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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.
'We're not going to allow people who have sought to come by boat to come to Australia through a backdoor and we are not going to allow sham marriages to facilitate that,' said Peter Dutton. Given all the existing checks and hurdles, why have a ban? It would only affect about 2000 people; the other 35,000 who came by boat before 19 July 2013 or were not sent to Nauru and Manus Island are not affected. The true intention is to further punish the people we dumped on our Pacific neighbours.
'Will this affect my case?' Hassan was worried about the survey that said nearly 50 per cent of Australians wanted to ban Muslims from migrating to Australia. I was working on his protection visa. He had a strong case. 'No,' I replied. Like any large religion, in Islam there are many variations in practice and beliefs, influenced by cultural and historical events. To simply ban them all is a crazy option. You do not ban everyone just because a minority are involved in criminal activity. Or so I thought.
Recently I was discussing the election of Pauline Hanson and One nation senators with some Hazara clients. These clients are Pakistani Hazaras, who speak good English. They told me they are worried about what Hanson says. 'She seems very angry,' said Ali. 'She does not understand Muslims,' added Hussein. Hussein was recently getting his car fixed and was asked if he was a Muslim. He replied that he was. 'I could see the man's face change,' Hussein told me. The man had become angry and fearful.
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.
Last week, Immigration Minister Scott Morrison proposed migration law changes that he said would speed up processing of the backlog of refugee claims, and allow asylum seekers to 'get on with their lives'. In fact they do nothing of the sort. The new temporary protection visa (TPV) denies family sponsorship, travel to visit family, and more.
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.
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