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Tony Burke considers changes to 'no advantage' asylum test Tony Burke considers changes to 'no advantage' asylum test
(3 months later)
The newly installed immigration minister, Tony Burke, is considering changes to Labor’s controversial “no advantage” test for refugee processing – which was set out in a directive that took effect just hours before he was sworn in on 1 July.The newly installed immigration minister, Tony Burke, is considering changes to Labor’s controversial “no advantage” test for refugee processing – which was set out in a directive that took effect just hours before he was sworn in on 1 July.
The directive allowed assessments to start on a backlog of more than 22,000 asylum seekers who have arrived by boat since 13 August last year, when the Gillard government reversed Labor’s stance on asylum seekers in an unsuccessful bid to stop the steady increase in boat arrivals.The directive allowed assessments to start on a backlog of more than 22,000 asylum seekers who have arrived by boat since 13 August last year, when the Gillard government reversed Labor’s stance on asylum seekers in an unsuccessful bid to stop the steady increase in boat arrivals.
In an update to community groups sent on Wednesday setting out the rules for the resumption of processing after almost a year, the Department of Immigration advised that the no advantage test – which provides that asylum seekers arriving by boat receive no benefit compared with other asylum seekers – would remain vague and undefined.In an update to community groups sent on Wednesday setting out the rules for the resumption of processing after almost a year, the Department of Immigration advised that the no advantage test – which provides that asylum seekers arriving by boat receive no benefit compared with other asylum seekers – would remain vague and undefined.
And it outlined a system where legal arrivals would be processed first, followed by boat arrivals who co-operated with authorities. Those who did not co-operate or who provided fraudulent documents would be given the “lowest priority”. Some reports have suggested the new prime minister, Kevin Rudd, is behind a “policy shift” to crack down on asylum seekers arriving without identity papers, but the directive shows a change had already been ordered.And it outlined a system where legal arrivals would be processed first, followed by boat arrivals who co-operated with authorities. Those who did not co-operate or who provided fraudulent documents would be given the “lowest priority”. Some reports have suggested the new prime minister, Kevin Rudd, is behind a “policy shift” to crack down on asylum seekers arriving without identity papers, but the directive shows a change had already been ordered.
Refugee advocates and groups such as the Red Cross have argued the lack of clarity under the no advantage test leaves asylum seekers in a state of sanity-sapping limbo, uncertain about their future and forced to live on about $220 a week, 89% of unemployment benefits for an indefinite time.Refugee advocates and groups such as the Red Cross have argued the lack of clarity under the no advantage test leaves asylum seekers in a state of sanity-sapping limbo, uncertain about their future and forced to live on about $220 a week, 89% of unemployment benefits for an indefinite time.
But the department insisted proven refugees would still have to wait “several years” before they were issued with a visa and allowed to work, and that the number of years would not be specified.But the department insisted proven refugees would still have to wait “several years” before they were issued with a visa and allowed to work, and that the number of years would not be specified.
“There are no confirmed timeframes for assessing claims or for granting protection visas,” it advised in the update, obtained by Guardian Australia.“There are no confirmed timeframes for assessing claims or for granting protection visas,” it advised in the update, obtained by Guardian Australia.
“There are many people waiting and so it may be several months before clients are contacted. There may be a further wait to be scheduled an interview … and yet a further wait for the protection assessment to take place. Even if found to be a refugee, clients are still likely to be waiting several years for a protection visa to be granted, as it will not happen faster than for refugees outside Australia. This reflects the ‘no advantage’ principle recommended by the expert panel and accepted by government.”“There are many people waiting and so it may be several months before clients are contacted. There may be a further wait to be scheduled an interview … and yet a further wait for the protection assessment to take place. Even if found to be a refugee, clients are still likely to be waiting several years for a protection visa to be granted, as it will not happen faster than for refugees outside Australia. This reflects the ‘no advantage’ principle recommended by the expert panel and accepted by government.”
But in an interview with Guardian Australia, Burke said he had already asked his department to consider changing that position to provide a clearer explanation to asylum seekers about what “no advantage” means.But in an interview with Guardian Australia, Burke said he had already asked his department to consider changing that position to provide a clearer explanation to asylum seekers about what “no advantage” means.
He said he supported the principle of the no advantage test, but added: “I do believe it needs a tighter explanation.He said he supported the principle of the no advantage test, but added: “I do believe it needs a tighter explanation.
“I think some of the questions that have been asked about that are reasonable and I have started work with the department personally on tightening that up … I have put to the department a personal view that I think is tighter than previous explanations, and when they come back to me I will then consult with my colleagues on it,” he said.“I think some of the questions that have been asked about that are reasonable and I have started work with the department personally on tightening that up … I have put to the department a personal view that I think is tighter than previous explanations, and when they come back to me I will then consult with my colleagues on it,” he said.
Burke said processing had “started Monday morning under a system already set in place before I was sworn in”.Burke said processing had “started Monday morning under a system already set in place before I was sworn in”.
The update said a policy directive issued by the former minister of immigration and citizenship, Brendan O’Connor, effective from 1 July 2013, set out processing priorities for asylum seekers who arrived after 13 August last year – and that the new system applied both to asylum seekers arriving by boat, or lawfully by air.The update said a policy directive issued by the former minister of immigration and citizenship, Brendan O’Connor, effective from 1 July 2013, set out processing priorities for asylum seekers who arrived after 13 August last year – and that the new system applied both to asylum seekers arriving by boat, or lawfully by air.
“People who arrived lawfully will be given priority over those who come by boat. In addition, those who don’t co-operate with the department in establishing their identity, or provide fraudulent documents, will be given a much lower priority. People can improve the priority setting for their case by being truthful, giving the department genuine documents and making every effort to co-operate in establishing their identity, nationality and citizenship,” it said.“People who arrived lawfully will be given priority over those who come by boat. In addition, those who don’t co-operate with the department in establishing their identity, or provide fraudulent documents, will be given a much lower priority. People can improve the priority setting for their case by being truthful, giving the department genuine documents and making every effort to co-operate in establishing their identity, nationality and citizenship,” it said.
Burke also said he would consider whether it was possible to offer some asylum seekers work rights, which the Gillard government removed for post-13 August arrivals. But he said work rights would only be reintroduced if it could be done in a way that did not encourage more people to risk their lives on a people smuggler’s boat.Burke also said he would consider whether it was possible to offer some asylum seekers work rights, which the Gillard government removed for post-13 August arrivals. But he said work rights would only be reintroduced if it could be done in a way that did not encourage more people to risk their lives on a people smuggler’s boat.
“My starting point is I would always rather see people in the workforce. The only reason we haven’t gone down that path is because work rights were being specifically marketed in some parts of the world to encourage people to get on boats and put themselves at risk,” he said.“My starting point is I would always rather see people in the workforce. The only reason we haven’t gone down that path is because work rights were being specifically marketed in some parts of the world to encourage people to get on boats and put themselves at risk,” he said.
With no work rights and no assistance in setting up a household, charities are reporting that they are being swamped by the needs of the asylum seekers on top of their regular demands.With no work rights and no assistance in setting up a household, charities are reporting that they are being swamped by the needs of the asylum seekers on top of their regular demands.
But Burke said he believed it was “reasonable” that asylum seekers should receive less than an Australian citizen looking for work.But Burke said he believed it was “reasonable” that asylum seekers should receive less than an Australian citizen looking for work.
Rudd is in Indonesia on Friday for meetings with President Bambang Susilo Yudhoyono in which asylum policy will be on the agenda. With backbenchers reporting the issue is “killing” Labor in marginal electorates, some had hoped for new announcements on co-operative arrangements with Indonesia – the transit country for most boat arrivals – after the scheduled annual bilateral meeting. Rudd said this was unlikely.Rudd is in Indonesia on Friday for meetings with President Bambang Susilo Yudhoyono in which asylum policy will be on the agenda. With backbenchers reporting the issue is “killing” Labor in marginal electorates, some had hoped for new announcements on co-operative arrangements with Indonesia – the transit country for most boat arrivals – after the scheduled annual bilateral meeting. Rudd said this was unlikely.
"Don't hold your breath for some sort of bright and breezy announcement out of Jakarta … that everything's all fixed and back to normal," he told journalists before departing on his first overseas trip since resuming as prime minister."Don't hold your breath for some sort of bright and breezy announcement out of Jakarta … that everything's all fixed and back to normal," he told journalists before departing on his first overseas trip since resuming as prime minister.
"It would be completely wrong and I think disrespectful to the Indonesian president to create any expectation of any immediate change at all.""It would be completely wrong and I think disrespectful to the Indonesian president to create any expectation of any immediate change at all."
The government has sought to reframe asylum policy as something that continually changes, as a way to explain the increase in boat arrivals since changes made when Rudd was first prime minister and to argue that Tony Abbott’s intention to reintroduce John Howard’s “turn back the boats” policy would not work a second time.The government has sought to reframe asylum policy as something that continually changes, as a way to explain the increase in boat arrivals since changes made when Rudd was first prime minister and to argue that Tony Abbott’s intention to reintroduce John Howard’s “turn back the boats” policy would not work a second time.
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