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After years of intense debate, Australia has now offered permanent residence to people with Temporary Protection Visas (TPVs), which caused great suffering and were part of a deterrence policy. However, this decision is just an incremental step towards a more humane refugee program that respects secure borders and the humanity of people seeking protection.
A Valentine’s Day present from the Minister for Immigration for those on temporary protection visas is a much-anticipated relief for approximately 19,000 refugees in Australia. And while a solution is welcome for these refugees, there remains around a further 10,000 whose status and future is uncertain.
The Kosovar solution is not a good one. In 1999, 4000 Kosovars were brought to Australia on a TSHV initially for three months but what turned out being several years. Legislative bars were created to prevent them from applying for any other visa whilst here, including protection visas. If we just hand out temporary visas to the Syrians, they will be in limbo and their ability to resettle and contribute to their new country is diminished.
It is possible to understand why Senators Xenophon and Muir supported the bad law that reintroduces temporary protection visas. They saw it as a small improvement now for people in desperate circumstances, and that is true. The real culprit is the irrational and punitive policy pursued by the Government.
The new TPV is harsher than the version introduced by the Howard Government, mainly because it has no pathway to a permanent visa — once granted, it is likely that the best you will ever get in Australia is a TPV. The TPV is a punishment, not a deterrent; a cruel visa that reflects the cruelty of the politicians introducing it.
In 2001 Prime Minister Howard tried to distance Australia from the SIEVX tragedy, in which 353 asylum seekers drowned, by repeatedly referring to the sinking as having occurred in 'Indonesian waters'. If there was any doubt then that SIEVX was an Australian tragedy, in 2013 there is none. There are now young kids growing up in Australia, who were born here and speak with Australian accents, who had brothers and sisters who drowned on SIEVX.
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 Department of Immigration and Citizenship say they can't tell me anything. The Inspector General of Intelligence and Security tells me to contact DIAC. As an immigration lawyer I find this frustrating. How much worse must it be for asylum seekers kept in detention with no end in sight?
Paul Keating said: 'Governments that wander along uncertain about where they are, looking over their shoulder, invariably get run over themselves.' If Labor doesn't stop looking over its shoulder on asylum seekers, it will miss another opportunity to stand up for what it says it believes in.
According to the Coalition, 'bad refugees' who come on boats take places that could otherwise go to 'good refugees' who wait patiently in camps. Labelling refugees as 'good' or 'bad' according to how they arrive in Australia reflects an insular opinion that does not reflect what is happening worldwide.
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