Immigration, refugees
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Bad laws, not lawyers, lead to injustice: a response to Stuart Rees
On 19 August, Pearls & Irritations published a piece by Stuart Rees titled “Biloela and Assange: compliance with governments, not justice”. While I generally agree with Stuart, there was a misconception at the heart of his piece. Continue reading »
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Afghan Refugees and the Tampa: will we be cruel again?
Have Australian hearts softened towards Afghan refugees in the twenty years since the Tampa incident? Hopefully, yes.. Continue reading »
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Too little, too late: Morrison’s Afghanistan failures
‘Too little, too late’ is one of the Morrison Government’s defining characteristics. Continue reading »
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Is Australia’s grand experiment in multiculturalism failing us all?
One of the greatest public policy innovations in Australia’s political history has been the large scale immigration programs commenced in 1947 under the Chifley government. The Menzies government grudgingly inherited the policy on the understanding that all immigrants would be assimilated into the community as “New Australians.” (Meanwhile, Prime Minister Menzies preferred to think of Continue reading »
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Dutton’s and Pezzullo’s citizenship hypocrisy
The in-coming minister’s briefing prepared by long-standing Departmental Secretary Mike Pezzullo was inevitably going to be more significant for what it didn’t highlight than what it did. Continue reading »
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The fraying of judicial nerves in migration cases
George Brandis as Attorney-General started a round of appointments to the Administrative Appeals Tribunal (AAT) and to the Federal Circuit Court which has continued to adversely impact the fair and efficient resolution of refugee and migration cases. The under-resourcing of these bodies is also impacting decisions. Continue reading »
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Immigrant conundrums: parents, visas and Australian Citizenship during the pandemic
As Indian Australians we reflect upon the emotional impact of Australia’s COVID-19 border restrictions upon the Indian community, for whom the care of the elderly parents they are now unable to see is a cultural sacrament. Continue reading »
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The “problem” with boat people
Why have successive governments shown disdain for refugees who come by boat? Kim Huynh contrasts the welcome he enjoyed 40 years ago with the hostility now confonting boat people. Continue reading »
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The High Court’s surrender to the Morrison-Dutton immigration detention regime
For almost thirty years, there has been a tussle between the courts and government in Australia over immigration detention. Alas, the High Court called a truce on Wednesday with a 4-3 decision which is as unprincipled as it is harsh. Continue reading »
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The Sri Lankan family – just a case of bloody mindedness. A repost from 2019.
We await further operation of Federal Court processes before the future of the Sri Lankan family being held on Christmas Island is finally known. In the meantime, it’s worth reflecting on why the government has chosen to take such a hard line on this family. Continue reading »
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Immigration: language of cruelty or words for humanity
The Coalition government’s self-image, values and attitudes towards powerless people, such as the Tamil Biloela family, are parcelled in a language and style that is far removed from ideals of a common humanity. Continue reading »
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An Agricultural Visa Would Change Australian Society – for the worse
After years of resisting creation of an Agricultural Visa, Prime Minister Morrison has announced we will now have an Agricultural Visa for farmworkers from the 10 ASEAN countries. This may be the final step in Australia becoming a low skill guest worker country, something we had resisted for decades. The article below has been republished Continue reading »
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Moral bankruptcy and cruelty in the treatment of the Biloela Family.
The government is hiding behind legislation as a reason for not doing anything. This is truly a morally bankrupt position as anyone who understands Immigration law knows. Continue reading »
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Blink and the boats will restart the Government says, but that is nonsense
The Government excuses its cruelty to the Biloela family by wrongly asserting that the boats bringing asylum seekers will start again . Over the past 6-7 years, the Government has presided over the biggest labour trafficking scam and abuse of Australia’s asylum system in our history. As a result of that scam of asylum seekers Continue reading »
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Denial as policy, the Tamil Biloela family.
In a school playground, a little boy responds to being caught doing something wrong: ‘It wasn’t me sir’, or ‘It was those other boys’, or even ‘ I would never do such a thing.’ His ducking for cover matches the denial of responsibility characterising the Morrison government, not only regarding their cruelty to the Tamil/Biloela Continue reading »
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Australia’s facile immigration policy debate
Australia’s immigration policy debates over the past 30 years have largely consisted of the usual suspects trotting out the usual lines. Continue reading »
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The Tamil family: cruelty beggars belief
The continued detention of the Tamil Biloela family, let alone the threat to deport them, confirms the government’s fascination with cruelty as policy. To demonstrate their bravery in defending Australia’s borders, Ministers think that to protect comfortable and fortunate Australians, they must show a wanton disregard of the interests of the powerless and vulnerable. Continue reading »
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Urgent action needed on escalating forced migration crises
The Co-Convenors of the Asia Dialogue on Forced Migration (ADFM) are gravely concerned about the forced migration risks facing the Indo Pacific region and the lack of preparedness to deal with them. Continue reading »
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The Budget falsely claims to make health insurance cheaper through lower premium rebates
The Ministry of Truth has apparently taken over the preparation of Department of Health Budget “fact” sheets. A decision which will increase the cost of private health insurance for thousands of Australians is presented as “making private health insurance simpler and more affordable”. Continue reading »
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New Ministers Andrews/Hawke keen to make their mark on asylum seeker debate
New Home Affairs Minister Karen Andrews and new Immigration Minister Alex Hawke will be keen to stamp their mark on the asylum seeker debate – a debate that has won the LNP many elections and led to the promotion of relevant ministers, including Morrison and Dutton. Continue reading »
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Reflections on those left behind in detention
Only a few weeks ago I stood at the Sydney Palm Sunday rally watching Thanush and Ramsiyar, two unbelievably brave young men, speaking to the crowd. These were the same men who I had walked into Parliament House with a month earlier, to deliver a petition of almost 37,000 signatures calling for the release of Continue reading »
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Australia’s cruelty to refugees: which legal ‘straw’ might break the camel’s back?
In April 2021, Australia’s harsh treatment of immigration detainees under a 1994 policy – whereby anyone without an entry visa who seeks asylum from persecution must be detained, potentially indefinitely – is facing two court challenges. Could either case end the regime’s systemic cruelty? Continue reading »
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Asylum policy in UK and Australia – a tale of two nations
In these two nations, the backlog of asylum applications and that of refused asylum seekers who have not departed is remarkably similar (see Table 1). But debate on the matter in the two countries is very different. Continue reading »
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Proposed English language testing of Australian sponsors and partners
In the 2020 Budget, former Acting Immigration Minister Tudge announced the Government would introduce English language testing for partner visas – that is when an Australian sponsors their non-Australian partner to become an Australian permanent resident. Continue reading »
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UK introduces Australian-style asylum system
Boris Johnson insists radical plans to reshape the way the United Kingdom treats asylum seekers are lawful, even as government lawyers prepare for a raft of legal challenges arising from the decision to create a two-tier system discriminating against ‘boat people’. Continue reading »
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An immigration agenda for new home affairs minister Andrews
Peter Dutton’s transfer to Defence Minister and appointment of Karen Andrews as the new Home Affairs Minister provides her with an extraordinary array of Dutton inspired problems she could readily fix. Continue reading »
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So many questions for Home Affairs
How did a backlog of around 100,000 partner visa applications develop when the Migration Act clearly states it is illegal to limit the number of partner visas? When the Department of Employment undertake a systemic investigation into the 22 deaths of seasonal worker visa holders? Why have we significantly tightened legal criteria for all other Continue reading »
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Australia’s ‘rule of law’ system leaves millions unprotected: Part 2
Part 1 discussed the role of law-makers (parliamentarians) and law-implementers (public servants). Part 2 discusses the role of law-interpreters (judges) and law-enforcers, including a non-regulating regulator, Comcare. Continue reading »
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Australia’s ‘rule of law system’ leaves millions unprotected: Part 1
The rule of law ‘system’ is not an amorphous single entity – government – but involves law-makers (such as prime ministers and other ministers), law-implementers, law-interpreters, and law enforcers. Their work has left unprotected several million vulnerable people. How? This part covers law-makers and law-implementers. Continue reading »
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Replacing Cruelty to Refugees with Aspirations from 1948
If politicians re-learn the principles which dignified the rule-based order, launched in 1948 with passing of the Universal Declaration of Human Rights, this should affect the chances that 2021 will not see a repeat of the cruelties of 2020. Continue reading »
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