Refugee Week 2008 statement

 

 

 

Yet much remains to be done.

 

 

The TPV regime has harmed already vulnerable people, condemning them to indefinite separation from family and years of uncertainty and anguish.  International human rights agreements, to which Australia is signatory, oblige that anyone found to be a genuine refugee or in serious humanitarian need, ought to be given permanent protection regardless of their mode of arrival in Australia.

 

Human decency demands as much.

 

Expanding the refugee and special humanitarian intakes is a positive move, and we hope that even more generous intakes will follow in future.

 

We want to see an immigration program geared not to Australia's interests, but to the needs and interests of humanity today.  Our attention is directed to those members of the human family who are the most vulnerable or in need.

 

Temporary skilled migrants surely assist Australia's economy.  But people do not exist to serve the interests of an economy.

 

 

The detention of people for short periods for the purposes of identity, health and security checks is reasonable, but it must take place in appropriate places and conditions. 

 

Beyond this, detention should be a last resort.  There are many proven alternatives.

 

The situation in Australia has been so serious that in his recent report to the 7th Session of the United Nations Human Rights Council, Professor Paul Hunt, UN Special Rapporteur on the Right to Health, expressed concern about the enjoyment of the right to health of asylum seekers in detention centres in Australia, and about the access to health care of people holding a Bridging Visa E.

 

Repeated studies have shown that mandatory detention leads to mental health problems.

 

We also welcome the Case Management and Community Care pilot programme announced in the Federal Budget.  It reflects our long held belief that community based options are both feasible and preferable to detention.

 

 

We regret the retention of the Christmas Island facility as Australia's main centre for processing unauthorized arrivals.  The remoteness of the location makes it very difficult for detainees to access assistance.

 

Christmas Island is still excised from the migration zone and so detainees do not have access to the protection of the ordinary operation of the Australian legal system.  Creativity and dialogue with the Christmas Island community are needed to find other, more appropriate, uses for this facility.

 

 

The Rudd Government should now start anew with a fair and humane system that respects Australia's international obligations and which gives protection to people who have demonstrated humanitarian need.  This should apply especially to people who have suffered torture, violence, trafficking and mental illness.

 

We hope for an immigration system in which asylum claims are assessed in ways that are compatible with Australia's ordinary legal system, international human rights principles, and Australia's international treaty obligations.  Under ordinary Australian law, people are not detained by the State except for reasons related to criminal activity, administrative necessity, or protection needs.  The legality of detention can be challenged before a properly constituted Court applying due process.

 

It is time to move beyond a system where many important powers, such as the power of community release, are exercised at the sole discretion of the Minister.  With clear laws, policies and principles, administrative decision makers and Courts could exercise these powers with greater transparency, consistency and the opportunity for judicial review.

 

We religious have been privileged to accompany, serve and advocate for asylum seekers and refugees in Australia and in many places abroad.

 

Our shared journey towards the justice of God's reign continues.