The ‘no advantage’ myth in refugee processing

In August 2012, the Report of the Expert Panel on Asylum Seekers created a new myth in the language of asylum seekers and refugees. That was the idea of “the no advantage principle”. It is a variation on the “refugee queue” myth and is taking on a life of its own. This is because the Government is struggling…

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Asylum seekers will now be released into the community with no right to work. AAP/Department of Immigration and Citizenship

In August 2012, the Report of the Expert Panel on Asylum Seekers created a new myth in the language of asylum seekers and refugees. That was the idea of “the no advantage principle”. It is a variation on the “refugee queue” myth and is taking on a life of its own. This is because the Government is struggling to explain the fiction of “no advantage” as a fact.

In the Panel Report at 3.49- 3.50 it states:

3.49 Other IMAs not in need of moving to Australia would remain in Nauru until their refugee status is determined and resettlement options are finalised.

3.50 Irrespective of whether IMAs stay in Nauru for the period of their status determination or are moved to Australia, the same principle would apply to all. Their position in relation to refugee status and resettlement would not be advantaged over what it would have been had they availed themselves of assessment by UNHCR within the regional processing arrangement.

Thus the myth begins. The problem is there is no processing time for refugee cases anywhere on the planet. The case takes the time it takes. The reason why some wait years for resettlement is not due to any “queue” or “no advantage test” but simply about quotas. Australia has now increased the total program to 20,000 places, onshore and offshore together. So when the number of visas to be issued is reached in a certain year, other cases are left in an administrative storage until the next visa year begins.

The number of visas and the allocation to various regions can vary from year to year. Some years the priority has been on African cases, sometimes on the Middle East. It is not as if you receive a number and wait for your number to be called. Refugee A’s case may be identified to be in urgent need of resettlement due to the facts of the case, so A may be resettled more quickly than B who arrived at the UNHCR office the same day. Then the next year, C is resettled before B because C is from a minority at high risk due to the new circumstances in the country.

Whatever happens, there is a certain arbitrariness in the process which is why some people come on a boat because they believed that at least their case would be looked at sooner. Hence the “no advantage myth” was created to punish such people. The minister is unable to say how long the waiting time will be, simply because there are no criteria for working that out.

The “no advantage myth” is now part of the deterrence strategy. It characterises the refugee who comes by boat as bad and makes them wait for an unknown period. You will wait in a tortuous limbo in Nauru or on Manus Island – Australia’s neo-colonial centres for refugee warehousing. Or maybe you will wait in Australia on a restrictive bridging visa with no permission to work, wondering when the knock on the door will come and you will be shunted off to Nauru. At least the Temporary Protection Visa (TPV), for all its faults, allowed people to work and look after themselves.

Meanwhile the opposition is working itself up into a lather over the numbers arriving. The main difference between the government and opposition policies is the TPV. Everything else is the same. The TPV was introduced in October 1999 and after it was introduced, there was a spike in arrivals, not a decline. There is no objective evidence to support the view that the TPV had any impact on “stopping the boats”.

All the reports on TPVs refer to the serious mental health deterioration they caused while refugees awaited their fate and a chance to reunite with families from whom they had been separated for years.

A flaw in the debate is the focus on “stopping the boats”, a main plank in the political debate and also the panel report. This is a complex area for policy, and simplistic solutions that fit into 30 second news bites fail to respect the human rights issues or dignity of all the people involved in this area.

Good policy requires a balance to be struck between competing demands. Good policy does not cave into the populist chant which will only require governments to become more cruel in their treatment of people.

One other aspect of the panel report that is more realistic but harder to implement is the call for a regional solution. This is longer term and involves good political will from countries in the region, few of whom have signed the UN Refugee Convention or other human rights conventions. This process will take a long time, which makes it unattractive to the 24-hour news and three-year election cycles.

Policy development will take longer. Meanwhile the conditions for the refugees predictably deteriorate and become more complex and uncertain.

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50 Comments sorted by

  1. Ellie Price

    Consultant

    I must admit to some confusion with the newly announced plans. If those arriving on boats and claiming refugee status are settled in the Australian community, with 'minimal support' and no right to work, how exactly are they expected to support themselves? Will local charities, many of them already struggling to meet demand, be expected to provide additional support?

    Based on the very limited information available, it seems inevitable that this policy will do nothing but create a new category of extreme poverty in Australia - along with all the social issues that go along with extreme poverty. Think Redfern, but worse.

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    1. Marilyn Shepherd

      pensioner

      In reply to Ellie Price

      It's quite absurd isn't it? We are now spending over $140,000 per year per person to jail them, it will turn out to be about $1 million people per year on Nauru and Manus while we whinge about giving refugees minimal allowances to starve here.

      They have no brains and John, do go away.

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    2. Marilyn Shepherd

      pensioner

      In reply to Ellie Price

      Attorney General,
      You are breaking this treaty and trying to force other countries to criminalise refugees and their means of transport.

      That is not thing more and nothing less than a contribution to genocide of refugees.

      UNHCR Summary Position on the Protocol Against the Smuggling of Migrants by Land, Sea and Air and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention Against Transnational Organized Crime…

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    3. Felix MacNeill

      Environmental Manager

      In reply to Ellie Price

      Yeah - pretty dumb, isn't it?

      The concept raised in other places of requiring refugees to go to regional towns and cities and work there while their application for asylum is being processed might be fair enough (if you can find ways to do it in practice without creating an underaid workforce that just ends up cutting wages for other Australians as many in the union movement fear). I don't see anything intrinsically or inevitably inhumane about trying to find ways of counter-balancing the cost…

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    4. Judith Olney

      Ms

      In reply to Ellie Price

      Totally agree Ellie Price. Extreme poverty, along with a sense of hopelessness, fear, and resentment, will IMO lead many to criminal acts, that they would not be led to otherwise, simply to be able to survive. This will have a profound effect on the community, and further alienate refugees, and have them branded as criminals because of the government policies that have forced them to become criminals.

      The criminalisation of poverty will just be another way that the governments and the bigoted in our society can justify their views and cruel and inhumane treatment of refugees.

      Not allowing refugees to work, and paying them less welfare than is required to actually live in the community, is stupid policy, and a sure way to build resentment among refugees, (who are not criminals, or illegal), and among the community as a whole. It beggars belief that any government would go down this very divisive and repulsive path.

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  2. John Coochey

    Mr

    What we have is a Howard Pacific Solution when you are pretending it is not a Pacific Solution. I have a friends who's son was a major architect in the Howard policy which actually worked, average three boats a year as opposed to three every two days now, please do not insult my intelligence by talking about push factors. The immigration system is about to collapse, Immigration does not have the facilities to process the current flood of arrivals. Regarding work, solution simple. Civilian draft as we currently have for doctors, if you want your hec moderated and a Medicare provider no. Go work in the bush! I remember a letter to the editor a while ago written by a jew who had managed to escape to Switzerland to avoid the Nazis which complained he had to work on a road gang to earn his keep. A few days letter a response from someone who had done the same saying he should be thank full for what he go because he had had the same experience and was happy he had survived.

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    1. Marilyn Shepherd

      pensioner

      In reply to John Coochey

      Yes but the refugees want to work, we are the ones who will be stopping them so people like you can keep whining.

      Our media are not help, they simply lazily accept any nonsense they are sent as if it is a fact.

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    2. Marilyn Shepherd

      pensioner

      In reply to John Coochey

      David, what has sponsorship got to do with anything?

      What is wrong with you racist dingbats? We are squandering billions inventing new lies and ways to punish innocent people based only on the fact that they saved us hundreds of millions by paying their own way here, just like everyone else has to.

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    3. Mike Hansen

      Mr

      In reply to John Coochey

      Marilyn. On another thread it appeared that "David Clerke" was in fact John Coochey posting under another identity. I challenged him on it but he refused to confirm or deny.

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    4. Mike Hansen

      Mr

      In reply to John Coochey

      John. I doubt anyone could find your intelligence let alone insult it.

      Are you aware of the advice "Do not drink and drive". Well that advice should apply to your posting here. I find it hard to believe that you are actually sober when you draft your incoherent rants.

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    5. John Coochey

      Mr

      In reply to John Coochey

      Well Marylin, or is it Mike? We have been told about a child starving to death while in detention in Australia, can we have a reference on that please? And the bleeding hearts have been challenged on what they personally have done for refugees or immigrants with no reply. I have taught ESL as a volunteer and some of these people are still some of my closest friends twenty years later. Now I have no idea of "Marylin's" (if she actually exists) personal circumstances and essentially it is none of my business but her position would have much more credibility if she were putting her own time and money were her mouth was.

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  3. Felix MacNeill

    Environmental Manager

    Excellent article.

    Somewhat more predicatbly than the sunrise, the possibly-real 'David Clerke' has raised the canard of 'How many refugees will you have living in your house?' as if that were a rational argument.

    David, assuming you'd be unhappy to be considered hypocritical, and assuming you thought it was fair and reasonable to raise that question, answer me this: will you be volunteering your garage to be turned into a detention centre, complete with razor wire, guards, hunger strikes and crying children?

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  4. Stuart Eley

    logged in via email @gmail.com

    I'm not decided on this issue.

    When I look at the numbers, it just seems that minimising arrivals by boat is by far the most ethical position. I am desperate for the government to find a solution to poor women, children and men dying at sea.

    I don't see how any positive result from the boat journey could not be seen as an incentive. Having a minefield with starving people on one side, then putting food on the other is unethical. Take the food away.

    We've said we'll take 20,000 of the most…

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    1. Marilyn Shepherd

      pensioner

      In reply to Stuart Eley

      What does taking 20,000 of the most desperate mean do you think?

      What is means is we want to illegally swap an obligation to those who arrive here because they have never been safe for a voluntary program of resettlement for people who are already safe.

      It's like giving a second home to people who have a home while leaving those who don't have a home without one.

      AS for drowning, 20,000 or so kids die every day of starvation, a few people drowning is not the point really and they only drowned because we refused to rescue them.

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  5. John Coochey

    Mr

    What we need from the Marylins and the so called experts is or are solutions. Other than the open borders which they seem to espouse what are these solutions?

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    1. Marilyn Shepherd

      pensioner

      In reply to John Coochey

      But by law the borders have to stay open for refugees, the reason they have to stay open for refugees is because refugees tend to be slaughtered when borders are closed.

      What is so hard about that for you to get?

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  6. Dave Phillips

    logged in via Facebook

    Totally ignored is the fact that more people overstay (or enter the country with plans to stay by any means possible), actually arrive by plane in what would appear a to be normal legitimate fashion. Boats and numbers of people onboard are higher than previously, but there are far more people here "illegally" from air travel than boats. In fact visa over-stayers and the like are more insidious as they have to face customs and immigration at the airport on arrival and physically lie to them about their stay and purpose of visit, that to me should be grounds for less favourable processing when they are eventually tracked down in the community.

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    1. Greg Boyles

      Lanscaper and former medical scientist

      In reply to Dave Phillips

      I agree that this is the case at present.

      But I again point out that there is absolutely no reason to assume that this will always be the case if we relax our determination to stop illegal arrivals.

      There is the real potential, in the coming decades, for illegal arrivals to hugely exceed those immigrants arriving on planes.

      I don't normally agree with Tony Abbott on anything. But he is absolutely right to point out that illegal arrivals could potentially become a defacto invasion of our country in a very short time span.

      And this is not acceptible.

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  7. John Ward

    logged in via Facebook

    is easy now to understand how the German people were swamped by Nazism.
    The Australian electorate swallowed all the duplicity and lies that Howard spread to win elections and they still cringe in fear when they are confronted by the concept of asylum seeking or 'boat people'.
    If anyone takes the trouble to read the UNHCR's definitions and the Treaty we are signatory to, you will find that Australia is one of only 10 countries who have pledged to take a quota of refugees over and above those that…

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  8. John Ward

    logged in via Facebook

    It is easy now to understand how the German people were swamped by Nazism.
    The Australian electorate swallowed all the duplicity and lies that Howard spread to win elections and they still cringe in fear when they are confronted by the concept of asylum seeking or 'boat people'.
    If anyone takes the trouble to read the UNHCR's definitions and the Treaty we are signatory to, you will find that Australia is one of only 10 countries who have pledged to take a quota of refugees over and above those…

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  9. Jodie A

    BA

    Why can't they receive a bridging visa with work conditions?

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  10. Greg Boyles

    Lanscaper and former medical scientist

    I agree. This no advantage thing is a delusion.

    The ALP government is trying to deter them but at the same time giving them hand outs to induce them to return home.

    Load them all on bl00dy cargo ships and DUMP them back in Sri Lanka WITHOUT any of our money.

    That WILL deter them!

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    1. Marilyn Shepherd

      pensioner

      In reply to Greg Boyles

      Why, you really are just a brutal bully aren't you. What will you think when we hear that the Sri Lankan government is now deciding to kill many of the Sinhala catholics we have sent back without the right to make a claim, something that is completely illegal.

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  11. Greg Boyles

    Lanscaper and former medical scientist

    I wonder if the bleeding hearts in here would afford the same sort of sympathy to single teenage mothers if they all started slashing their arms and sowing their lips together because their centrelink payments were not enough!

    I am doubting it!

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  12. Greg Boyles

    Lanscaper and former medical scientist

    "That pledge was made by a much braver and humane generation than the present crop of terror stricken, politically browbeaten cowards that surround us today."

    It was also made many decades ago when the global population was a fraction of what it is today and the global flow of refugees was considerably smaller.

    We no longer live in that world John Ward.....perhaps you haven't noticed.

    We can no longer afford to have unrestricted entry for any refugees that turn up at our borders and tough decisions now have to be made with some supposed refugees getting the anser "no".

    I will not accept unrestricted entry of supposed refugees and clearly the majority of Australians will not accept it given that the two major parties are now virtually in lock step on this isseue.

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    1. John Ward

      logged in via Facebook

      In reply to Greg Boyles

      Greg will you therefore have Australia pull out of the United Nations and deny the Declaration of Human Rights?
      The Universal Declaration recognises there is no protection of human rights without the rule of law.

      Let me show you some of the articles that relate to the rule of law:

      Article 4.

      No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

      Article 5.

      No one shall be subjected to torture or to cruel, inhuman or degrading…

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    2. Marilyn Shepherd

      pensioner

      In reply to Greg Boyles

      Why? You never say why we have to brutalise people who have managed to escape from wars.

      Currently there are 7 billion people on the planet and 15 million refugees - the world could absorb them tomorrow without even noticing but simply can't be bothered.

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  13. Greg Boyles

    Lanscaper and former medical scientist

    Yes John Ward, that is EXACTLY what I am advocating. And I believe Bob Birrell has also suggested it.

    We should unratify the UN convention on refugees and eliminate this as a legal instrument for you so and sos to undermine federal immigration policy and boost our population.

    As it stands the UN convention on refugees and maintenance of soverignty are simply incompatible.

    As an advocate of zero net population growth, I se no difference between the naivity exhibited by the business community with their skilled immigration based population boosting and your naivity with your refugee based population boosting!

    That is not to say that I think we should accept no refugees at all if we do secede from the refugee convention. Just that any refugees that we do accept should not be under the duress of narrow minded interest groups like your or from external durisdictions.

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  14. Greg Boyles

    Lanscaper and former medical scientist

    Let me ask you this telling question John Ward et el.

    Right now we are getting a something like 10,000 illegal arrivals per year.

    In the face of legal skilled immigration I agree that it is fairly insignficant.....AT PRESENT.

    Let us suppose that your collective assumption that this average number of illegal arrivals DOES NOT remain at that level if we throw out the wlecome mat so to speak.

    At what point will you people be prepared to say no to refugees regardless of the alleged threat…

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  15. Greg Boyles

    Lanscaper and former medical scientist

    RE: Marilyn Shepherd

    "Currently there are 7 billion people on the planet and 15 million refugees - the world could absorb them tomorrow without even noticing but simply can't be bothered."

    How the hell would you know how many the west can absorb? Can you back this assertion up with some evidence.

    Like I said previously, this whole obsession with you people is more about bl00dy politics than it is about genuine caring!

    Are you really going to sit here and insist that Greece, for example…

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  16. Comment removed by moderator.

  17. Greg Boyles

    Lanscaper and former medical scientist

    RE: Marilyn Shepherd

    "Why, you really are just a brutal bully aren't you"

    Your damn right I am Marilyn .

    May be we need a few more 'bullies' to stand up you twits and call out your hypocricy, naivity and idiocy!

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  18. Greg Boyles

    Lanscaper and former medical scientist

    RE: Marilyn Shepherd

    "But by law the borders have to stay open for refugees"

    Well if that is what the UN refugee convention has become then all the more reason to secede from it and make our own arrangements!

    You have ZERO chance of convincing the majority of Australians to 'open' our borders to refugees so GIVE IT UP!

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  19. Greg Boyles

    Lanscaper and former medical scientist

    RE: Marilyn Shepherd

    "AS for drowning, 20,000 or so kids die every day of starvation, a few people drowning is not the point really and they only drowned because we refused to rescue them."

    So a few thousand refugees drowning at sea matter less than YOU getting your political way in Australia! You bl00dy hypocrit!

    "they only drowned because we refused to rescue them."

    How much money are you prepared to divert away from hospitals, schools and aged care facilities to rescue those refugees who gample with their lives at sea and loose????

    And is it your position that we should encroach on on the territorial waters of Indonesia and other countries in order to rescue refugees.

    I think Indonesia et el would have some objections to that.

    If refugees gamble with their lives then we should not be expected to spare any expense or diplomatic consequences in order to rescue them.

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  20. Greg Boyles

    Lanscaper and former medical scientist

    "a few people drowning is not the point really "

    This is classic Marilyn. This is a clear demonstration that this issue is more about winning a political fight than it is about REALLY caring about refugees.

    I am going to quote this line every where I can and attach your name to it!

    You will be a perfect ambassador for the REAL motivations of the refugee lobby!

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  21. John Zigar

    Researcher

    The posts on this story have been one of the most ridiculous, pointless, insulting and uninformed of all of the posts I have ever read on The Conversation. The sentiments expressed here are indeed reminiscent of opinions expressed in NAZI Germany, except that we have replaced the word 'Jew' with 'refugee'.

    If these ‘refugees’ were British citizens, coming here to flee a devastating war, they’d be welcomed with open arms, regardless of how many.

    You people disgust me!

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    1. Greg Boyles

      Lanscaper and former medical scientist

      In reply to John Zigar

      Yeah well John Zigar you equally disgust me with your refugee zeal, the ease with which you hurl around racist and nazi slurs without bothering to exert some intellectual effort in trying to understand our concerns and, as indicated by Marilyn's callous comment about a few refugees drowing at sea being beside the point, the obvious fact that you hypocirits are in this to win a ideological political fight more than you are to help refugees!

      And for your information, my personal attitudes would be unchanged if we were facing a flood of refugees from Britain or from the USA. I don't care about skin colour, only numbers!

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    2. John Zigar

      Researcher

      In reply to John Zigar

      Greg, there are two options here: one, you are a very deluded, bitter and twisted person, or, two: you actually believe your paranoid drivel. You decide.

      I believe the majority will agree with me on this one.

      Bye bye

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  22. John Ward

    logged in via Facebook

    If we Ignore history we will be bound to repeat the same fate as the German people in 1933.
    Greg Boyle makes my case perfectly, He and many like him have become as rabid as the Jew haters of Hitler's Germany.
    John Howard right from the children overboard disgraceful lie, to illegals, and asylum seekers as terrorists and weapons of mass destruction. Greg Boyle you dishonour the men and women who fought to keep this world free from the fascist xenophobic madness you promote.

    We need more bullies you say. Well you will get plenty when Abbott is elected. Perhaps you can join with him to hunt down the bleeding hearts who think the world is a very small place and believe that respect, love and hope are the way to save it from the sociopaths among us.

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    1. Greg Boyles

      Lanscaper and former medical scientist

      In reply to John Ward

      Blah, blah blah blah John Ward.

      If I really was a nazi then surely I would be calling for the expulsion from Australia of all non-whites in the same way as the nazis expelled all the Jews.

      I challenge you to find any of my posts in any Conversation topics where I have advocated such action.

      Vis a vis your comparison of my attitude to nazism is a a straw man slur.

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    2. Greg Boyles

      Lanscaper and former medical scientist

      In reply to John Ward

      Surely, as a supposed nazi, I would also refuse to carry out landscape works for any non-whites.

      Also demonstably false!

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    3. Greg Boyles

      Lanscaper and former medical scientist

      In reply to John Ward

      Perhaps Victoria should start diverting all of our immigrant stream down to Tasmania (including refugees and skilled immigrants) and see how your little state government copes with the influx regarding infratsurcture etc.

      Then we will see if you immigration zeal holds!

      Perhaps you need to get out of Tasmania for a while John Ward and spend several years living in the western suburbs of Melbourne and Sydney.

      Because your current view of what immigration levels Australia can sustain is grossly naive!

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  23. John Ward

    logged in via Facebook

    1. Propagandist must have access to intelligence concerning events and public opinion.

    2. Propaganda must be planned and executed by only one authority.
    a. It must issue all the propaganda directives.

    b. It must explain propaganda directives to important officials and maintain their morale.

    c. It must oversee other agencies' activities which have propaganda consequences

    3. The propaganda consequences of an action must be considered in planning that action.

    4. Propaganda must affect…

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  24. Greg Boyles

    Lanscaper and former medical scientist

    This whole notion of ending the divisive debate on the issue is a FARCE!

    There is no debating with these refugee ideologs.

    Clearly we need to have it out in a brutal public brawl and decide this issue once and for all with another election.

    Then may be we will see the final nail in the coffin for their idiotic dreams of open borders!

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  25. Greg Boyles

    Lanscaper and former medical scientist

    RE: John Zigar

    "Greg, there are two options here: one, you are a very deluded, bitter and twisted person, or, two: you actually believe your paranoid drivel. You decide.

    I believe the majority will agree with me on this one."

    The majority in your sheltered little lefty 'work shop' will agree with Johny boy.

    But there is a much large majority out here in the real world that I occupy who all agree with me that you and your mates are a bunch of lefty socialist crack pots whose prefered policies will never see the light of day!

    And who is really damn well bitter here??????

    Me....perhaps....perhaps not......or dim wits like you who accuse anyone who disagrees with your extreme socialist ideology as nazis and racists!!!

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    1. John Ward

      logged in via Facebook

      In reply to Greg Boyles

      At a May 9, 1984 press conference, Simon Wiesenthal said, "Nazi criminals were the principal beneficiaries of the Cold War." The cold war mentality, hyped by Reinhard Gehlen and other Nazis, became the shelter for tens of thousands of Nazi criminals. Helping the far right in this country to promote cold war hysteria became the Nazi war criminals "reason for being." As Christopher Simpson says, the cold war became those criminals' means "to avoid responsibility for the murders they had committed."

      Journalist Seymour Hersh says Christopher Simpson's “Blowback” is "the ultimate book about the worst kind of cold war thinking, in which some of our most respected statesmen made shameful decisions that they mistakenly believed to be justified." To this day, says Simpson, the U. S. intelligence agencies hide the scope of their post-World War II collaboration with Nazi criminals.

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  26. Greg Boyles

    Lanscaper and former medical scientist

    RE: John Ward

    "At a May 9, 1984 press conference, Simon Wiesenthal said, "Nazi criminals were the principal beneficiaries of the Cold War...."

    A case in point of you cretins exhibiting your own brand of bitterness towards anyone who dissents from your loony left wing ideology!

    You can hurl this sort of crap at me as much as you like John Ward. You can post my business website and bandy my name around your loony left wing mates.

    But you will not deter me and you will not succeed in intimidating me into not posting profligately on this and related issues!

    Sticks and stones John Ward......sticks and stones.

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