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Asylum seekers – Analysis and Comment

A supposedly proud record of generosity to refugees in no way alters the harshness of the government’s present policies. AAP/Stefan Postles

Unfamiliar pasts challenge our view of responses to refugees

How do Australian institutions and political leaders draw on history to tell us who we are? How do they make sense of Australia’s past as a country of immigration and a nation that has accommodated hundreds…
Refugees may find a welcome in rural and regional Australia if resettlement helps ease labour and skill shortages. AAP

Regional Australia can be a carrot or stick in the new refugee policy

Accompanying the reintroduction of Temporary Protection Visas (TPVs) in Australia last week was a new type of immigration visa, the Safe Haven Enterprise Visa (SHEV). What is significant about the SHEV…
Immigration Minister Scott Morrison and Cambodian Deputy Prime Minister Sar Kheng toast the resettlement deal, which has alarmed refugee advocates. EPA/Mak Remissa

Explainer: does the Cambodia refugee deal comply with the convention?

The Memorandum of Understanding (MOU) between Australia and Cambodia raises important questions about Australia’s international legal obligations, the nature of regional refugee protection and resettlement…
When Immigration Minister Scott Morrison talks of restoring integrity to the program, he isn’t fretting about meeting international legal obligations. AAP/Lukas Coch

Abandon all hope the doubly persecuted people who enter by boat

Whenever an immigration minister states that new laws will “restore integrity” to the immigration program it is clear what they mean is we have new ways of refusing cases and punishing the bad refugees…
Hamid Kehazaei’s death shows asylum seekers Australia detains are excluded from the ethical principles on which medicine and our health system are based. Refugee Action Coalition

Asylum seeker’s ‘brain death’ shows failure of care and of democracy

The news that Hamid Kehazaei, a 24-year-old Iranian asylum seeker detained on Manus Island, has been diagnosed as brain dead following his transfer to the Mater Hospital in Brisbane is a tragedy. That…
It is reasonable to surmise that the number of boats attempting to reach Australia has fallen dramatically in the Abbott government’s first year. AAP/Jon Faulkner

The boats may have stopped, but at what cost to Australia?

In opposition, Tony Abbott and his alternative government set itself a three-word performance indicator for success in its refugee policy if and when it took office: stop the boats. With one recent exception…
Immigration Minister Scott Morrison has been the subject of calls to get asylum seeker children out of detention centres and into the community. AAP/Nikki Short

Grattan on Friday: Government must be held to account for what’s happening to children in detention

Two characteristics of this government are that it regularly overreaches and that where possible it shies away from transparency and accountability. Very different issues in the news this week highlight…
Less than welcoming… policies that prevent asylum seekers working are dehumanising. AAP Image/Newzulu/Zebedee Parkes

Asylum seekers and the dignity of work

My interview with Mr Syed did not get off to a great start. We’d arranged to meet at the Dandenong library – part of the city council building, a huge, bright orange edifice in the redeveloped heart of…
Australia’s judiciary has emerged as a political and activist institution, frustrating the militarised strategies of the Abbott government in asylum policy. AAP/Lukas Coch

High Court asylum case pits the executive against the judiciary

The full bench of the High Court will hear the case of 157 Sri Lankan asylum seekers currently on an Australian customs vessel over two days, starting on August 5. But when the High Court issued an injunction…
Australia has led the international community in condemning the downing of flight MH17 and the handling of the victims’ bodies. EPA/Robert Ghement

Global law and decency: our double standards on MH17 and asylum seekers

Following the shocking news of the destruction of flight MH17, foreign minister Julie Bishop wasted no time in boarding a plane for the United Nations in New York. Australian diplomats engaged in intense…
Tragedies such as the boat sinking off Lampedusa, Italy, In October 2013 help put Australia’s asylum ‘problem’ into a global perspective. EPA/Ettore Ferrari

Australia puzzles a world with far more asylum seekers of its own

From the perspective of the global north, Australia has always been an oddity. Its policies often seem as strange and inexplicable as its fauna. “They are strange those Australians, strangers to the world…
The 153 intercepted asylum seekers are reportedly being detained at sea aboard the ACV Ocean Protector, pictured here in Hobart. Flickr/Grahame Bowland

Court to rule on intercepting and transferring asylum seekers at sea

Lawyers for 153 Sri Lankan asylum seekers on a boat intercepted by the Australian government applied for a full bench of the High Court to hear its case on August 5 at a directions hearing on Friday. Whereas…
Australia’s defence of Sri Lanka’s human rights record disregards an ingrained culture of violence as part of that country’s political landscape. EPA/M.A. Pushpa Kumara

War is over, but not Sri Lanka’s climate of violence and threats

The Australian government has become the great defender of Sri Lanka’s post-war human rights credentials, it seems. But Sri Lanka’s (and Australia’s) insistence that the end of the civil war means an end…
Lawyers like George Newhouse deserve praise, not abuse, when they go to court to ensure people are protected by the rule of law. AAP/Paul Miller

Lawyers who help people protect their rights aren’t the problem here

Australia’s courts serve us well, acting independently in their application of the law. However, that doesn’t protect them from attacks for performing their legal and constitutional duties. Similarly…
In its asylum policy, Australia takes advantage of the fact that international law is not automatically absorbed into its domestic legal system. AAP/Lukas Coch

Australia’s global reputation at stake in High Court asylum case

The Australian government gave an undertaking to the High Court on Wednesday that it would not surrender or deliver the asylum seekers detained on an Australian customs vessel on the high seas to Sri Lankan…
In previous cases, the High Court has held that asylum seekers detained on Christmas Island have a right to procedural fairness. AAP/Scott Fisher

Preventing asylum seekers’ return to harm through the High Court

Later today, the High Court is due to hear a challenge to the screening and transfer of a boatload of Sri Lankan asylum seekers back to Sri Lankan authorities. Under international law, return of persons…
Immigration Minister Scott Morrison has been anxious to maximise his profile on border protection. AAP/David Crosling

Grattan on Friday: Abbott government needs to acquire an empathy gene

What is offensive about this government is not that it is pursuing tough policies, but that it is trashing accountability and is so lacking in empathy. The boats did need to be stopped; the budget does…
Australia may be placing the life of Tamil asylum seekers at risk by directly handing them over to a government they claim to be fleeing without first adequately assessing their safety. AAP/Scott Fisher

Handing over Tamils to the state they fled breaks international law

Australia appears to have reached a new all-time low in its violation of international obligations and its treatment of vulnerable people seeking Australia’s protection. If widespread media reports are…
Immigration minister Scott Morrison’s proposed changes to the Migration Act are designed to reduce adherence to Australia’s international legal obligations. AAP/Alan Porritt

Punishment not protection behind Morrison’s refugee law changes

Earlier this week, immigration minister Scott Morrison introduced the Migration Amendment (Protection and Other Measures) Bill in response to a High Court decision that ruled invalid his move to cap the…
The Senate inquiry into the violence at the Manus Island detention centre in February has heard that a key contributing factor to the riots was the delay in processing asylum seekers’ claims. AAP/Eoin Blackwell

Slow refugee processing creates fear and uncertainty on Manus Island

It’s been a busy Refugee Week so far. The High Court dismissed a constitutional challenge to offshore processing of asylum seekers, while the federal Labor caucus rejected an internal motion calling for…
Detainees protest in the Woomera centre in 2002: ‘Animals in Australia have more rights than we have!’ one wrote. AAP/Tom Miletic

In Australia, animals have better rights than asylum seekers

Several years ago an asylum seeker wrote a letter about his experiences at the now-decommissioned Woomera Detention Centre. This is an extract: I have been in this cage for 13 months … Why should all these…