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AUSTRALIAN CATHOLIC MIGRANT AND REFUGEE OFFICE
22 February 2002
Economic and Environment Section
Department of Immigration and Multicultural Affairs
PO Box 25
Belconnen ACT 2616
On behalf of the Australian Catholic Migrant and Refugee Office (ACMRO), I
appreciate the opportunity to participate in the consultation concerning
the composition of the
Australian Migration & Humanitarian Programs for 2002/2003.
General Issues of concern:
a lack of discussion on the migration and
humanitarian programs, especially in relation to asylum seekers.
a lack of community education about asylum
seekers and their origins. This results in an uniformed public with negative and hostile
attitudes towards asylum seekers.
the legislation of September 2001 (7
bills), which was developed with little or no consultation with experienced people in the
NGO sector.
the current lack of cooperation between
Government, business, community and non-government groups in approaching the asylum seeker
issue. Cooperation between
Government and business, private and community
sectors (including religious organizations) could provide work, education and living
opportunities which would enable the settlement of greater numbers of refugees.
Specific Issues of concern:
temporary protection visas for undocumented
arrivals, especially the prevention of family reunion and eligibility for permanent
residence;
the causes of refugee situations: these
should be addressed more strongly
mandatory detention: the conditions and
treatment of detainees, especially of children in detention;
the linking of the on-shore and off-shore
Humanitarian Programs;
the right of family reunion for those
seeking protection;
the numbers in the humanitarian program do
not respond adequately to the numbers of refugees requiring resettlement as identified by
UNHCR;
slow processing of humanitarian and
migration cases in some overseas posts;
the total number of people who arrived by
boat and without documentation for the 2000-01 period was 4,414 in contrast to the number
of overstayers for half of that period, which amounted to 32,638 . Overstayer statistics
are not as vigorously made public by the Government and therefore are not open to
criticism as are statistics for asylum seekers.
In recognition of Australia's international
obligations and adherence to humanitarian responsibilities, we welcome a migration
system that is protective of those who genuinely seek our protection. However,
many people
(including members of the Catholic Church) are concerned that those people, who
come to Australia without documentation (by sea or air) and seek our protection,
are treated
harshly as law-breakers. They find phrases like 'queue jumpers' and 'illegal
boat people'
offensive, and prefer the term "irregular (or undocumented) migrants" - a term
which is used by Pope John Paul II. Australians should be made aware of the desperate
situations that cause many people to enter Australia irregularly, and they should not be
encouraged to be lacking in compassion towards people seeking protection. Members of the
Catholic community have expressed concern with the government's current asylum seeker
policy and the manner in which Australia treats desperate people who have the resources to
use people smugglers. They have called for the Government to act with compassion and
generosity by increasing the refugee program as a token of our concern and to
"respect the human dignity and right of asylum seekers" .
The Government (and indeed the Parliament) should adopt a responsible approach focussing
on Australia's international obligation of burden sharing. There should be consultation
and cooperation with peak organizations and with other countries to address the causes,
which lead to people seeking protection and to find solutions for the growing problem of
irregular migrations.
The Vatican's permanent observer at the United Nations, Archbishop Renato Martino,
addressed the General Assembly . He stated that the refugee problem is one of
the most critical faced by the world today as people continue to be forced from
their homes. While
some nations are wealthy, there are 22.3 million displaced people of whom 11.6
million are refugees and 4 million are internally displaced people. 50 to 70
per cent are children,
some of who have only known life as a refugee in a refugee camp. He pointed out
the
critical need to support the unity of refugee families as "experience has shown that
the family unit has a better chance of reintegrating in their home or reintegrating in a
new country than do individual refugees". Temporary protection visas, which
prevent
family reunion, are clearly in opposition to this sentiment.
It is difficult to comment on humanitarian issues without considering "economic
refugees". Pope John Paul commented on the phenomenon of migration in his message for
2000 : "The Church hears the suffering cry of all who are uprooted from their own
land, of families forcefully separated, of those who, in the rapid changes of our day, are
unable to find a stable home anywhere ... she supports them in their unhappiness".
This theme continues for 2001 "although it is true that highly developed countries
are not always able to assimilate all those who emigrate, nonetheless ... the criterion
for determining the level that can be sustained cannot be based solely protecting their
own prosperity, while failing to take into consideration the needs of persons who are
tragically forced to ask for hospitality". People seeking protection have not chosen
that path, and many have been forced to take drastic measures. The Pope notes that
"patterns of migration have changed" over the last fifty years cautioning that
"people already marginalised will be further penalised because they are not part of
the process of economic globalisation" This point is reinforced with comment made by
a former adviser to the Minister for Immigration who stated that "...global
conditions will ensure a certain movement of people seeking freedom from oppressive
regimes. It is our common task to cope with this emergency."
ACMRO urges that human needs be considered as a defining principal for the
development of the Migration Program whilst recognising that economics, global forces, and
popular public opinion will influence planning for the migration program. We urge the
Government to take an international leading role by increasing humanitarian numbers as a
positive acknowledgment of justice deserving of migrants, displaced people and refugees.
Positive action at this time in our history is vital to ensure that human dignity is
always defended.
I hope that these comments are helpful. The following are comments made to the specific
issues raised in the 2002 - 2003 Migration and Humanitarian Programs: a discussion paper.
Fr John Murphy
Director
The following comments are made against the specific issues raised in the 'Discussion
Paper
Migration Program
1. What further steps do you think the Government could take in its
immigration arrangements to assist States and Territories to attract and retain migrants
in regional areas?
Employment opportunities are vital in attracting and retaining migrants to regional areas.
By developing Australia's transport system to a level sufficient to make remote regional
areas accessible would also address one of the reasons which prevents migrants (including
non-migrants) from settling in regional areas.
Facilitate state and local governments - including business, employers, education, health
groups and workers etc to discuss and consider the issues that reduce or restrict both an
attraction and/or retention of migrants to that region, such as employment. Consider
incentives following research to highlight the factors and reasons that cause this
situation.
Following from the points raised in the introduction, there exists a need for a
philosophical approach to consider what barriers exist for regional migration. Examine the
effectiveness of Australia's Multicultural Policy: Towards inclusiveness. Is there still
pressure to assimilate for those not of the dominant culture? Are ethnic groups and
individuals represented at decision-making levels? Are administrative, social and economic
infrastructures responsive to the rights, obligations and needs of our culturally diverse
population? In addressing these issues a national education program is necessary to inform
people of the principles of multiculturalism as detailed by the National Multicultural
Advisory Council such as: civic duty; cultural respect; social equity; and productivity
diversity. The issue remains that until Australians are aware of the meaning (apart from
the benefits of diversity in food and clothing etc) of living in a multicultural society,
then migration to the regional areas will be less attractive until positive incentives
exist. The multicultural policy should be utilised to foster a positive atmosphere,
beginning with supportive policies and an educated and aware population.
The positive aspects of migration to Australia should be articulated to the population, to
engender a spirit of openness and acceptance of people from different origins. The
inclusion of the benefits of migrants to Australia in an education campaign would address
the contribution made by migrants including refugees, not only in cultural and social
aspects but to Australia's economy (eg the Snowy Mountain Scheme).
Practical suggestions
Fund Migrant Resource Centres in regional areas to employ and provide adequate training
for regional workers to establish and/or enhance settlement opportunities in regional
areas.
Provide a comprehensive plan through national media campaigns to enable regional
communities and migrants to consider the benefits and possibilities of encouraging and
welcoming migrants to regional areas.
Provide for an infrastructure to assist migrants to make the transition into the
Australian and/or regional working environment.
Consider financial incentives for those willing to relocate to regional areas, such as
business planning and loans etc.
Highlight the benefits of a regional lifestyle by identifying the alternative to urban
living and the opportunities available such as education, employment, housing and other
services.
Provide mainstream services in regional areas with ongoing cross-cultural awareness
training to ensure that the services are accessible, appropriate, relevant and culturally
relevant to various migrant groups.
2. What other steps can be taken in the Skill Stream of the Migration
Program to retain Australia's position in the global competition for skilled labour?
It is important that balance, not over-emphasis on skill, be the theme and delivery of the
Migration Program.
The Migration Program needs to be flexible in terms of people's ability to apply under a
number of programs. There needs to be more flexibility particularly in the Skilled and
Family and Humanitarian programs to meet the variation of refugee/humanitarian situations
and circumstances. There needs to be flexibility for those migrants who apply under the
Family Stream and who are skilled and experienced but are not recognised in Australia. It
should be possible for family stream migrants and humanitarian entrants with skills and
work/life experience to have their skills, qualifications and valuable life experience
recognised.
A key to developing the range and flow of skilled migrants under state/territory/regional
arrangements is not only to widen the selection base and origin but also to put in place
recognition mechanisms that are consistent with those now prevailing in a global world.
Review, update, speed and flexibility would assuredly improve opportunities for the
skilled migrants as well as the nominator.
If Australia wishes to increase its share and place in international labour markets, the
portability of Australian skills invites reciprocity in recognition of other countries'
skills. If we claim Australia is receiving migrants from more than 100 source countries,
then the challenge is to widen, not narrow, the base for those with recognised skills.
Appropriate support is necessary for all migrants irrespective of the type of visa
category. High rates of unemployment for migrants can be addressed by the removal of
employment and continuing education barriers and by recognising prior learning, skills,
experience, expertise, life-skills and qualifications.
To make migrating to Australia a positive experience the length it currently
takes to process visas must seriously be reviewed. To ensure a speedier and efficient
process it is
vital to increase the number of qualified and well-trained staff both in Australia
and in overseas posts. Some Australian business groups have addressed problems
of delays with
visa processing, alerting to possible implications for Australia's reputation
as "International business people have this perception that Australia welcomes them. The
reality of the visa process lets them down".
Funding should be provided for specialist employment services to assist people in making
the transition into Australia's workplace, education and training system.
3. How do we meet the social objectives of immigration without placing a
high burden on Australia's health and welfare system?
The financial cost to government of both skilled and family-reunion migrants is more than
compensated by the benefits each category provides by contributing to Australia's social
and economic structure. Additionally family support is immeasurable in the benefits it
brings not only in maintaining a stable society but also in reducing problems, including
financial, that would normally be the responsibility of the government.
The government should therefore not only maintain its commitment to family migration and
family reunion but also more fairly and publicly express the real and lasting benefits
derived from this component.
If a migration program is to be non-discriminatory, migrants once accepted into Australia
are equally entitled to health and welfare services, as are other members of Australia.
Alternative methods to address a reduction in costs to the welfare budget should consider
the social factors that cause health and social problems e.g. detachment, alienation and
disenfranchisement from mainstream society. Initiatives should consider the social
benefits of family reunion to the human spirit; adequate provision of services to the
migrant community commensurate with the general population; recognition of migrants' skill
if they entered Australia other than through the skilled category; public campaigns to
address racism and discrimination issues; removal of barriers in the workplace and
educational institutions; implementation of innovative programs to support migrants with
expertise and skills which are not particularly specific to Australia; and programs to
assist with upgrading of appropriate skills, education and training programs.
The benefits of migration must be considered in its social context. Through the Living in
Harmony Grants greater focus should be given to support mechanisms for migrants by
delivering educational and awareness programs in schools, workplace and community to
reduce discrimination and racism and to highlight the benefits of multiculturalism and
what it encompasses for each member of Australian society, not just those from ethnic
backgrounds.
4. How can we ensure a fair contribution from migrants where costs are
known to be high, eg those entering Australia under the parents' category?
In terms of social justice it is not always possible nor is it appropriate to place a
'cost' on or to determine what is a 'fair contribution' from migrants
Migration of close family members enables family relationships that are the foundation and
strength of Australian society. If restrictive measures continue to be applied relating
both to selection and post arrival settlement, migration will continue to be undermined
and diminished to the detriment of our society.
Family reunion should not be determined solely by economic criteria, but should be
recognised as a fundamental and important factor for family cohesion and social stability.
Consideration should be given to means-testing the family stream for those families who
are financially capable of contributing to their migration and costs, but ensuring that
those families who are not financially resourced will have equal access to the family
stream component. This means testing could also apply to the migration of parents.
Meeting the social objectives of immigration is not achieved by in-discriminatively
burdening migrants with onerous health/welfare costs especially in relation to parents.
The government should not only be fair and just but should also give public recognition of
how migrants have benefited Australia. The migrant parent category needs to be considered
in its social context of how parents benefit society. Migrant parents should not be made
an under-class as compared with native-born parents.
Consideration should be given not just to the cost component for parents and aged
dependent relatives, but also to acknowledge the positive impact of other family members
such as spouses and children and their positive contributions to the economy.
5. What are the appropriate levels and mix of immigration in the context
of the dynamics of Australia's population (i.e. fertility), aging, social and economic
environmental and international considerations). If these were insignificantly different
to the current levels and mix how would the changes be achieved? What would be the
implications?
Population Context
Given the dynamics of Australia's population, the appropriate levels and mix of
immigration should be more flexible and long range. The intake level should be
incrementally adjusted annually according to the need. This would allow for an effective
five-year planning process and would aid Australia in reaching a population of 25 million
with an agreed timeframe.
Australia's migration program should be increased as a means of redressing a low fertility
rate of 1.74 and a future population imbalance indicating an ageing, dependent and
declining population in relation to the ratio of the working age population.
Australia has a moral and social responsibility to enhance its population with immigrants,
including those who are refugees and displaced as well those seeking reunion with families
and relatives already here.
Achieving this in a planned and manageable way does suggest a proper balance between
economic, social and, environmental and humanitarian objectives. Programs established
merely on economic values are self defeating and destructive in their impact upon the
person, society and the nation.
A non-discriminatory immigration policy, globally applied, requires the provision of
adequate resources in selection and settlement. Avoiding or not providing such resources
could be construed as discriminatory.
Migration criteria established to meet Australia's national interest and needs should be
consistent with, and indeed reflect, the values expressed not only in law but also in the
love and aspirations exhibited by the community and society.
Australia needs more not less immigration, a notion well supported in previous years'
community consultations with the Minister for Immigration and Multicultural Affairs.
Australia has adequate resources in the growth of which developed technology is
substantially helping. These, together with more effective preservation of the environment
and other assets, identify why Australia cannot but benefit from the continuing intake of
people from other lands. While the level is a matter for government in consultation with
the community, the community's views should be seriously heeded in regard to composition
and criteria.
Components listed as contributing to population growth include temporary residents and New
Zealanders (principally skilled and entrepreneurial). At issue is whether arrivals
entering for more than a twelve-month period should also be counted in the migration
program numbers. And whether those arrivals staying longer than twelve months be
considered as Settlers. This would provide a more accurate account of annual net overseas
migration.
A Population Policy would aid in planning to adequately reflect demographic needs. Such a
policy would address economic growth and social issues in response to changing
demographics and required support and service structures.
Balancing the economic, social, environmental and international considerations.
Australia's human rights and humanitarian record has been challenged internationally in
response to detention practices, and more recently with the introduction of legislation
effectively transforming and removing the right of asylum seekers to seek protection on
Australian land.
Fundamental to the problem of asylum seekers are the reasons and causes of refugee-causing
situations that force people to seek asylum in Australia. Therefore, we need
to be mindful
that persons seeking refuge should not be treated as "illegals", which implies
criminality, nor should they be the recipients of incorrect labelling such as "queue
jumpers".
In the context of providing a balance to economic, social, environmental and international
considerations, the following points provide alternatives to the current system.
Australia, in consultation and agreement with UNHCR member and other like-minded
countries, should:
share the burden of growing numbers of
refugees languishing in camps by accepting refugees with skills from countries with high
numbers of refugees to meet Australia's targeted areas for the skilled employment
categories.
collaborate to fund and support an upgrading
of skills training programs.
approach business to consider -in agreement
with DIMA requirements - the possibility of employing humanitarian entrants under the
Employer Nomination Scheme and Business Skills category.
expand the points test to give humanitarian
entrants the same opportunity as migrants, allowing them to be contributing and economic
members of Australian society. The benefits would eventually provide a balance for both
economic concerns and humanitarian responsibilities.
counteract misguided fear and hostility
towards asylum seekers with an education campaign about asylum seekers and the process
required to claim refugee status; who they are and where they are from and the reasons for
seeking asylum. Such a campaign should accurately reflect the numbers who seek refuge and
those who are granted protection status as well as openly state the disproportionate
number of over-stayers from more acceptable cultures such as the USA and the UK
The following solutions are offered in
response to addressing problems associated with protracted processing times. There should
be:
More open and accountable processing times
by visa category by post, including priorities which reflect the nature of the category
such as Women at Risk; Aged Parents and immediate family members of humanitarian
applicants.
Clear and precise processing regimes. From
the start, applicants should be given accurate visa application information in order to
comply with visa eligibility requirements. This should be done initially as a matter of
course rather than through sequential processes which can be a covert means for
controlling program outcomes.
Genuinely responsive inquiry facilities
which allow rather than inhibit access by the public.
An improved standard of service in relation
to written enquiries that provides appropriate, adequate, and relevant details in a
non-obstructive and helpful manner.
An improved telecommunications system that
enables a reasonable response to telephone enquiries.
In considering the overall level and mix of
the migration program, not withstanding the contribution of the skill stream, this
approach should also be extended to the family stream. Families contribute to the well
being of a society by providing love, support, guidance, understanding and an overall
capacity to encourage a healthy and functional society.
Humanitarian Program
The answers to the questions given in the discussion paper may overlap or not directly
respond specifically to one question.
1. What more can Australia do, in cooperation with UNHCR, or bilaterally
with the country concerned, to assist a country of first asylum to provide temporary
protection to refugees and other displaced persons?
Increase the offshore category and therefore enable more refugees to enter Australia under
safe and organised conditions.
The number of humanitarian cases approved overseas is currently at about one third of the
level of 20 years ago. As a wealthy nation we have a responsibility to share the burden
posed by those who seek asylum. That responsibility is the heavier when military and
political action in Afghanistan and the Middle East is carried on with our support.
There was an overwhelming agreement by delegates on the need to move the refugee debate to
a human rights framework at The Refugee Convention - Where to From Here? held in Sydney
from 6 - 9 December 2000. The consensus by delegates is significant given their experience
and expertise with refugee policy, and should be considered as an important factor by
adopting the recommendations in the development of the humanitarian program.
The Australian Council for Overseas Aid (ACFOA) articulated the need to understand the
complexities which impact on refugees and other displaced persons, stating:
"The Government has recognised that measures to address root causes of refugee flows,
such as endemic poverty, conflict, political persecution and repression, are key elements
in its strategy to deal with the problem of unauthorised arrivals and people smuggling.
ACFOA has stressed the need to understand and compassionately and flexibly respond to
issues relating to complex humanitarian emergencies and human rights abuses and their
impact on refugees and internally displaced persons (IDPs). Australia's response must be
consistent with international trends, and our international obligations. This requires an
integrated, whole of government approach rather than the spread for refugee matters across
four major portfolios. Following on from this, we note that while refugee protection
remains UNHCR's core mandate, the UN Secretary General decided to mainstream human rights
throughout the UN system beginning in 1997. This shift is one of a number of initiatives
currently being deliberated by NGOs, the UN and military authorities in relation to
refugee issues. This includes a review of the UN's work with IDP in five countries, among
them Indonesia. Human rights issues involving the long-term detention of asylum seekers
arriving without proper documentation has been a major focus of community and media
debate. Very much related to the above concerns are a number of other issues on the
international agenda, in particular the relief-development gap. There is disparity in
response to different refugee and IDPs emergencies, based on the strategic importance
governments place on particular crises or operations. For example, in 1999 $120 per person
was spent in the former Yugoslavia. This was over three times the $35 per person spent in
West Africa. Long-term reconstruction and reconciliation efforts, including strengthening
democratic institutions, civil society and supporting social justice and good governance,
in post-conflict work is vital to help prevent conflicts re-igniting".
The government should adopt the ACFOA
recommendations on Refugee and Internally Displaced People:
Recommendation 59
ACFOA recommends that the Australian Government:
59.1 Evaluate refugee and humanitarian planning and policy
processes on a non-partisan and expert basis to develop a framework and priorities
for a flexible humanitarian response. This framework needs to consider the spectrum
of refugee
relief, including prevention, emergency response, resettlement and asylum.
59.2 Act within the United Nations system to strengthen the
core mandate of refugee
protection in international law and practice, including the provision of equitable
financial and human rights treatment based on need, regardless of geography.
59.3 Evaluate the results of the UN's Inter-Agency Standing
Committee Working Group on Security report on a framework agreement for operations
to guide the basis for security relations between the UN and NGOs at the field
level.
59.4 Evaluate the results of the UN Inter-Agency Standing
Committee Senior Network review of UN work with IDPs so that lessons can inform
the Australian response, both government and NGO, to more effectively meet the
needs of IDPs.
59.5 Use its place in the UN and other multilateral structures to
press for serious efforts to seek permanent and just resolution of long-standing
refugee situations in Afghanistan and Iraq. Part of this must involve the abandonment
of the
punitive and ineffective United Nations' "Food for Oil" sanctions,
which are
causing such humanitarian suffering in Iraq.
59.6 Urgently seek alternatives to the present long-term
detention of asylum seekers who arrive without proper documentation.
59.7 Break the numerical linking of the on-shore and offshore
humanitarian programs.
59.8 Increase resourcing of overseas migration posts with large
humanitarian work-loads to facilitate efficient, equitable and timely processing of
referrals and applications.
59.9 Reverse its decision to only offer temporary residence to
those granted refugee status in Australia and to restore full services recognised as being
essential for refugees to live productively within the community.
In summary, we endorse the sentiment that a global response is necessary in finding a
collaborative solution to this global problem. That a long-term strategy is adopted
enlisting international and regional cooperation and support to share the responsibility
in seeking solutions in the global context where compassion is elevated as a functional
element of the strategic process. We acknowledge and accept that government must act
responsibly in controlling movements in and out of Australia, but we believe a refugee
policy should be more concerned with alleviating the problem and providing protection to
victims of global circumstances.
2. How can Australia, as far as possible, remove the incentive for
people without humanitarian claims to attempt to use refugee programs to achieve migration
outcomes?
The focus should be on those who do have claims by having greater generosity in
Australia's humanitarian program in response to the number of people seeking protection as
identified by the UNHCR.
We support in entirety the Catholic Commission for Justice Development and Peace
who state
that "The current offshore program of resettlement should be de-linked from the
on-shore program which handles asylum seekers. This linkage has only been the case since
1996. The role of de-linking the two programs would be that an increase in use of on-shore
places through successful asylum claims would not be offset by a decrease in places in the
resettlement and would be, therefore, less incentive to take the people smuggling option.
An immediate option is to increase the resettlement program to encompass all of the
current 12,000 placing providing an extra 4,000, and then a notional allocation of an
extra 3-5000 places for on-shore asylum claims" .
This question highlights a fundamental problem and lack of flexibility in response to the
challenge of people seeking protection. It is not disputed that the integrity of
Australia's migration program and borders are maintained - but equally - the integrity of
the humanitarian program should be maintained so that it can provide protection
commensurate with the number seeking protection. This is especially evident as the UNHCR
identified 21 million people of concern at the end of 2000 consisting of: 12 million
determined to be refugees; 1 million asylum seekers; 6 million people displaced in their
own country, and others who returned to their country, but whom UNHCR monitor. The
countries producing the largest number of refugees in the world at present is Afghanistan
(3,500,000), followed by Burundi (568,000) and Iraq (512,000). Asylum seekers recently
arrived in Australia without documentation, come principally from Afghanistan and Iraq.
They have been fleeing from persecution from their ruling regimes and more recently,
following the turmoil in Afghanistan, UNHCR is fearful that those fleeing persecution
could number many millions. They flee initially to Pakistan or Iran, countries of first
asylum. Even if they obtain refugee status there from UNHCR, there is no future for them
in these overcrowded countries. UNHCR says that desperation at not being able to find a
home has driven many of these refugees and asylum seekers to pay people smugglers to help
them reach Australia via Indonesia. In October 2001, 500 recognised refugees were awaiting
resettlement from Indonesia and 2000 were awaiting assessment.
As questioned in previous submissions made by ACMRO to DIMA, it would be worthwhile to
examine and measure the effectiveness of the Overseas Information Campaigns, designed as
disincentives for those seeking asylum in Australia? What is the evidence? How is the
information gathered and measured?
3. Within Australia's finite budget for this strategy, how and where is
money best spent on the prevention element?
See the response to 2.
Sufficient aid should be allocated to Pakistan and Afghanistan, especially as we are
involved in a refuge-causing situation together with international cooperation.
Is an evaluation of the effectiveness of prevention campaigns available to determine if
expenditure on the prevention element is warranted?
As noted by the NCCA the importance of the promotion of justice and equality is vital in
addressing and redressing global issues.
4. What priority and focus should Australia give each of the three
elements of the strategy? Prevention/disruption of people smuggling/reception arrangements
Prevention - Greater cooperation is required with the international community in order to
deal with the number of people who are susceptible to people smuggling. Bilaterally,
solutions need to be creatively considered giving attention to the root causes of refugee
situations and to prevent vulnerable people from taking desperate measures by using people
smugglers. The impact of globalisation must be responded to in a responsible manner by
countries with the ability to find solutions to the reasons for population movement, not
by reacting by being with very restrictive on the entry of migrants and refugees. In
periods of high need which in effect makes possible profitable and marketable illegal
people movers. As the NCCA notes there is a greater supply and demand of people movers
which correlates to restrictions placed on asylum seekers .
Disruption of people - What are the factors which support/enable people/movers
to function
and operate? The UN Commissioner for Refugees suggests the "lack of durable solutions
is resulting in two "non-solutions" for refugees: protracted stays in refugee
camps and the fact that out of desperation, some refugees are turning to criminal
smugglers" .
According to the Centre for Social Research, Uzbekistan problems forcing people
to
migrate, displacement and refugee situations are due to an "increased threat of
terrorist acts, extremism and drug trafficking from Afghanistan to Central Asia"
along with governments tightening "procedures to register and to obtain
legal resident status. Therefore global solutions need to be considered by wealthier
countries
with the capacity to influence global trends. Otherwise if fewer options are
available and solutions open to asylum seekers then they will be forced to find
their own solution.
Reception arrangements - is protection available to the numbers who seek it?
How efficient and transparent is the system? An example of problems gaining visas
is identified with an
example of a sponsored visa application to highlight that the visa application
process contains significant problems. Fr Brian Gore, Columban Director for Justice,
Peace and
Ecology, recently made a relevant comment that a sponsored priest was denied
a visa to Australia until Fr Gore advocated on his behalf. This example highlights
fundamental
problems with the processing component. Fr Gore is critical of the system in
reference to
long delays for detained asylum seekers in having their claims processed, "If that's
the level of processing going on with just an ordinary visa, imagine what goes on in the
bureaucracy when they don't care about the people".
At issue is the reception and processing method sufficient and adequate to meet the needs
of the number of people seeking protection, especially for those in vulnerable and unsafe
situations.
Applications formerly processed under the Special Assistance Categories should be given
special consideration when allocating visas under the Global Humanitarian Program.
5. How could we more effectively identify and select Women at Risk for
resettlement in Australia?
Non-government organizations, including church-based, have the capacity at international
and national level to cooperate through shared information and arrangements in
areas of
common interest and concern. Special categories as "Women at Risk" have
proven
the benefits of cooperation, which should be used more widely and effectively.
The government should accord high priority to the processing of cases from regions where
people are residing at risk or are in dire need.
Countries of first asylum need continuing assistance and support through aid and related
measures in coping with refugee outflows from neighbouring countries.
To address the problems and barriers many women face in accessing protection, health and
associated services within the region could collaborate to establish mechanisms for
identification and information sharing about the program.
There should be a person with expertise in each Australian Embassy with responsibility for
the processing of applications for women at risk. This person should be familiar with the
local situation and have an understanding of social and cultural circumstances and factors
that cause women to be at risk.
In recognition of the problems and barriers faced by women in travel and the lodgement of
applications, special consideration should be given to make the process relevant, well
known and more accessible, accountable and responsive to women at risk.
6. What changes could be made to selection criteria and procedures to
reduce or eliminate the large backlogs of applications awaiting processing at Australian
overseas offices, while maintaining the offshore component's focus on those in greatest
need of resettlement.
The problem exists not with the selection criteria but with insufficient resettlement
places - the number of people of concern to the UNHCR is disproportionately high to the
low number of places available in resettlement countries.
Long term planning of a flexible humanitarian program is necessary so it can adapt and is
equipped to respond to fluctuations in migration as demonstrated with the current flow of
people from Afghanistan seeking asylum.
To enable a major improvement to procedures would be to have sufficient staff to cope with
the number of applications. Having more posts in accessible locations - closer to the
areas producing causing refugee situations.
7. How can notions of 'greatest need of resettlement' be built into the
legislation which regulates the grant of offshore humanitarian visas?
The recognition of the difficulty in determining those in greatest need is accepted. DIMA
processing posts need to work more closely with UNHCR and other international agencies
such as the International Catholic Migration Commission (ICMC) in order to administer a
program that is more flexible and better able to respond to the changing location of
refugee generating areas/zones.
Overseas selection processes and on-arrival settlement services could well be enhanced and
more effectively identify humanitarian entrants' needs if more weight were given to
community organizations' concerns. These organizations possess particular experience both
in Australia and overseas when dealing with migrants in need. Volunteers have historically
been the life-line for migrant and humanitarian entrants. There would be great benefit for
DIMA to recognise the potential for partnership arrangements, for example in programs such
as regional relocation.
Improvement is required to increase access to processing posts for refugees along with an
overall speeding up of applications once they are received. However, the significance of a
person seeking protection should not be diminished as a means of choosing who is in the
greatest need - how is the 'greatest need of resettlement' not applicable to all claimants
seeking protection?
8. What constraints, if any, should be placed on the making or
consideration of 'repeat' applications by people who have already been refused an offshore
humanitarian visa?
Increase the humanitarian program to be responsive, flexible and adaptable to the need and
fluctuations as with the current flow of Afghans seeking refugee. There needs to be
sufficient places available to prevent repeat applications.
What is the rate of repeat application and acceptance rates?
We support the recommendation made by the National Council of Churches and also caution
that placing restrictions on repeat applications should only be considered if the primary
application was without doubt comprehensive and complete. This however appears to be
somewhat fictional given the fluidity of the circumstances for many claimants who may have
the opportunity to provide new information in support of their claim. This approach also
assumes that the circumstances surrounding the application process were ideal and beyond
question - that the applicant was able to submit all the correct information necessary in
the first instance along with having the necessary and appropriate assistance and support.
At issue is whether barriers existed and prevented complete disclosure of information such
as a sharing of cultural understanding and values; language; social mores and stigmas that
may prevent direct and open communication. Like the NCCA, we caution this approach given
that it assumes a complete, comprehensive and perfect application is made in the first
instance, is submitted in an ideal atmosphere with perfect and total assistance and
understanding of the process.
9. How can volunteers best be supported to assist in the settlement of
entrants?
Include volunteers in the consultative and program planning process
Provide support and training for agencies employing volunteers.
Consider funding those agencies or MRCs to employ a volunteer coordinator to train,
resource and support volunteers. Volunteer coordinators could be located in regional
areas' community or neighbourhood centres to support:
Cross cultural training;
Information on services, systems and
processes;
Access to a working space,
telecommunications and administrative support;
Identification and legitimacy to advocate on
behalf of entrants; and
Reimbursement for costs incurred in
supporting entrants.
10. What practical measures
can DIMA use to evaluate the success of each of the services of IHSS?
Many Church agencies have registered their concern with the lack of clearly defined
arrangements, processes and management with the critical change-over from the former to
the current IHSS model. As a result of this mismanagement, many agencies have been
de-motivated to be part of the new structure.
To enable greater involvement and to encourage participation the issue of contract
lengths and the consultative process with service providers and volunteers should
be incorporated
and be part of the overall strategic planning. The notion of including those
involved in the service delivery is equally true for an effective evaluation
process. As the NCCA
states "it should be broadly conceived, independent, open, accountable and
encouraging of both community" and agency.
11. How can we encourage broader community approval of refugees?
Community approval and support by the Australian community is predicated on the
Government's responsibility and how it approaches the issue. Australians are entitled to
know and understand fully the events and circumstances why people seek refuge and how many
are desperate enough to use people smugglers. Like the UNHCR, we agree that discrimination
should not be used to belittle asylum seekers. The terminology of asylum seeker and
refugee should be explained, and the use of negative terms such as illegal, queue jumper
should be discouraged. Refugees should be acknowledged, respected and treated with
dignity. Refugees and asylum seekers have rights; which are enshrined in law, in defence
of the human dignity of asylum seekers, the Australian community equally has the right to
be informed of such rights in order to encourage broader community approval of refugees
and asylum seekers. Those rights recognised in various instruments of international law
should be made known and that the full range of entitlements to human rights of refugees
and asylum seekers are expressed in various instruments of international law. They need to
be emphasised again in our present circumstances in Australia. Refugees and asylum seekers
have:
the right their right to be accepted at the
borders of the country where they seek protection and to receive a fair and prompt
response to the request to be recognised as refugees;
the right to be heard by a competent and
well disposed authority and not to undergo detention while the request for asylum is being
considered;
the right to live in dignity and to receive
the help necessary while the asylum application is being considered;
the right to appeal a negative decision on
the recognition of refugee status and, during the appeal, to reside in the country where
protection is sought;
the right to be reunited with separated
members of their family as soon as possible, under the same family reunion rules as apply
to other migrants, and without punitive discriminatory restrictions applied to any
category of refugees.
Australians should be reminded that previous
generosity to refugees has been of benefit to Australian society and will continue to be
so. The Australian community should be encouraged to have confidence and pride in
Australia's refugees. Refugees by definition, are people with courage, ingenuity and
perseverance and are endowed with talents and creativity to have survived and found
sanctuary. Australians respect such values and attributes, but rarely do we attribute them
to refugees. It should be acknowledged that many well-known and distinguished Australians
are from refugee situations.
The government is responsible for providing the Australian community with accurate
information. Asylum seekers fleeing from Afghanistan and Iraq should be clearly
distinguished and treated differently to terrorists from the same area. The importance of
de-linking the asylum and terrorism nexus was a recommendation made by NGOs at the
September meeting prior to the Executive Committee of UNHCR .
Education campaigns should contain accurate statistics indicating the number of people
arriving by boat, without documentation (and why they destroy their documentation),
seeking Australia's protection, who failed security checks should be revealed. In order to
provide a balanced view of the number of people in Australia without documentation, the
number of overstayers and the source countries should be made available. At the same time
the issue of negative and hurtful terminology should also be addressed so that asylum
seekers from different religious and ethnic groups are not condemned while visa
overstayers from cultures similar to our own are not generally the subject of community
concern or political attention.
Information and education programs should address the international issues that cause the
forced displacement of people. Globalisation, an economic rational approach to governance
and change in social structures and how that affects the individual, has never been
explained sufficiently to the Australian population.
The Edmund Rice Centre for Justice and Community Education and the School of Education at
the Australian Catholic University have produced two documents entitled 'Just Comment':
Debunking Myths about Asylum Seekers', Special Edition September and October 2001. Both
are recommended as a beginning to the process of educating Australians on asylum seekers.
12. How can more humanitarian entrants be encouraged and supported to
choose to settle and remain in regional areas and the smaller capital cities of Australia.
The current response by many Australian to asylum seekers demonstrates a concern
and a desire to adopt a positive approach to welcome those seeking asylum into
communities and
towns. As an example, Rural Australians for Refugees has groups in NSW, Victoria
and
Queensland, the aim in 2002 "is to have a dozen or so towns that are Welcome Towns
willing to sponsor and care for refugee families until they are on their feet" .
Solutions and ideas have been developed by regional community members - these
concepts
could be considered and developed in consultation with government.
Temporary Protection Visa holders are discouraged from settling in regional and urban
areas as the conditions of the visa renders them ineligible to gain employment or skills
training programs with restrictions or no access to the usual settlement services.
The answer to question 11 addresses some of the issues preventing acceptance for
humanitarian entrants in regional areas. Migration to regional areas is dependent on
employment opportunities, educational and support facilities, ethnic and cultural
understanding and acceptance.
Migration and settlement of people from different cultures, religious, backgrounds etc.,
has to be promoted as a positive for Australia.
Some regional areas may not be appropriate for settlement. There is a need to ensure that
specialised services such as torture/trauma counselling are available. Some Church
agencies have advised that humanitarian entrants who have attempted to settle in regional
areas have relocated to city areas due to isolation and the desire to be in closer contact
with other members of their community, and also for educational and employment related
opportunities.
Employ regional workers to support existing CRSS groups and to work with mainstream
services and to enhance access to services.
DIMA should undertake a project to research the factors that either enable or prevent
successful settlement for humanitarian entrants in regional areas.
Consider the findings and recommendations form the Longitudinal Survey of Immigrants to
Australia (especially focusing on initial settlement and location) research related to
settlement and immigration. What are the issues and concerns identified as the barriers to
relocating to regional areas.
OTHER ISSUES
Temporary Protection Visas (TPVs)
What is the rational for counting TPVs in the permanent humanitarian program?
The discussion paper cites the humanitarian program as being global and
non-discriminatory. In practice the selection criteria for off-shore places appear
different from those for on-shore places. In regard to the latter there is a difference in
treatment in Australia for those on a temporary visa (eg visitor) compared with those who
arrive in an irregular way (often without any documentation). Successful PV applicants
within the last group receive only temporary protection visas with limited welfare
benefits and are denied full access to English language training and sponsorship
opportunities. As a result, community organizations with limited resources are challenged
to provide services that should be the responsibility of the government.
Unauthorised arrivals found to warrant Australia's protection should be granted permanent
protection visas and settlement services in accord with those who initially enter
lawfully.
Church agencies and charitable organisation have had a significant role in providing
support to refugees granted TPVs. Those agencies, along with the Bishops' Committee for
Migrants and Refugees , expressed their concern with the Government's response to people
arriving in Australia irregularly who subsequently seek protection visas. They have also
expressed their concern with the methods of detention and with the limiting conditions of
the temporary protection visas. ACMRO has concern with the rationale behind the TPVs when
an asylum seeker is deemed to have refugee status and is then provided with only temporary
protection.
Practical issues affecting TPVs holders:
People with TPVs do not have access to the
full range of support services available to other refugees. They have a high level of
mobility and no processes are established to ensure that they are linked with the
necessary health services.
The refugee experience: the impact of
detention in Australia; ongoing separation from family; barriers and isolation from the
general community; and an uncertain future with the granting of the TPV - all these
factors contribute to existing or new emotional or mental health problems. Extensive and
conclusive studies found detention can intensify pre-existing trauma for asylum seekers .
The denial of the basic right of family
reunion to TPV holders is fundamentally wrong and opposes the accepted social norm of the
need of the support and unity of the family. According to the RCOA it is questionable and
unfounded whether the denial of family reunion is a disincentive of would be asylum
seekers.
Restricting holders of TPVs to access work,
places them in a vulnerable situation, as they do not have entitlements to AMEP classes
and therefore they are without English language and may be susceptible to exploitation by
unscrupulous employers.
Lack of information for some service providers concerning people with TPVs has resulted in
their encountering barriers, hostility and ignorance about their situation.
Refugee Review Tribunal
How many have incurred the fee and how many are due to pay the post-decision fee of $1000
for an unsuccessful claim.
Is there proof that it is working as a disincentive? Have efficiency, credibility and
accountability improved and how is it measured?
Detention
ACMRO supports:
Adoption of the concept of an alternative detention method to the current practice.
Improvement of conditions and treatment for detainees as recommended by the Flood Enquiry,
2001.
Implementation of the Senate report into the Refugee and Humanitarian Program "A
Sanctuary Under Review ".
That detention policies not be designed to use asylum seekers as a means of deterring
others from seeking asylum in Australia.
Many Catholic Church agencies have requested that the following recommendations be made
concerning the current regime of detention:
That improvements are needed to speed up the
processing of applications for detainees and to ensure that the methods are
transparent and the status of claims are made known to the detainees, would
prevent many of the
desperate actions detainees have recently taken. The President of the Australian
Catholic Bishops Conference in response to the current situation in detention
centres "called
on the Australian Government to re-assess procedures dealing with asylum seekers in
detention centres . ACMRO urged that the "system of mandatory detention of asylum
seekers be seriously reviewed" and to work more closely with NGOs experienced
"with conditions and treatment in detention centres" . We also caution the
recent incentive to encourage Afghani asylum seekers to return home and support the view
of the comments made by the Refugee Council of Australia that the "complexity of the
situation" in Afghanistan suggests that it will be a long time before
safety can be assured.
That there be provision of a secure and a
less prison-like environment.
That adequate numbers of health
professionals be employed to assist people to cope with detention conditions and to have
appropriate support to treat torture and trauma, grief and loss, and dislocation.
That ACM members (and/or new contractors)
receive cross-cultural training along with information about UNHCR and its programs and
the reasons why people seek refuge i.e. the problems in refugee source countries.
Potential conflicts and tensions between staff members and detainees should be minimised
with adequate supervision of trained members.
In order to redress any negativity
associated with asylum seekers, the correct terminology should be used for
both those seeking protection and the detention centres, both of which
have negative social
connotations. Government should be responsible and treat with care the use
of language "Asylum seekers are often called 'illegal immigrants'" and
'boat people' or 'queue jumpers'.
Children in Detention
ACMRO has deep concern for the welfare of children in detention. Our concern is
generated from immediate advice received from Catholic Pastoral workers who regularly
visit children in detention. Positive aspects include the Woomera trial of allowing
mothers and children into the community and to participate in activities with other
members of society. The president of the Australian Catholic Bishops Conference noted that
recent activities by children in detention highlights how desperate the situation for
children in detention is and that they should be released .
We continue to support the recommendations made in a joint letter to Minister
Ruddock of 22 November 2000 that children not be detained for periods of time
beyond security and
health checks, that given the ongoing concerns with children in detention it
is time to
seriously consider that "several reforms need to be made to the treatment of children
in detention".
We support the pending Inquiry into Children in Detention to be conducted by the HREOC.
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