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Who’d have thought that during Refugee Week, Australia’s highest court would endorse the Parliament’s view that our non-refoulement obligations under the Refugee Convention and the Convention Against Torture were now an irrelevance.
With the average length of detention in Australia now at an historic high, it is timely to review how immigration detention is used. It should be a last resort that is used for the shortest practicable time so that people who pose little risk to the community are not unnecessarily deprived of their liberty, and that they are able to contribute to the community.
I am a refugee from Afghanistan, and I belong a minority ethnic group, the Hazaras. We have been persecuted for a long time because of our ethnicity, religion and values. In 2012, I was forced to leave Afghanistan. I was 17. Back home, my father was a medical doctor. The Taliban accused him of working with international armed forces in the country at the time. One day the Taliban took him away, and nobody has seen him since.
An idea that’s gaining traction, in a pandemic where international travel has stopped and many Australians are losing their jobs, is this notion that the unemployed (aka: everyone on JobSeeker payments) should go out into the regions and help the farmers pick fruit.
This Refugee Week, many asylum seekers and refugees are struggling to survive the COVID-19 pandemic. Some are trapped in immigration detention centres across the country in cramped and overcrowded conditions that make physical distancing impossible. Others are living in our community on temporary visas or no visas at all, struggling to make ends meet.
I am now more than ever re-thinking borders and my relationship to them. The word seema in Hindi means border or limit. I learnt this as I often ask the meaning of someone’s name when I meet them. It is a way to start a perhaps unlikely conversation and learn language simultaneously; a way of challenging personal borders.
On 17 April 2020, the Federal Court ordered that Immigration had failed to comply with procedural fairness for the family. The case is known by the pseudonym XAD. The XAD case relied on significant legal principles going back to the M61 High Court decision of 2011.
Two Aboriginal men are currently being held in immigration detention under threat of deportation because they are not Australian citizens. The case raises far-reaching implications concerning the status of the relationship between Aboriginal and Torres Strait Islander Australians and the state.
Due to this stance, immigration is arguably not being leveraged to actually benefit the country, including its flailing economy. This is despite a government report released last year stating that immigrants increase GDP and helped avoid the 2008 financial crisis.
The Medevac law was needed because there was no sensible process to arrange for urgent medical treatment for the people we are punishing as a deterrent. The system is working according to the medical practitioners involved in it. It would be a tragedy if the Medevac laws were repealed, just to prove how tough and immovable we are.
Last week the Federal Court granted an interim injunction to a child born in Australia preventing her removal from Australia. The case raises complex issues regarding the statutory bars preventing asylum seekers from even making any application at all, and the exercise of the ministerial discretion to lift that bar.
37-48 out of 200 results.