tag:theconversation.com,2011:/us/topics/biloela-75695/articlesBiloela – The Conversation2021-06-15T06:16:00Ztag:theconversation.com,2011:article/1626612021-06-15T06:16:00Z2021-06-15T06:16:00ZBiloela family to be released into community detention - what happens now?<p>Federal immigration minister Alex Hawke has <a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s197ab.html">exercised his power</a> to allow the Murugappan family from Biloela to live in the Perth community. </p>
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<p>The Tamil asylum seeker family was previously held in an “alternative place of detention” (APOD) on Christmas Island. Residence determination, also known as “community detention”, was introduced in 2005 an alternative to held detention. As of <a href="https://www.homeaffairs.gov.au/research-and-stats/files/immigration-detention-statistics-30-april-2021.pdf">April 2021</a>, there were 536 people in community detention, including 181 children. </p>
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Read more:
<a href="https://theconversation.com/biloela-family-moved-to-perth-in-holding-decision-by-immigration-minister-hawke-162755">Biloela family moved to Perth in holding decision by Immigration Minister Hawke</a>
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<p>Community detention allows people to transition out of detention into the community with appropriate supports. The family will have to live at a specified address and are legally still “detained”. They will not be under any physical supervision and will have the ability to live in the Perth community and engage with local support networks, and the children will be able to go to a local school. However, the requirement to live at a particular place means they are not free to leave Perth and return to Biloela in Queensland, unless the minister allows them to. </p>
<h2>Immediate health and mental health a priority</h2>
<p>Families in community detention are provided with support services from local community based organisations contracted by the Department of Home Affairs under the <a href="https://immi.homeaffairs.gov.au/what-we-do/status-resolution-service/status-resolution-support-services">Status Resolution Support Service </a>. The Murugappans will be given accommodation, health and welfare services as well as casework support. A small income is provided to allow them to pay for food, clothing and utilities, but the parents will not be allowed to work.</p>
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<img alt="" src="https://images.theconversation.com/files/406374/original/file-20210615-21-j2c8d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/406374/original/file-20210615-21-j2c8d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=800&fit=crop&dpr=1 600w, https://images.theconversation.com/files/406374/original/file-20210615-21-j2c8d.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=800&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/406374/original/file-20210615-21-j2c8d.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=800&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/406374/original/file-20210615-21-j2c8d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1005&fit=crop&dpr=1 754w, https://images.theconversation.com/files/406374/original/file-20210615-21-j2c8d.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1005&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/406374/original/file-20210615-21-j2c8d.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1005&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">The Biloela family’s plight was brought to the head by their youngest daughter Tharunicaa being hospitalised with a serious illness.</span>
<span class="attribution"><span class="source">AAP/supplied</span></span>
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<p>Much has happened in recent days. Physical and mental health must be a priority. There is a strong body of evidence to suggest people’s health deteriorates significantly in immigration detention, with a clear association between time in detention and rates of mental illness. Anxiety, depression and traumatic stress experiences are commonly reported. Length of time in detention is associated with severity of distress. There is <a href="https://www.tandfonline.com/doi/full/10.1080/13218719.2010.518551">evidence</a> that mental health improves shortly after release, although results have shown that the negative impact of detention can be ongoing.</p>
<p>After years in detention, the family’s situation has been brought to a head by their youngest daughter, Tharunicaa, being transferred to hospital in Perth with a serious blood infection. Medical experts have <a href="https://www.smh.com.au/national/doctors-plead-for-authorities-to-reunite-tharnicaa-with-her-family-20210613-p580mn.html">advocated for the family</a> to be reunited as the little girl recovers.</p>
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Read more:
<a href="https://theconversation.com/view-from-the-hill-the-morrison-government-has-escape-hatch-in-tamil-family-case-if-it-wants-to-use-it-162433">View from The Hill: the Morrison government has escape hatch in Tamil family case – if it wants to use it</a>
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<h2>What are the legal options now?</h2>
<p>The family’s future remains uncertain. Hawke said:</p>
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<p>I will consider at a future date whether to lift the statutory bar presently preventing members of the family from reapplying for temporary protection, for which they have previously been rejected.</p>
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<p>The parents came to Australia by boat without visas, so the law classifies them as unlawful maritime arrivals. Their children, although born in Australia, are also classified as unlawful maritime arrivals. This means they are not allowed to apply for any visa in Australia unless the immigration minister personally allows it under <a href="http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s46a.html">section 46A of the Migration Act</a>. </p>
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Read more:
<a href="https://theconversation.com/as-a-young-child-is-evacuated-from-detention-could-this-see-the-biloela-tamil-family-go-free-162289">As a young child is evacuated from detention, could this see the Biloela Tamil family go free?</a>
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<p>The minister has previously allowed the father, Nades, to apply for a protection visa. The mother, Priya, has also applied and included the older daughter in her application. All had applied for protection visas, claiming they would face persecution if returned to Sri Lanka. Their claims were not successful and they were then detained in 2018. </p>
<p>Attempts to remove them from Australia were stopped by an injunction issued by the courts on the basis that the youngest daughter had not had the opportunity to apply for a protection visa.</p>
<p>The minister may allow them to apply for any visa under section 46A, or alternatively allow the family’s claims for protection to be reassessed under section 48B. </p>
<p><a href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s48b.html">Section 48A of the Migration Act</a> allows the minister to personally allow a person to apply again for a protection visa where they have previously been refused if he considers it in the “public interest” to do so. The minister’s guidelines state he can exercise this power if he considers there are “exceptional circumstances”, including new information, or where there is a significant change in the circumstances of the case. </p>
<p>In the case of the Biloela family, this could include a change to the circumstances of their case that has arisen since they last applied, which are known as <em>sur place</em> claims. In May 2021, an <a href="https://www.bailii.org/uk/cases/UKUT/IAC/2021/130.html">asylum tribunal in the United Kingdom</a> issued new country guidance addressing the risk of persecution for Sri Lankan nationals. It sets out the risk of persecution as a result of <em>sur place</em> activities that are (or perceived by the government to be) in opposition to the government of Sri Lanka. </p>
<p>This is important in the case of the Biloela family, as they are clearly identifiable due to the large amount of national and international media coverage, which has included references to their previous asylum claims. </p>
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Read more:
<a href="https://theconversation.com/its-time-to-give-visas-to-the-biloela-tamil-family-and-other-asylum-seekers-stuck-in-the-system-155354">It's time to give visas to the Biloela Tamil family and other asylum seekers stuck in the system</a>
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<h2>The immediate need for a trauma-informed response</h2>
<p>Community detention is an appropriate compassionate response and a step in the right direction. However, the failure to exercise a discretion either granting the Murugappans a visa or allowing them to apply again leaves the family in limbo. </p>
<p>Prolonged uncertainty and ongoing trauma can have devastating impacts. There is a well documented body of evidence that when people are traumatised and at the same time feel trapped by their circumstances, it becomes increasingly difficult to make decisions, sustain healthy, satisfying relationships or manage life’s uncertainties. Efforts must be made to reduce that uncertainty. A <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/inm.12325">trauma-informed approach is essential</a> to reduce ongoing distress and prevent retraumatisation. </p>
<p>Specialist support for both parents and children are essential. How children experience traumatic events, how they express their distress, and what actually helps, <a href="https://www.nctsn.org/sites/default/files/resources//age_related_reactions_to_traumatic_events.pdf">depends in large part on the children’s</a> age and stage of development. It also depends on the circumstances of the entire family. The goal must be to restore certainty to these children’s lives and the lives of their parents.</p><img src="https://counter.theconversation.com/content/162661/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Mary Anne Kenny has previous received funding from the Australian Research Council and sitting fees from the Department of Home Affairs. </span></em></p><p class="fine-print"><em><span>Nicholas Procter has previously received grant funding and sitting fees from the Department of Home Affairs. This article is part of a series on asylum seeker policy supported by a grant from the Broadley Trust.</span></em></p>While this is a positive step, it still does not allow the Murugappan family to return to their home of Biloela in Queensland, and their situation still has some way to play out in the courts.Mary Anne Kenny, Associate Professor, School of Law, Murdoch UniversityNicholas Procter, Professor and Chair: Mental Health Nursing, University of South AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1626092021-06-15T06:05:57Z2021-06-15T06:05:57ZWhy do Tamil asylum seekers need protection — and why does the Australian government say they don’t?<figure><img src="https://images.theconversation.com/files/406367/original/file-20210615-15-s765sl.jpg?ixlib=rb-1.1.0&rect=29%2C0%2C4887%2C3364&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Julian Smith/AAP</span></span></figcaption></figure><p>Immigration Minister Alex Hawke has <a href="https://theconversation.com/biloela-family-moved-to-perth-in-holding-decision-by-immigration-minister-hawke-162755">announced</a> the Murugappans will be moved from detention on Christmas Island, to community detention in Perth. </p>
<p>This follows mounting public concern for the Tamil family, particularly regarding the health of four-year-old Tharunicaa, who was medevaced to Perth from Christmas Island last week. </p>
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Read more:
<a href="https://theconversation.com/biloela-family-moved-to-perth-in-holding-decision-by-immigration-minister-hawke-162755">Biloela family moved to Perth in holding decision by Immigration Minister Hawke</a>
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<p>But the government is yet to make a final decision about where the family can live in the long-term. The family has previously had its refugee claims rejected. </p>
<p>Priya and Nades Murugappan have been trying to stay in Australia for the best part of a decade, through multiple appeals. All the while, Sri Lanka has one of the worst records of state-perpetrated violence against civilians in the early 21st century.</p>
<h2>Tamils and the Sri Lankan civil war</h2>
<p>Tamils are an ethnic group native to Sri Lanka. Many Tamils have sought to come to Australia due to fear of persecution in their home country. This is due to links either real or perceived with the <a href="https://cisac.fsi.stanford.edu/mappingmilitants/profiles/liberation-tigers-tamil-elam">Liberation Tigers of Tamil Eelam</a> (Tamil Tigers), a separatist group fighting for an independent homeland for Tamils in north and east Sri Lanka. </p>
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<img alt="Protesters keep a vigil outside the Perth hospital treating Tharunicaa Murugappan." src="https://images.theconversation.com/files/406338/original/file-20210615-27-2t9g3c.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/406338/original/file-20210615-27-2t9g3c.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/406338/original/file-20210615-27-2t9g3c.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/406338/original/file-20210615-27-2t9g3c.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/406338/original/file-20210615-27-2t9g3c.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/406338/original/file-20210615-27-2t9g3c.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/406338/original/file-20210615-27-2t9g3c.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Tharunicaa Murugappan was evacuated to a Perth hospital last week, suffering pneumonia and a blood infection.</span>
<span class="attribution"><span class="source">Stefan Gosati/AAP</span></span>
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<p>The Tamil Tigers fought and lost a brutal 26-year civil war with the Sinhalese majority government, which ended in 2009. This included serious <a href="http://permanentpeoplestribunal.org/wp-content/uploads/2014/01/Sentenza-Sri-Lanka-and-Tamil-II.pdf">allegations of genocide</a> and the military’s intentional shelling of government-designated “no fire zones”. It is estimated at least <a href="https://www.tamilguardian.com/content/11-years-today-massacre-mullivaikkal">100,000 Tamils</a> died in the final stages of the war. </p>
<p>In 2012, the United Nations admitted its “<a href="https://digitallibrary.un.org/record/737299?ln=en">failures</a>” in protecting the Tamils. Namely, its failure to “act within the scope of institutional mandates to meet protection responsibilities”.</p>
<h2>Post-war persecution</h2>
<p>The post-war period has also been marked by the ongoing persecution of the Tamils. </p>
<p>In 2018, the Human Rights Watch reported that military occupation of the north and east of the island “<a href="https://www.hrw.org/sites/default/files/report_pdf/srilanka1018_web2.pdf">is a cruel legacy</a>”
of the war and encroaches on Tamil civilian life. In 2019, the International Truth and Justice Project reported <a href="https://itjpsl.com/reports/terrorism-investgation-division">Sri Lankan police had committed torture</a> against civilians, with many of the perpetrators who orchestrated such crimes occupying senior positions in government. </p>
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Read more:
<a href="https://theconversation.com/as-a-young-child-is-evacuated-from-detention-could-this-see-the-biloela-tamil-family-go-free-162289">As a young child is evacuated from detention, could this see the Biloela Tamil family go free?</a>
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<p>Earlier this year, the United Nations Human Rights Office published a <a href="https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26695&LangID=E">damning report</a> on the deteriorating human rights situation in Sri Lanka, observing:</p>
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<p>deepening impunity, increasing militarization of governmental functions, ethno-nationalist rhetoric, and intimidation of civil society.</p>
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<h2>Tamils in Australia</h2>
<p>According to the 2016 census, there more than 27,000 Tamil people — who were born in Sri Lanka — living in Australia. But it could be many more. </p>
<p>Tamils seeking asylum in Australia reportedly face <a href="https://www.aljazeera.com/news/2019/10/15/tamil-family-remain-in-detention-as-australia-mulls-un-request">some of the lowest acceptance rates</a>. And Australia’s position when it comes to Sri Lanka — and the safety of Tamils — has drawn criticism from human rights experts at home and overseas. </p>
<p>The Department of Home Affairs relies heavily on the Department of Foreign Affairs and Trade <a href="https://www.dfat.gov.au/sites/default/files/country-information-report-sri-lanka.pdf">country information report</a> on Sri Lanka to decide whether to give permanent protection to Tamil asylum seekers. The current (2019) report says:</p>
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<p>Sri Lankans face a low risk of torture on a day-to-day basis. In the case of individuals detained by the authorities, DFAT assesses the risk of torture to be moderate. Where it occurs, some mistreatment may amount to torture. DFAT assesses that Sri Lankans face a low risk of torture overall.</p>
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<p>This is also despite reports from Tamils deported from Australia they have been <a href="https://theconversation.com/sri-lankan-asylum-seekers-are-being-deported-from-australia-despite-fears-of-torture-100240">targeted by local security forces</a> on their return to Sri Lanka.</p>
<p>In May this year, the United Kingdom’s Upper Tribunal (which handles immigration appeals) issued a <a href="https://www.sbs.com.au/news/dfat-urged-to-retract-inaccurate-report-saying-sri-lankans-face-low-torture-risk-following-uk-court-finding">damning critique </a>of the DFAT report, <a href="https://www.doughtystreet.co.uk/sites/default/files/media/document/KK%20%26%20RS%20%28Sri%20Lanka%29.pdf">finding</a>: </p>
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<p>None of the sources are identified, there is no explanation as to how the information from these sources was obtained, and there is no annex containing, for example, records of any interviews.</p>
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<p>The landmark decision by the tribunal challenges decisions in recent years by the UK government — which has been “<a href="https://www.law.ox.ac.uk/research-subject-groups/centre-criminology/centreborder-criminologies/blog/2017/05/insignificant">considering ceasing</a>” the refugee status of Tamil refugees as recently as 2017. This year, the German government has been <a href="https://www.infomigrants.net/en/post/31241/germany-collective-deportation-of-tamils-to-sri-lanka-met-with-outrage">deporting Tamils to Sri Lanka</a>, amid public opposition. New Zealand maintains its offer to <a href="https://www.theguardian.com/australia-news/2021/may/30/new-zealand-offer-to-resettle-australias-offshore-refugees-still-active-as-us-deal-nears-end">resettle Australia’s offshore refugees</a>, which includes Tamils. </p>
<h2>Australia’s relationship with Sri Lanka</h2>
<p>Australia has a special <a href="https://www.minister.defence.gov.au/minister/cpyne/media-releases/indo-pacific-endeavour-2019-launches-western-australia">security relationship</a> with Sri Lanka that can’t help but affect its response to Tamil persecution and asylum seekers.</p>
<p>This relationship has been steadily intensifying since the 1970s, when the Indian Ocean gained strategic importance for both countries. In recent years, the Indian Ocean has become increasingly important for Australia’s national security as part of its geographical location in the Asia-Pacific region. </p>
<p>Along with joint exercises, Australia has gifted Sri Lanka patrol boats to stop people smuggling. This <a href="https://www.afp.gov.au/news-media/media-releases/australia-and-sri-lanka-strengthen-ties-over-aerial-drone-surveillance">April</a>, it gave the police five drones “to support crime fighting”. </p>
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<p>In 2015, Human Rights Watch reported both governments “<a href="https://www.hrw.org/world-report/2015/country-chapters/sri-lanka">colluded</a>” when it came to the treatment of asylum seekers. </p>
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<p>Australia and Sri Lanka colluded to ensure that asylum seekers leaving Sri Lanka were either returned or else not allowed onto Australian territory. </p>
<p>Australia sent back many asylum seekers to Sri Lanka after cursory interviews at sea; those found to have legitimate claims were processed in other countries. In an apparent bid to secure Sri Lanka’s assistance in stopping migrants and asylum seekers, Australia failed to call for better human rights protections […]</p>
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<p>Australia has also <a href="https://www.smh.com.au/politics/federal/australia-opposes-un-resolution-to-conduct-war-crimes-inquiry-in-sri-lanka-20140328-35moj.html">opposed international investigations</a> into war crimes in Sri Lanka. Until today, it has also ignored a 2019 <a href="https://www.sbs.com.au/news/un-urges-australian-government-to-release-tamil-family-from-christmas-island">UN request</a> to release the Murugappan family into the Australian community. </p>
<p>The Australian government will likely continue to grow its special relationship with its Indian Ocean neighbour. </p>
<p>But as more and more Australians show their support to asylum seekers like Priya, Nades, Kopika, and Tharunicaa, the Australian government needs to seriously confront its relationship with a country descending deeper into authoritarianism and human rights abuses.</p><img src="https://counter.theconversation.com/content/162609/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Niro Kandasamy is affiliated with the Tamil Refugee Council.
Parts of this research have been funded by the Contemporary Histories Research Group Award in History and Policy, Deakin University
This article is part of a series on asylum seeker policy supported by a grant from the Broadley Trust</span></em></p>The Murugappans have been fighting to stay in Australia for years. All the while, Sri Lanka has one of the worst records of state-perpetrated violence against civilians in the early 21st century.Niro Kandasamy, Lecturer, Australian Catholic UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1580652021-03-30T18:54:46Z2021-03-30T18:54:46ZWill new Home Affairs Minister Karen Andrews bring a more compassionate approach?<figure><img src="https://images.theconversation.com/files/392433/original/file-20210330-13-lyx3qj.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">AAP/Mick Tsikas</span></span></figcaption></figure><p>Perhaps optimistically, Scott Morrison hopes his belated moves to involve women more formally in decision-making will arrest his government’s slumping fortunes, and grant space for other priorities.</p>
<p>Weeks of mealy-mouthedness in the face of horrendous claims of misogyny, boorishness, and even alleged sexual assault in Parliament House, had begun to take their toll. Morrison’s <a href="https://theconversation.com/morrisons-ratings-take-a-hit-in-newspoll-as-coalition-notionally-loses-a-seat-in-redistribution-158048">approval ratings have slid</a> and put his government behind Labor on two-party preferred in recent Newspoll surveys.</p>
<p>Before then, <a href="https://theconversation.com/embattled-albanese-uses-reshuffle-for-a-political-reset-154168">pressure had been mounting</a> on Opposition Leader Anthony Albanese, amid fears within Labor of a possible spring election. Nobody’s worrying about that anymore.</p>
<p>Monday’s <a href="https://theconversation.com/view-from-the-hill-morrison-sets-up-his-own-womens-network-but-will-it-produce-the-policy-goods-158072">female-friendly cabinet reshuffle</a> was the first significant concession from the prime minister that he faced something wholly more substantial than a common-or-garden governmental crisis. This was not some routine controversy to be managed, spun, and outlasted.</p>
<p>In politics, messages are important. The most significant messages in the reshuffle were the demotion of Attorney-General Christian Porter and the elevation of the Industry and Science Minister, Karen Andrews, to the hawkishly masculine, security-heavy mega-ministry of home affairs.</p>
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Read more:
<a href="https://theconversation.com/view-from-the-hill-morrison-sets-up-his-own-womens-network-but-will-it-produce-the-policy-goods-158072">View from The Hill: Morrison sets up his own women's network but will it produce the policy goods?</a>
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<p>Naturally quiet, Andrews is no household name.</p>
<p>As a Queenslander, she is a member of the colourfully conservative LNP, along with more bombastic alpha-males such as Peter Dutton, George Christensen, Matt Canavan, and Andrew Laming.</p>
<p>Yet for all their jaw-jutting, Andrews has impressed stakeholders in her industry sector. She has also attracted attention in the parliament for being both uncommonly capable, and refreshingly unpolitical.</p>
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<img alt="" src="https://images.theconversation.com/files/392492/original/file-20210330-15-1f4at2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/392492/original/file-20210330-15-1f4at2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/392492/original/file-20210330-15-1f4at2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/392492/original/file-20210330-15-1f4at2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/392492/original/file-20210330-15-1f4at2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/392492/original/file-20210330-15-1f4at2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/392492/original/file-20210330-15-1f4at2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Karen Andrews takes over from Peter Dutton in home affairs, while Dutton moves to defence.</span>
<span class="attribution"><span class="source">AAP/Mick Tsikas</span></span>
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<p>However, competence is hardly a guarantee of promotion in Canberra. It can even be a liability. Indeed, not being a partisan attack dog can mean forgoing notoriety, and the phalanx of party true-believers that comes with it.</p>
<p>So while Morrison has sent the signal about upping the female participation in his executive, Andrews would certainly have made it had merit been the only selection criterion.</p>
<p>Breaking through glass ceilings is familiar territory for the 60-year-old former small business owner. In 1983, she joined another female student at the Queensland University of Technology to become the first females to receive a bachelor of mechanical engineering.</p>
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<p>But all eyes now are on what her stewardship of the powerful home affairs ministry will mean for the government. More importantly, there will be much interest in what it might mean for asylum seekers and refugees, and the plethora of legal and security issues attaching to the Australian Federal Police, Australian Border Force, immigration and settlement services, cyber-security, and other agencies.</p>
<p>Interest in her appointment is doubly spiced by the fact she replaces Dutton, the unrivalled hard man of the Morrison government and leader of the parliamentary Liberal Party’s national right grouping.</p>
<p>Dutton has been a lightning rod for criticism, most notably for his uncompromising approach to asylum seekers, and his outspoken attacks on the political left.</p>
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Read more:
<a href="https://theconversation.com/scores-of-medevac-refugees-have-been-released-from-detention-their-freedom-though-remains-tenuous-156952">Scores of medevac refugees have been released from detention. Their freedom, though, remains tenuous</a>
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<p>Ahead of his move to defence, a portfolio he is known to have coveted, Dutton indicated he was considering <a href="https://www.theaustralian.com.au/business/media/insiders-on-the-outer/news-story/afe1c64207efd1b5284e1b1ac832cdb8">possible defamation remedies</a> for a slew of attacks on social media sites such as Twitter and Facebook.</p>
<p>Andrews has declined to comment on the possibility of bringing a more compassionate approach to refugee applications and deportations. But she has nominated one area that will be of interest to women and to Dutton, <a href="https://www.youtube.com/watch?v=ulvQkTaj2V0">telling Sky News</a> on Tuesday she wants to address the scourge of online disrespect – particularly by anonymous people:</p>
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<p>[I] will certainly be taking an active interest and engaging as much as I possibly can on that issue.</p>
<p>Look, social media has significant challenges, one of those issues is the level of anonymity. We need to make it very clear that people can’t hide or should not be allowed to hide on these social media platforms so absolutely I will be taking a very close look at that.</p>
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<img alt="" src="https://images.theconversation.com/files/392491/original/file-20210330-23-1an8dxp.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/392491/original/file-20210330-23-1an8dxp.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=918&fit=crop&dpr=1 600w, https://images.theconversation.com/files/392491/original/file-20210330-23-1an8dxp.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=918&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/392491/original/file-20210330-23-1an8dxp.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=918&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/392491/original/file-20210330-23-1an8dxp.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1154&fit=crop&dpr=1 754w, https://images.theconversation.com/files/392491/original/file-20210330-23-1an8dxp.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1154&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/392491/original/file-20210330-23-1an8dxp.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1154&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">The Murugappan family has been held on Christmas Island since August 2019.</span>
<span class="attribution"><span class="source">AAP/supplied</span></span>
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<p>Top of mind for many, though, is the <a href="https://theconversation.com/its-time-to-give-visas-to-the-biloela-tamil-family-and-other-asylum-seekers-stuck-in-the-system-155354">Biloela asylum seeker case</a>, in which a Tamil family of four has spent more than 1,000 days in immigration detention initially in Melbourne, and since August 2019, on Christmas Island.</p>
<p>Dutton’s department has been desperate to deport Nades and Priya Murugappan and their Australian-born daughters, Kopika and Tharnicaa, but has been blocked by successive legal proceedings.</p>
<p>Advocates for the family say the deportation is cruel and the detention is unconscionable, especially in view of the willingness of the Biloela community in rural Queensland to host the family’s return.</p>
<p>While human rights groups will be looking for signs Andrews intends to soften the Dutton approach, she has refused to comment before extensive briefings.</p>
<p>Australia’s notoriously tough suite of border policies may be in for a more compassionate, case-by-case interpretation. It is possible changes could go beyond that and into broader policy.</p>
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Read more:
<a href="https://theconversation.com/morrisons-ratings-take-a-hit-in-newspoll-as-coalition-notionally-loses-a-seat-in-redistribution-158048">Morrison's ratings take a hit in Newspoll as Coalition notionally loses a seat in redistribution</a>
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<p>On the other hand, it is important to remember the trophy in the PM’s office, which rather crassly proclaims, “I stopped these”, above an unmistakable silhouette of an Asian fishing boat.</p>
<p>As a former immigration minister, Morrison is critically aware of how the Coalition’s harsh policies allowed it to position Labor as “soft” on borders.</p>
<p>Populist though it is, it is not an electoral advantage that Morrison, nor for that matter Dutton as a still influential cabinet figure, will surrender lightly.</p><img src="https://counter.theconversation.com/content/158065/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Mark Kenny does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>For the first time, a woman has been appointed to the hawkishly masculine home affairs portfolio. Whether this will bring a change of approach on asylum seekers and other issues remains to be seen.Mark Kenny, Professor, Australian Studies Institute, Australian National UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1365042020-04-17T05:53:05Z2020-04-17T05:53:05ZExplainer: what does the Federal Court decision on the Tamil asylum-seeker family mean?<figure><img src="https://images.theconversation.com/files/328606/original/file-20200417-192715-131o4ci.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">AAp/hometobilo.com</span></span></figcaption></figure><p>The Sri Lankan family that had been living in Biloela, Queensland, before being held in detention on Christmas Island has had a <a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0495">partial victory in the Federal Court</a>, with a ruling that the youngest child was not granted “procedural fairness”. </p>
<p>This is not yet a decision about whether the family will be allowed back into the community, but leaves the way open for the family to continue its bid to stay in Australia.</p>
<h2>What was the judgment?</h2>
<p>The case involves a two-year-old girl, Tharunicaa, born in Australia to Sri Lankan Tamil parents. (The couple also has a four-year-old daughter, Kopika.) The family have been in immigration detention on Christmas Island since a dramatic <a href="https://www.theguardian.com/australia-news/2019/sep/19/biloela-tamil-family-deportation-case-asylum-seekers-expected-to-learn-fate-today">injunction</a> stopped their deportation back to Sri Lanka in August 2019. </p>
<p>The <a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0495">judgment</a> made today by Justice Moshinsky found Tharunicaa was not given “procedural fairness” when her request for permission to apply for a protection visa was rejected. </p>
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Read more:
<a href="https://theconversation.com/how-the-biloela-tamil-family-deportation-case-highlights-the-failures-of-our-refugee-system-123685">How the Biloela Tamil family deportation case highlights the failures of our refugee system</a>
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<p>Tharunicca’s parents and sister had previously had their claims for protection refused. Appeals to the courts about the fairness of the process in their cases were not successful. </p>
<p>Tharunicaa was born after her parents had made their visa application. Even though she was born in Australia, her parents’ arrival in Australia by boat as asylum seekers means the law designates her to be an “unauthorised maritime arrival”. Legally, this means she is not able to make an application for a protection visa unless the minister for immigration personally allows her to under <a href="http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s46a.html">section 46A of the Migration Act</a>.</p>
<p>Lawyers for Tharunicca argued the minister should allow her to make that application and have her own claims for asylum considered as there were significant concerns she and her family would face persecution if returned to Sri Lanka.</p>
<p>In exercising the section 46A power, the judge stated, the minister has to consider whether to exercise his power to “lift the bar” to allow her to apply. The question in this case was whether he had to observe procedural fairness in carrying out that power. </p>
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Read more:
<a href="https://theconversation.com/view-from-the-hill-morrison-and-dutton-block-their-ears-and-grit-their-teeth-over-tamil-family-122866">View from The Hill: Morrison and Dutton block their ears and grit their teeth over Tamil family</a>
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<p>Evidence provided by the Department of Home Affairs and lawyers for Tharunicaa was examined in detail. </p>
<p>The judge found the department had prepared a detailed 11-page brief on the family’s background and claims for protection, which was given directly to Immigration Minister David Coleman in May 2019. The brief provided the minister with several options for him to circle. However, this was not done. </p>
<p>The judge found the minister had made no clear final decision on that brief. However, even though no decision was made, the minister was clearly still considering whether to allow the child to make a visa application. </p>
<p>In August 2019, an officer in the Department of Home Affairs wrote to the lawyers that the request for ministerial intervention had been assessed and the request did not meet the guidelines required for a referral to the minister. The department then “finalised this request without referral”.</p>
<p>Justice Moshinky found the department had not afforded “procedural fairness” to the child, in that it had not allowed her lawyers the opportunity to provide any evidence or submissions on her behalf. </p>
<p>The judge has asked the lawyers for the government and the family to discuss and agree on what orders should be made to allow Tharunicaa’s request to be considered properly.</p>
<h2>What does it mean for the family?</h2>
<p>The decision means the case is ongoing. The injunction preventing the removal of the family will continue.</p>
<p>The judge has asked that the parties agree on orders within seven days. If they can’t agree on the orders, he has asked them to provide separate submissions to him within 14 days. He will make orders after that.</p><img src="https://counter.theconversation.com/content/136504/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Mary Anne Kenny has previously received funding from the Australian Research Council and sitting fees from the Department of Home Affairs.</span></em></p>The court has found the youngest child, Tharunicca, was denied procedural fairness, which means the case against their deportation will continue.Mary Anne Kenny, Associate Professor, School of Law, Murdoch UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1236852019-09-19T05:52:09Z2019-09-19T05:52:09ZHow the Biloela Tamil family deportation case highlights the failures of our refugee system<figure><img src="https://images.theconversation.com/files/293135/original/file-20190919-53511-mk313t.jpg?ixlib=rb-1.1.0&rect=496%2C74%2C3807%2C2348&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The Biloela Tamil family will be able to remain in Australia until the asylum claim for the youngest daughter is properly assessed.</span> <span class="attribution"><span class="source">James Ross/AAP</span></span></figcaption></figure><p>Today, the Sri Lankan family who had resettled in the small town of Biloela in Queensland was <a href="https://www.theguardian.com/australia-news/2019/sep/19/biloela-tamil-family-deportation-case-asylum-seekers-expected-to-learn-fate-today">given a last-minute reprieve</a> in their fight to stay in Australia. A federal court judge ruled the family had established a prima facie case to remain in the country until a final hearing at a date yet to be determined.</p>
<p>The family of four are part of a group of asylum seekers and refugees who arrived in Australia by boat between August 2012 and January 2014. Their case highlights some of the problems with the <a href="https://theconversation.com/fast-track-asylum-processing-risks-fairness-for-efficiency-35146">“fast-track” refugee assessment system</a> set up by the Coalition government in late 2014 to handle the flood of boat arrivals. </p>
<p>The system was intended to deny access to permanent residency for the refugees and create a faster system for processing their asylum claims. </p>
<p>In practice, however, it has been marked by prolonged delays and restrictions on the types of visas available to the refugees, contributing to their mental deterioration and despair.</p>
<p>The “fast-track assessment caseload” includes individuals, families and children who arrived by boat during that 18-month period from 2012-14. It also includes children born after their arrival, like the Biloela couple’s children, Kopica and Tharuunica. </p>
<p>It is <a href="https://www.homeaffairs.gov.au/research-and-stats/files/ima-legacy-caseload-july-2019.pdf">estimated</a> there are currently around 31,000 individuals in this group, some of whom still remain in limbo while their status is determined by the government.</p>
<p>The Australian Human Rights Commission raised deep concerns around the treatment and well-being of these refugees in a <a href="https://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/lives-hold-refugees-and-asylum-seekers-legacy">report</a> in July.</p>
<p>We have also conducted research into the many barriers faced by the people in the caseload in terms of their <a href="https://epress.lib.uts.edu.au/journals/index.php/mcs/article/view/4976/5493">access to legal representation and ability to understand the process</a>. We have also examined the decline in their overall <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/inm.12325">mental health and well-being</a>. </p>
<p>According to the Monash University <a href="https://arts.monash.edu/border-crossing-observatory/research-agenda/australian-border-deaths-database">Australian Border Deaths Database</a> and our own research, there have been at least 18 deaths by suspected or confirmed suicide in the caseload since June 2014.</p>
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<h2>Endless paperwork and delays</h2>
<p>Policy and legislative changes in recent years have resulted in the group of refugees in the “fast-track” caseload being subjected to different treatment compared to other asylum seekers. The reason was to further discourage people from risking the journey by boat. </p>
<p>They were barred from applying for any visas until 2015 when the then-minister for immigration, Peter Dutton, started <a href="https://www.theguardian.com/australia-news/2015/may/28/asylum-seeker-fast-track-processing-to-begin-with-temporary-protection-visas">inviting them</a> to apply for temporary protection visas under the new “fast track” process. </p>
<p>In 2014, the government <a href="https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2F3083291%22;src1=sm1">abolished</a> most of the funding dedicated to helping boat arrivals with advice and assistance on immigration. As a result, <a href="https://www.thesaturdaypaper.com.au/news/politics/2015/06/20/stalling-the-lawyers-who-aid-asylum-seekers/14347224002028">wait-lists for pro bono legal assistance at community legal centres</a> blew out to over one year. </p>
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Read more:
<a href="https://theconversation.com/sri-lankan-asylum-seekers-are-being-deported-from-australia-despite-fears-of-torture-100240">Sri Lankan asylum seekers are being deported from Australia despite fears of torture</a>
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<p>Asylum seekers were then given a deadline of October 1, 2017 to lodge their protection claims, which placed huge strains on the pro bono legal community. The application process itself is incredibly complex, involving the completion of lengthy forms in English, <a href="https://www.liv.asn.au/Staying-Informed/General-News/General-News/May-2017/Help-needed-for-asylum-seeker-applications">taking at a minimum 10–15 hours to complete</a>.</p>
<p>Since then, these asylum seekers have been subjected to extended delays. Department of Home Affairs <a href="https://www.homeaffairs.gov.au/research-and-stats/files/ima-legacy-caseload-july-2019.pdf">statistics</a> from July 2019 show that of the 31,000 in the initial “fast track” caseload, there are nearly 8,200 waiting for their cases to be dealt with. </p>
<p>This means that, in total, these asylum seekers have been waiting almost seven years for their visa applications to be processed. </p>
<h2>Trapped in visa limbo</h2>
<p>Despite these hurdles, <a href="https://www.homeaffairs.gov.au/research-and-stats/files/ima-legacy-caseload-july-2019.pdf">approximately 70%</a> of those in the “fast-track” caseload have been found to be owed protection and provided with temporary visas to remain in Australia. </p>
<p>They are not, however, eligible for permanent protection. They are only granted either a three-year <a href="https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-protection-785">Temporary Protection Visa</a> (TPV) or a five-year <a href="https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/safe-haven-enterprise-790">Safe Haven Enterprise Visa</a> (SHEV). </p>
<p>For most, the granting of one of these visas provides no relief. Their temporary status means they cannot seek reunification with family members overseas. And because all of their visas will have to reassessed when they expire, the uncertainty surrounding their lives never fully goes away. </p>
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Read more:
<a href="https://theconversation.com/we-dont-know-how-many-asylum-seekers-are-turned-away-at-australian-airports-111344">We don't know how many asylum seekers are turned away at Australian airports</a>
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<p>Those who have their temporary visa applications refused by the Department of Home Affairs have access to a limited merits review by the independent <a href="https://www.iaa.gov.au/">Immigration Assessment Authority (IAA)</a>. The IAA only considers new information if there are exceptional circumstances. And in <a href="https://www.iaa.gov.au/IAA/media/IAA/Statistics/IAACaseloadReport2018-19.pdf">87% of cases</a>, it affirms the decision of the Department of Home Affairs. </p>
<p><a href="https://www.iaa.gov.au/IAA/media/IAA/Statistics/IAACaseloadReport2018-19.pdf">Statistics</a> show that in cases involving applicants claiming asylum from Sri Lanka, the IAA agrees with the initial visa refusal in 93% of cases.</p>
<p>The reduction in funding for legal assistance, combined with the lack of access to a robust system of review, has led the Australian Human Rights Commission to <a href="https://www.humanrights.gov.au/sites/default/files/2019-07/AHRC_Lives_on_hold_2019_summary.pdf">conclude</a> that some individuals may have been refused visas despite having good claims for refugee status. </p>
<p><a href="https://www.smh.com.au/national/refugee-rejection-is-more-complex-than-a-soundbite-why-tamil-family-should-stay-20190904-p52nyb.html">Others</a> have pointed to serious issues in the application process for the Biloela family, in particular the mother, Priya.</p>
<h2>Impact on mental health</h2>
<p>For those unable to work while their immigration status is in limbo, the government provides <a href="https://www.refugeecouncil.org.au/srss-economic-penalty/">extremely limited financial and case management support</a>. According to a recent survey of asylum seekers, <a href="https://www.refugeecouncil.org.au/srss-economic-penalty/5/">nearly four in five reported</a> being at risk of homelessness or destitution if they lost this limited government support.</p>
<p>Those who remain on temporary visas for years while their fates are being determined feel deeply marginalised and disenfranchised. </p>
<p>They also face a minimum of ten years on a temporary visa without the prospect of reuniting permanently with separated family members, creating a subclass of people who likely will never feel that they “belong” in Australia or are fully settled.</p>
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Read more:
<a href="https://theconversation.com/how-immigration-policy-harms-asylum-seekers-mental-health-8358">How immigration policy harms asylum seekers' mental health</a>
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<p>Given such concerns, and in the absence of any shift in policy, we set up a <a href="https://giving.unisa.edu.au/news/preventing-asylum-seeker-suicide/">crowdfunding campaign</a> to provide suicide prevention training for non-government and government-sector workers supporting refugees and asylum seekers. The results so far are promising. More than 400 workers across Australia have taken part in the training. </p>
<p>The Australian Human Rights Commission has also <a href="https://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/lives-hold-refugees-and-asylum-seekers-legacy">put forth</a> its serious concerns about the robustness of the fast-track process. </p>
<p>The commission has recommended that those refused visas should be able to have their cases re-examined in a full merits review by the Administrative Appeals Tribunal. This would provide them with a new hearing and allow for the consideration of all their claims, including any new information. </p>
<p>Until this happens, the commission further recommends that the Australian government not remove any asylum seeker who has been refused under the fast-track process. </p>
<p>Reforms to the current system for the processing and granting of visas are urgently needed. It is also critical for the government to provide adequate legal and mental health support for those in the fast track caseload. Suicide-related despair for this group is excruciating and unendurable. Lives matter irrespective of the politics.</p><img src="https://counter.theconversation.com/content/123685/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Mary Anne Kenny has previously received funding from the Australian Research Council and sitting fees from the Department of Home Affairs. </span></em></p><p class="fine-print"><em><span>Nicholas Procter receives funding from Suicide Prevention Australia, SA Health and Overseas Services for the Survivors of Torture and Trauma. He has previously received sitting fees from the Department of Home Affairs.</span></em></p>Of the original 31,000 refugees in the ‘fast-track’ visa caseload, nearly 8,200 are yet to have their applications processed. As a result, their lives remain in limbo.Mary Anne Kenny, Associate Professor, School of Law, Murdoch UniversityNicholas Procter, Professor and Chair: Mental Health Nursing, University of South AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1230922019-09-06T05:40:00Z2019-09-06T05:40:00ZVIDEO: Michelle Grattan on the economy - and Channel 9’s fundraiser for the Liberal party<figure>
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<p>University of Canberra Vice-Chancellor Professor Deep Saini and Michelle Grattan discuss the slowing economy, and how the government plans to prevent a possible recession. They also talk about Channel 9, which has come under fire from its newspaper journalists for hosting a fundraiser for the Liberal party.</p><img src="https://counter.theconversation.com/content/123092/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan previously worked for The Age, The Sydney Morning Herald, and The Australian Financial Review. </span></em></p>Michelle Grattan discusses the slowing economy, and the response to Channel 9’s decision to host a fundraiser for the Liberal party.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1228662019-09-03T10:07:15Z2019-09-03T10:07:15ZView from The Hill: Morrison and Dutton block their ears and grit their teeth over Tamil family<p>As the federal court prepares to deal with the last ditch effort in the Sri Lankan Tamil family’s fight against deportation, Scott Morrison and Peter Dutton are finding “border control” politics a lot more difficult than usual.</p>
<p>They may well boot out the family of four, that includes two small girls born here. But volleys of protest from some noisy and many (usually) quiet Australians mean while the PM and his minister might be on the high ground legally – multiple court decisions, including from the High Court, have found the family not to be refugees – they can’t avoid looking threadbare in terms of humanity.</p>
<p>If you’re Morrison, to have Alan Jones abusing you relentlessly, and citizens from a regional Queensland town disputing your case vociferously is, well, awkward.</p>
<p>Morrison and Dutton came to this argument well practiced in aggressive techniques. Dismiss and demonise your critics. Dip into history and attribute any blame you can to the Labor party. Drop to the Australian newspaper “on water” details about the latest boat arrival to suggest that allowing the family to stay would trigger an armada from Sri Lanka.</p>
<p>But unfortunately for Morrison and Dutton, Jones has a master’s degree in head kicking (which frequently gets him into trouble) and when townspeople of Biloela, where the family lived, appear on TV to press their cause it is hard to dismiss everyone who disagrees with you as the usual suspects – advocates, lefties, greenies, Callithumpians. And that’s not to mention the support the family has got from former Nationals leader Barnaby Joyce and the federal MP for the Biloela area Nationals Ken O'Dowd.</p>
<p>Moreover, the government has opened itself to maximum criticism by the way it has handled the family, including a dawn raid and distressing night flights, one of which took them to Christmas Island, where they are the only detainees.</p>
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Read more:
<a href="https://theconversation.com/the-regions-can-take-more-migrants-and-refugees-with-a-little-help-121942">The regions can take more migrants and refugees, with a little help</a>
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<p>To put it bluntly, this looked like thuggish behaviour.</p>
<p>Jones went for the jugular in his Tuesday Daily Telegraph column, accusing the government of “heartlessness, inconsistency and hypocrisy”. His barbs couldn’t have been more pointed.</p>
<p>“Are Scott Morrison and Peter Dutton parents?” he asked rhetorically. and urged the family be given “ a bit of ‘au pair’ treatment” - a reference to Dutton’s controversial interventions to prevent the deportations of a couple of <a href="https://theconversation.com/peter-duttons-decisions-on-the-au-pairs-are-legal-but-there-are-other-considerations-102414">au pairs</a>.</p>
<p>Jones said the Tamil mother had witnessed her fiancé burned alive with several other men in her village who were identified as Tamil Tigers. “If your fiancé, Prime Minister and Peter Dutton, was burnt alive, would you worry too much how you got out of the joint?”</p>
<p>And Jones has no compunction in marshalling religion to the cause (despite some commentators saying Morrison’s faith should be off limits). “In an ostensibly Christian society, it might be time for a bit of practical Christianity,” Jones wrote.</p>
<p>In notable contrast to Jones, fellow 2GB shock jock Ray Hadley is raging on the other side of the argument.</p>
<p>In this age of social media, issues can easily catch fire, but even taking that into account, the Tamil family has stirred an extraordinary level of emotion. Leaving aside a huge petition appealing for a favourable decision and demonstrations in various parts of the country, it is notable that people in their town of Biloela continue to speak out so strongly, even though the family was removed from there early last year. They obviously left much more than just a passing positive impression. They had become part of the town.</p>
<p>One local told the ABC, “at the core, they’re our sort of people … Out here in the rural area we value workers … who roll up their sleeves and pitch in”.</p>
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Read more:
<a href="https://theconversation.com/sri-lanka-ten-years-after-the-war-the-tamil-struggle-for-justice-continues-116758">Sri Lanka ten years after the war: the Tamil struggle for justice continues</a>
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<p>Wednesday’s court action is about whether the younger child needs to be assessed individually by the minister for refugee status. There are mixed views on how it will go, but even if it succeeded, it would only be the start of another round in the saga. The matter would go to Immigration Minister David Coleman. He would refuse the girl’s claim. That refusal would then be appealable to the federal court (but only on the grounds of the minister erring in law, not on substance grounds). The government could be in for a lot more pain, because the appeal could take a while. </p>
<p>It is indisputable that the issue of the Tamil family has raised legitimate arguments on both sides – the special circumstances of a particular family who have become valued members of a community versus the implications of setting a precedent for many other asylum seekers whose claims fail but have spent years living here.</p>
<p>It is equally indisputable that the government’s making an example of this family – because that is the bottom line of what it is doing – looks very distasteful, whether viewed from at home or abroad.</p>
<p><em>Update: The federal court has extended the injunction preventing deportation of the family until Friday. This followed the government disclosing the child’s claim for protection had in fact been examined and rejected, and Immigration Minister David Coleman had on Tuesday refused to use his ministerial discretion to allow for an application for a temporary protection visa. Justice Mordecai Bromberg has extended the hearing to allow the lawyers for the family to consider the new information from the government. Carina Ford, lawyer for the family, told reporters, “the fight is not over yet”.</em></p><img src="https://counter.theconversation.com/content/122866/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>As the Sri Lankan Tamil family from Biloela prepares to learn their fate tomorrow, Scott Morrison and Peter Dutton can’t avoid looking threadbare in terms of humanity.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.