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Before Tampa, refugees were regarded as a positive for Australia's economy and lifestyle. After Tampa they were a threat to our sovereignty that was somehow grafted on to the sense of public malaise prompted by the 9/11 attacks on the sovereignty of the United States.
From now on, the High Court will apply a very fine tooth comb to any legislation allowing ministers to ship asylum seekers offshore. Unless there were to be a bipartisan agreement in the Parliament or a government deal with the Greens, asylum seekers arriving by boat now need to be processed fairly, promptly, on our terms and on our turf.
This week as we mark the 10th anniversary of Tampa, the High Court is hearing a legal challenge to the Malaysian solution and an inquiry into suicide and self-harm in detention is underway. Meanwhile a new report hopes to change the direction of the debate on refugees.
Suppose that in France under Hitler's occupation, a bloodied man arrived at our doorstep asking for shelter from a Nazi mob. The claim made by the presence of the endangered and injured man would precede questions of fairness and relative need.
In this debate, moral passion is common, especially among those who cast themselves as refugee advocates. But moral passion should not be confused with moral superiority. Any claim to occupy the moral high ground in this complex area of public policy is at best brave and at worst self-serving.
The Malaysia solution has hit a snag called the High Court of Australia. The Government is now in very stormy waters, because the rule of law and the separation of powers do not readily yield to the sound bites of populist sentiment and the fear tactics of politicians.
An old legal maxim is 'hard cases make bad law'. Maybe complex cases compromise policy. Refugee law and policy is complex and the Malaysian agreement signed this week is another example of a compromise on human rights principles for political expedience.
The international community tends to back 'democratic' revolutions, rather than national unity, in countries of the Middle East. This is good for majority populations, but Christians and other minorities can be the losers. If they're forced to flee, they become part of the 'refugee problem'.
193-200 out of 200 results.