Refugee status determination – the key issue

Graeme Swincer, McCracken, Dec 3, 2024

Having worked closely with Asylum Seekers for 14 years I must highlight a key problem with the recent Migration Bill changes – the uncritical assumption that the refugee status determination process is professional and fair and sensitive to changing realities. That assumption is simply not true. There are hundreds of innocent victims of the demonstrably flawed process, and many of these will be vulnerable to further unspeakable suffering if these changes are implemented.

For example ASF17 whose case was recently determined by the High Court is an Iranian citizen who was held in immigration detention for a decade. He failed in his application for a protection visa and was therefore subject to a legal obligation that he be deported as soon as reasonably practicable. But he resisted deportation, citing compelling reasons: he is bisexual, has converted to Christianity, is Kurdish and has opposed the mistreatment of women by the Iranian government. Any of these represent signal extreme danger in present-day Iran. And the situation has changed since the original rejection – whatever the soundness or otherwise of that decision.

Review is essential. Sadly, the policy has long been never to admit the possibility of a mistake.

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