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Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.
This bold move might stop the boats in the short term. If it does, we need after the election to recommit ourselves to providing better regional upstream processing and protection for asylum seekers stranded in Indonesia and Malaysia. Let's hope that whoever is in government after the election can call a truce on the race to the bottom and commit to the hard diplomatic work that is needed.
It is time for each side of politics to stop blaming the other for the increasing wave of boats and for Gillard to cease invoking the unreal prospect of a revised Malaysia Solution. A revised arrangement consistent with the recommendations of the Expert Panel is an impossibility before the election.
In politics, hypocrisy is a natural condition. On Tuesday, it became evident that refugee policy is the last thing that should be made by the Australian government. Gillard has now achieved something Howard could only dream of, and shown Labor can play the game of hypocrisy as well as any.
In the lead up to the election, Tony Abbott and Scott Morrison are sure to continue insisting that the Gillard Government's Pacific Solution Mark II will not work. In all probability this will undermine the efficacy of the Gillard Solution in stopping the boats. Read the full text of Fr Frank Brennan's address to the Migration Institute of Australia, Menzies Hotel, Sydney, 14 September 2012
Behind all the legal technicalities and political argument about boat people, there is room for deeper ethical reflection and a more principled proposal. But first, to clear away some of the debris.
Next week Parliament reconvenes; meanwhile the boats keep coming. Chris Bowen will be armed with a report from an expert panel that has been hearing from the community. We're still awaiting an answer on unaccompanied minors under the Malaysia solution. Until one is provided no one in good conscience can give it the tick.
There is a lot of political point-scoring over whether particular countries have signed the Refugee Convention. But there is no signatory country on the route used by almost all asylum seekers fleeing to Australia. A regional framework must be built on what's available — such as the Malaysian agreement.
The tear-shedding in parliament over people drowning near our northwest coast was astonishing. In a decade that has seen asylum seekers demonised by policymakers, the reversal was nearly comical: asylum seekers, it turns out, are human beings. It illustrates how poorly the question of asylum has been discussed since 2001.
It should be mandatory for anyone writing on asylum seekers to spend time visiting detention centres. Many commentators ignore the hard work of those who have. Moreover the politicians are too poll driven to even explain the human desperation that leads to boat journeys.
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