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The Rudd Government is pursuing the same unprincipled border protection strategy for which it criticised the Howard Government. It could better assist these refugees by asking the Sri Lankan Government why so many Tamils are fleeing the country, especially if the war is over.
A hysterical response to the arrival of boats in Australia could undo the progress we have made away from unjust policy. Most asylum seekers have already experienced serious trauma. To return to a temporary visa regime will separate families for years and cause anxiety.
On Wednesday, the Senate made two decisions which take immigration reform forward. The reforms were approved with the support of the Greens and Independents, and one Liberal Senator. Reading the Hansard gives some insight into the current debate.
The military misadventures of nations including Australia contribute greatly to the motivation of asylum seekers. Australian immigration policy must de-emphasise border protection in favour of being a 'good international citizen'.
The tragic death of several asylum seekers on a boat while being towed to Christmas Island again shows the dangers for people coming to Australia by boat. But it does not justify a return to the harsh policies of the past.
Last week's changes to Australia's asylum policy remove the worst aspects of a cruel system. The real test is if the Rudd Government is willing to take on the causes of forced migration, rather than continuing to shift the burden elsewhere.
Yesterday's announcement of the Government's policy shift away from indefinite detention of asylum seekers brings Australia closer to UNHCR recommendations. It remains to be seen if it will have the courage of its convictions if more boats do arrive.
Australia's refugee regime may represent the Western world's worst practice. The Government has abolished flawed and dehumanising temporary protection visas, but a more substantial review is required to ensure asylum seekers enjoy equal protection under Australian law.
Nauru's transition from hosting asylum seekers for Australia needs to be handled sensitively and the country should be seen as the victim of a more powerful Australian Government exploiting a poor nation's dire circumstances.
The power of the State can be exercised capriciously and unaccountably when the “Don’t ask; don’t tell” approach to government is immune from parliamentary, judicial or public scrutiny. It is the task of lawyers to make it more difficult for politicians to take this approach.
Compared to that on Nauru, the Christmas Island detention facility might seem to be surrounded by calm seas. But it is exposed by distance, and if a storm of government hostility to asylum seekers blows again, the processes of determining claims there appear to leave asylum seekers dangerously exposed.
The Howard Government must be given credit for increasing the size of our migration program, including the refugee and humanitarian component. But the deliberations of civil society should provide a fair go for all refugees, including those who arrive by boat without a visa.
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