload and declining resources. Senior officials repeatedly raised concern that the ABF received more resources than other divisions but “has not been subjected to the same level of scrutiny”….

As a local member it appears that Dutton is also having ‘workforce’ issues ahead of the forthcoming federal election…..

www.peterdutton.com.au as of 20 June 2018:

Peter is working hard but could use your help.
If you can spare an hour or two to help Peter in Dickson, please join the team.

The most shameful evidence of Peter Dutton's management style is found when one condiders that as Minister for Immigration and Border Protection since 23 December 2014, he currently has ultimate responsibility for the welfare of asylum seekers held in custody. 

Bringing the total number of deaths in onshore or offshore detention and in the community to est. 64 people since January 2000. 

That is the equivilant of almost four deaths each year on Peter Dutton's watch and around three deaths per year overall.

According to MSN on 21 June 2018; There are nearly 700 men currently in detention on Papua New Guinea, and more than 900 men, women and children on Nauru.

Friday 8 June 2018

Being political tzar of all one surveys does not always mean that the world will bow down before you


There is no disputing that since becoming the ministerial head of that new 'super' federal government department, the Department of Home Affairs, Minister for Immigration and Border Protection Peter Craig Dutton has enjoyed a level of political power not shared by his ministerial colleagues. 

However he is obviously not happy that this power does not intimidate Australian courts and tribunals.

Perhaps this is because his Migration and Refugee Division and Character Assessments and Cancellations Branch are not always winning Dutton's war against orphans, refugees and those under threat of torture.

Administrative Appeals Tribunal decisions1 in 2018:

The Department of Immigration and Border Protection refused the applicant’s Protection visa. The applicant claimed he could not return to Malaysia due to his homosexuality as he would be subject to discrimination and abuse. The Tribunal set aside the decision. 

An application made by a family of three for Protection visas was refused by a delegate of the Minister for Immigration and Border Protection. The applicant seeking protection claimed he was at risk of torture if returned to Pakistan. The Tribunal remitted the decision with the direction that the applicant satisfied section 36(2)(aa) of the Migration Act 1958.

The review applicant sought two Orphan Relative visas for his younger siblings on the basis that their only existing carer, their mother, was incapacitated and could not care for them. The applications were refused by a delegate under section 65 of the Migration Act 1958 and the Tribunal remitted the applications for reconsideration with the direction they met the criteria for the visas.


The Department of Immigration and Border Protection refused the visa applicant's Student visa. The visa applicant was a child residing in Somalia and both of his parents were deceased. His maternal aunt, an Australian citizen, was his carer and was attempting to return home to Australia to her family with the child. The Tribunal set aside the decision. 


Footnote:

1. "The review of decisions to refuse or cancel a visa on character grounds is a small component of the broad range of decisions about visas reviewed by the AAT, and an even smaller component of the overall caseload managed by the AAT. 
To put these matters in context, in 2016–17, the Tribunal finalised 42,224 reviews, of which 168 decisions (or less than 0.4 per cent), related to visa cancellations and refusals on character grounds
In considering and deciding these matters, Tribunal members are bound to apply Ministerial Direction No. 65 which sets out three primary considerations which must be taken into account. These include protection of the Australian community; the best interests of minor children in Australia; and expectations of the Australian Community.  The Direction also sets out five ‘other considerations’ which must also be taken into account, including: international non-refoulement obligations; the strength, nature and duration of ties; impact on Australian business interests; impact on victims; and the extent of impediments if removed.  These decisions are routinely published and contain an explanation of the Members’ evaluation of each of these considerations." [AAT appearance at Senate Estimates, 25 May 2018]

Sunday 27 May 2018

Another asylum seeker death on Manus Island


There have been three deaths of asylum seekers held in Australian off shore detention in the last nine months - one on Nauru and two on Manus Island - according to Border Crossing Observatory.

This recent death brings the count to four.

UNHCR: The United Nations Refugee Agency, media release, 22 May 2018:

UNHCR Statement
By UNHCR Regional Representation in Canberra  22 May 2018

UNHCR, the UN Refugee Agency, is profoundly saddened by the death of a Rohingya refugee on Manus Island, Papua New Guinea, today. The tragic loss of yet another vulnerable person under Australian ‘offshore processing’ again underscores the need for proper care and immediate solutions.

“With the passage of too many years and the withdrawal or reduction of essential services, the already critical situation for refugees most in need continues to deteriorate,” said Nai Jit Lam, UNHCR’s Deputy Regional Representative in Canberra. “Australia’s responsibility for those who have sought its protection remains unchanged. Our thoughts and condolences are with the man’s family today.”

UNHCR renews its call for the Government of Australia to take immediate action to provide assistance and solutions, and to avert further harm and tragedy. Comprehensive, intensive support for refugees and asylum-seekers remains desperately needed in both Papua New Guinea and Nauru. The national authorities of both countries lack the means and infrastructure to address growing needs.

UNHCR is continuing to seek further information from the Governments of Australia and Papua New Guinea respectively.

UNHCR Regional Representation in Canberra
UNHCR’s Regional Representation is based in Canberra, and is responsible for the promotion and protection of refugee rights in Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.


The Guardian, 22 May 2018:

A Rohingya refugee has died in a violent motor vehicle incident on Manus Island.

The man was witnessed “coming out of a moving vehicle”, according to the Asylum Seeker Resource Centre, and suffered “very serious head injuries”.

He died at the scene, the organisation said. “It is not know who else was in the vehicle.”

The man, whose identity is not being released until his family is notified, had a long history of physical and mental illness and had been on Manus for more than five years.

A few years ago he was sent to Australia for medical treatment but was returned, according to the journalist and refugee Behrouz Boochani.

Boochani said the other refugees had been aware of his illness. They were “deeply saddened and horrified at the news of another friend’s death”.

Friday 19 January 2018

The growing cost of Australian Government policy concerning asylum seekers


Its asylum seeker policy is costing Australia more than a loss of international reputation......

Financial Review, 5 January 2018:

Maintaining Australia's hardline immigration and border policies cost taxpayers more than $4 billion last financial year, including nearly $1.6 billion on compliance and detention.

Treasury figures provided to a Senate estimates committee showed in 2017, the largest spending component for immigration and border protection activities was onshore compliance and detention, followed by $1.083 billion for the management of irregular boat arrivals and $1.059 billion on border enforcement……

a near $5 billion price tag for five years of Australia's offshore immigration detention program, including the total operational and infrastructure costs for Australia's detention facilities on Nauru and Papua New Guinea's Manus Island, peaking in 2015-16.