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| Rudd government lays claim to asylum crackdown carried out by Gillard | Rudd government lays claim to asylum crackdown carried out by Gillard |
| (2 months later) | |
| The Rudd government has claimed ownership of a significant shift in asylum processing laws which was decided and implemented under the prime ministership of Julia Gillard. | The Rudd government has claimed ownership of a significant shift in asylum processing laws which was decided and implemented under the prime ministership of Julia Gillard. |
| The decision to process last asylum seekers who do not co-operate and cannot provide documents has been touted as a Rudd government "rethink" and as a "crackdown" by the new prime minister and his new immigration minister, Tony Burke, as they seek to reshape debate in a policy area that has been damaging for the government. | The decision to process last asylum seekers who do not co-operate and cannot provide documents has been touted as a Rudd government "rethink" and as a "crackdown" by the new prime minister and his new immigration minister, Tony Burke, as they seek to reshape debate in a policy area that has been damaging for the government. |
| But as a document highlighted by Guardian Australia last week shows, the change had already been decided, and implemented, before the change of prime ministership. | But as a document highlighted by Guardian Australia last week shows, the change had already been decided, and implemented, before the change of prime ministership. |
| A 4 July update to community groups, sent by the Department of Immigration's director of "stakeholder engagement", referred to a policy directive issued by the former minister of immigration and citizenship, Brendan O'Connor, effective from 1 July 2013, the day the new Rudd ministry was sworn in. | A 4 July update to community groups, sent by the Department of Immigration's director of "stakeholder engagement", referred to a policy directive issued by the former minister of immigration and citizenship, Brendan O'Connor, effective from 1 July 2013, the day the new Rudd ministry was sworn in. |
| The directive set out processing priorities for asylum seekers who arrived after 13 August last year. It clearly outlined what has been claimed as a new "crackdown" by the new minister. | The directive set out processing priorities for asylum seekers who arrived after 13 August last year. It clearly outlined what has been claimed as a new "crackdown" by the new minister. |
| "People who arrive 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 arrive 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 said over the weekend that "we've established a very clear principle: that if you're co-operating, if you're helping, then we'll go to your claims first." | Burke said over the weekend that "we've established a very clear principle: that if you're co-operating, if you're helping, then we'll go to your claims first." |
| "If you're not co-operating, if you're destroying documents, if you're refusing to help the government get access to new ones, then your claim will eventually be processed but it's not going to be a priority," he said. | "If you're not co-operating, if you're destroying documents, if you're refusing to help the government get access to new ones, then your claim will eventually be processed but it's not going to be a priority," he said. |
| "I want to make absolutely clear that no one would be advantaged by playing that sort of game … I'm making sure that people don't game the process." | "I want to make absolutely clear that no one would be advantaged by playing that sort of game … I'm making sure that people don't game the process." |
| The Coalition asylum spokesman, Scott Morrison, said Labor's "crackdown" was in fact a weak version of his policy, which would not just slow down processing for asylum seekers found to be unco-operative, but deny them any chance of refugee status altogether. | The Coalition asylum spokesman, Scott Morrison, said Labor's "crackdown" was in fact a weak version of his policy, which would not just slow down processing for asylum seekers found to be unco-operative, but deny them any chance of refugee status altogether. |
| "The Coalition's policy does not give the benefit of the doubt for someone's identity if they throw their documents away … Labor's policy will still give them the benefit of the doubt, it'll just put them in the queue for a little longer," he told the ABC. | "The Coalition's policy does not give the benefit of the doubt for someone's identity if they throw their documents away … Labor's policy will still give them the benefit of the doubt, it'll just put them in the queue for a little longer," he told the ABC. |
| And Morrison said the Rudd government should have refused to allow a Maltese-flagged oil tanker, Sichem Hawk, to divert to Christmas Island rather than take a group of asylum seekers it had rescued to Indonesia, after the asylum seekers threatened self harm. | And Morrison said the Rudd government should have refused to allow a Maltese-flagged oil tanker, Sichem Hawk, to divert to Christmas Island rather than take a group of asylum seekers it had rescued to Indonesia, after the asylum seekers threatened self harm. |
| The Australian Maritime Safety Authority confirmed that the Sichem Hawk had returned to Christmas Island because of threats by the 34 asylum seekers and crew, who were picked up in international waters between Java and Christmas Island. | The Australian Maritime Safety Authority confirmed that the Sichem Hawk had returned to Christmas Island because of threats by the 34 asylum seekers and crew, who were picked up in international waters between Java and Christmas Island. |
| AMSA said the decision to take the asylum seekers to Christmas Island had been made because of the threats by the asylum seekers and also because a plan to transfer the people to an Indonesian navy vessel in the Sunda Strait had to be abandoned because of bad weather. | AMSA said the decision to take the asylum seekers to Christmas Island had been made because of the threats by the asylum seekers and also because a plan to transfer the people to an Indonesian navy vessel in the Sunda Strait had to be abandoned because of bad weather. |
| Morrison told Sky News the incident was similar to the rescue by the Tampa of asylum seekers during John Howard's prime ministership. Howard refused the Norwegian vessel permission to enter Australian waters, and when it tried he dispatched the SAS to board the vessel. | Morrison told Sky News the incident was similar to the rescue by the Tampa of asylum seekers during John Howard's prime ministership. Howard refused the Norwegian vessel permission to enter Australian waters, and when it tried he dispatched the SAS to board the vessel. |
| Asked whether Rudd should have used the SAS in the incident, which occurred when the ship was in international waters and heading away from Australia, Morrison said "that's exactly what happened with the Tampa … that's what John Howard did, that was the message sent to the region." | Asked whether Rudd should have used the SAS in the incident, which occurred when the ship was in international waters and heading away from Australia, Morrison said "that's exactly what happened with the Tampa … that's what John Howard did, that was the message sent to the region." |
| The Coalition leader, Tony Abbott, also said the government should have taken a tougher line. | The Coalition leader, Tony Abbott, also said the government should have taken a tougher line. |
| "The Australian government should not be expected to take responsibility for foolish actions by non-citizens … people should not threaten acts of self harm and the Australian government should not be blackmailed," he said. | "The Australian government should not be expected to take responsibility for foolish actions by non-citizens … people should not threaten acts of self harm and the Australian government should not be blackmailed," he said. |
| But the home affairs minister, Jason Clare, said it was not the role of the government to make decisions about safety of life at sea. | But the home affairs minister, Jason Clare, said it was not the role of the government to make decisions about safety of life at sea. |
| "It is not right for the government to tell captains of ships what to do or send people in all guns blazing … these decisions are made by the captain of the ship where there is [a] safety of life at sea issue … they are made by people in uniform, they should not be made by politicians," he said. | "It is not right for the government to tell captains of ships what to do or send people in all guns blazing … these decisions are made by the captain of the ship where there is [a] safety of life at sea issue … they are made by people in uniform, they should not be made by politicians," he said. |
| Clare said that after investigations no charges or further action would be taken against the asylum seekers on the Sichem Hawk. | Clare said that after investigations no charges or further action would be taken against the asylum seekers on the Sichem Hawk. |
| The Refugee Council of Australia has pointed out that the quality of decision-making in assessing refugee applications could be a matter of life or death. "If asylum seekers are returned to their country of origin on the basis of a poor decision, they may die – and they have [in the past]," the council said. | The Refugee Council of Australia has pointed out that the quality of decision-making in assessing refugee applications could be a matter of life or death. "If asylum seekers are returned to their country of origin on the basis of a poor decision, they may die – and they have [in the past]," the council said. |
| Council vice-president Prof William Maley said asylum seekers risked a "Catch 22" situation because they were often forced to flee either with no documents or fake documents, but risked additional character testing if they presented fake documents upon arrival in Australia. | Council vice-president Prof William Maley said asylum seekers risked a "Catch 22" situation because they were often forced to flee either with no documents or fake documents, but risked additional character testing if they presented fake documents upon arrival in Australia. |
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