Today, the Australian government rushed through new laws that could see refugees detained indefinitely in immigration detention.
Australia has a long and terrible history with how it deals with refugees and asylum seekers. From Abbott‘s Operation Sovereign Borders to Gillard‘s botched Malaysia Solution , these new laws passed under the Clarifying International Bill are just another example of the government’s failure to protect refugees under the UNHCR 1951 Refugee Convention.
PEDESTRIAN.TV spoke to the Human Rights Law Centre’s Dave Burke about what this legislation means for refugees in Australian detention centres.
BREAKING: Right now, the Morrison Government is rushing new laws through the Parliament that will lead to more refugees spending years, potentially decades, in indefinite detention.
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— David Burke (@DavidSzokeB) May 13, 2021
What is the Clarifying International bill?
The Clarifying International Obligations for Removal Bill amends the Migration Act, and provides protections against sending refugees to harm under section 197C. It also adds a new section 36A which gives Home Affairs Minister Karen Andrews more power.
While it might seem good that refugees cannot be sent back to their country in fear of persecution (already outlined under the UN Refugee Convention). The new law only serves to protect the Morrison Government from legal challenges currently in the courts against lifetime detention for refugees.
Basically, the government doesn’t need to take any steps to remove refugees from detention, because the law says they can’t be sent back to their own country.
What is the problem with the bill?
According to David Burke there are two problems with the bill, the first is that if you are found to have refugee status and the government cancels your visa, “there are no safeguards in place to prevent that person from being locked up indefinitely.”
The second problem is that “the bill gives the Minister extra powers to overturn refugee status, if they think the person is no longer a refugee.” That means that if someone is found to be a genuine refugee, the government can still turn around and deport them.
“There is no justification to give the Minister a new power to cancel refugee status. The Minister should not be able to waive a pen and overturn the fundamental protection the government has given someone whose life is at risk. Refugee status should never be a day-by-day proposition,” Burke said.
How will these laws affect future refugees?
“We now have people with a choice between going back to their home country, where the government accepts they will face persecution. Or staying in immigration detention where they will stay for 10, 20, 30 years.”
To prevent this, we need urgent reform and for the government to repeal the Home Affairs Minister’s new powers.
We urgently need reform to protect people who are recognised as refugees from being locked up forever by the Government without any safeguards
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— David Burke (@DavidHRLC) May 13, 2021
