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There is no doubt that laws for determining refugee status and onshore protection are complex. The cases of NZYQ and ASF17 demonstrate that when laws regarding asylum and protection intersect with laws regarding character and protection of the community, the results can be extremely messy.
On 8 November, the High Court ordered a stateless Rohingya refugee known only as NZYQ to be released from detention. He could not be granted a visa because he was found gulity of sexually assaulting a minor, and he could not be sent anywhere because he is stateless. Until 8 November, he was stuck in indefinite mandatory detention.
Friday 5 May is the 25th birthday of the introduction of mandatory detention in Australia by the Keating government. It is by no means a 'happy birthday'. Rather it is a sombre reminder of how control, power and political vilification can be used for political ends. There are now more sections in the Migration Act dealing with statutory bars, mainly directed at asylum seekers, than the total number of sections in the whole of the Immigration Restriction Act of 1901.
View this week's offering from Eureka Street's award winning political cartoonist.
Ranjini turned up for a routine catch-up with her caseworker only to be told she was deemed a security risk and that she and her young sons would be detained indefinitely. Days later she found out she was pregnant. Last night, she gave birth to that child, a son who will be an Australian citizen.
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.
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.
Last week there were three significant events affecting refugees including, tragically, more deaths. The use of language in the debate about asylum seekers is always striking, and has evolved and adapted over the years. It does not always reflect reality.
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.
The reintroduction of the Complementary Protection Bill to Parliament this week ought be welcomed. Given the protests in Christmas Island, it is clear that the mandatory detention policy is also overdue for reform.
Those who defend the humanity of asylum seekers are often dismissed as bleeding hearts. It is tempting to respond by referring to those who defend the existing regime of detention as bleeding minds. The recent events in remote detention centres are deplorable, but predictable.
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