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Kevin Rudd warned over 'questionable' legality of immediate deportations Kevin Rudd warned over 'questionable' legality of immediate deportations
(2 months later)
The Rudd government is considering extending a system of immediate deportation for so-called "economic refugees" as part of its pre-election overhaul of asylum policy – a move a leading human rights lawyer has warned would be highly legally questionable.The Rudd government is considering extending a system of immediate deportation for so-called "economic refugees" as part of its pre-election overhaul of asylum policy – a move a leading human rights lawyer has warned would be highly legally questionable.
As the number of asylum seekers arriving by boat continues to rise, Kevin Rudd has promised a three-pronged crackdown, including tougher domestic processing rules, new arrangements with regional neighbours, in particular Papua New Guinea, and a new “activist” role in modernising the 1951 UN refugee convention.As the number of asylum seekers arriving by boat continues to rise, Kevin Rudd has promised a three-pronged crackdown, including tougher domestic processing rules, new arrangements with regional neighbours, in particular Papua New Guinea, and a new “activist” role in modernising the 1951 UN refugee convention.
In what is expected to be his final big repositioning announcement before the election, the prime minister is desperate to put forward a policy to stop the constant flow of asylum seekers’ boats towards Australia, diminish the risk of more deaths at sea and stem the enormous electoral damage Labor is suffering on this issue.In what is expected to be his final big repositioning announcement before the election, the prime minister is desperate to put forward a policy to stop the constant flow of asylum seekers’ boats towards Australia, diminish the risk of more deaths at sea and stem the enormous electoral damage Labor is suffering on this issue.
One option would be to extend “enhanced screening” to people of those nationalities making up a spike in arrivals, including Iranians, who comprise around one-third of recent boat arrivals. The government has already used “enhanced screening” to send more than 1,000 Sri Lankan asylum seekers straight home, just days after they arrived on boats, on the basis that their claims did not trigger Australia’s refugee protection obligations.One option would be to extend “enhanced screening” to people of those nationalities making up a spike in arrivals, including Iranians, who comprise around one-third of recent boat arrivals. The government has already used “enhanced screening” to send more than 1,000 Sri Lankan asylum seekers straight home, just days after they arrived on boats, on the basis that their claims did not trigger Australia’s refugee protection obligations.
Australia does not have an agreement to return people to Iran, as it does with Sri Lanka, but the government has had talks with Tehran and with the UN high commissioner for refugees about the possibility of returns. It is also possible those whose claims are screened out as invalid could be sent to Papua New Guinea for full processing. Rudd made a lightning visit to PNG on Monday with the immigration minister, Tony Burke.Australia does not have an agreement to return people to Iran, as it does with Sri Lanka, but the government has had talks with Tehran and with the UN high commissioner for refugees about the possibility of returns. It is also possible those whose claims are screened out as invalid could be sent to Papua New Guinea for full processing. Rudd made a lightning visit to PNG on Monday with the immigration minister, Tony Burke.
But the executive director of the Refugee and Immigration Legal Centre, David Manne, who took the case that thwarted former prime minister Julia Gillard’s so-called “Malaysia Solution” in 2011, said “enhanced screening” raised legal questions.But the executive director of the Refugee and Immigration Legal Centre, David Manne, who took the case that thwarted former prime minister Julia Gillard’s so-called “Malaysia Solution” in 2011, said “enhanced screening” raised legal questions.
“The legal status of enhanced processing remains highly questionable because of the apparent denial of due process for many people who may well be seeking asylum,” Manne told Guardian Australia.“The legal status of enhanced processing remains highly questionable because of the apparent denial of due process for many people who may well be seeking asylum,” Manne told Guardian Australia.
A case that touches on the practice is currently before the courts, and asked whether the process itself could be subject to further legal challenge, Manne said he “couldn’t rule it out”.A case that touches on the practice is currently before the courts, and asked whether the process itself could be subject to further legal challenge, Manne said he “couldn’t rule it out”.
The foreign minister, Bob Carr, said recently of the recent spike in arrivals from Iran: “The fact is, these people are middle-class Iranians. They're leaving their country because of the economic pressures.”The foreign minister, Bob Carr, said recently of the recent spike in arrivals from Iran: “The fact is, these people are middle-class Iranians. They're leaving their country because of the economic pressures.”
This year 15,610 asylum seekers have arrived in Australia, including 5,541 from Iran.This year 15,610 asylum seekers have arrived in Australia, including 5,541 from Iran.
The government is also understood to be looking at the option of restricting the rights of asylum seekers to appeal against rejection of their claims.The government is also understood to be looking at the option of restricting the rights of asylum seekers to appeal against rejection of their claims.
The Coalition immigration spokesman, Scott Morrison, told the ABC’s 7.30 report on Thursday night that withdrawing from the UN refugee convention was “an option” that the opposition was leaving open. But he said it would take a year for withdrawal to come into effect and faster solutions were needed.The Coalition immigration spokesman, Scott Morrison, told the ABC’s 7.30 report on Thursday night that withdrawing from the UN refugee convention was “an option” that the opposition was leaving open. But he said it would take a year for withdrawal to come into effect and faster solutions were needed.
The Coalition leader, Tony Abbott, says Rudd himself is to blame for what he calls Australia’s “border protection crisis” because, after he was elected in 2007, he wound back policies put in place by the former Howard government.The Coalition leader, Tony Abbott, says Rudd himself is to blame for what he calls Australia’s “border protection crisis” because, after he was elected in 2007, he wound back policies put in place by the former Howard government.
And on Thursday he dismissed Rudd’s pitch for a modernised convention and said the Coalition’s policy would ensure Australia was not seen as “a lifeboat for the world”.And on Thursday he dismissed Rudd’s pitch for a modernised convention and said the Coalition’s policy would ensure Australia was not seen as “a lifeboat for the world”.
“I say to Mr Rudd: stop making excuses, stop trying to say this is the world's problem. It's not. It's our problem and we need to take the appropriate action in this country, by this country, for this country to stop the boats and we need to do it now," Abbott said.“I say to Mr Rudd: stop making excuses, stop trying to say this is the world's problem. It's not. It's our problem and we need to take the appropriate action in this country, by this country, for this country to stop the boats and we need to do it now," Abbott said.
"It's the things that we do here in Australia as Australians that matter. We should get cracking on doing what we need to in this country and on our orders to fix this problem. Not raise yet another red herring, which is Mr Rudd leading some kind of an international crusade to change an international rule.”"It's the things that we do here in Australia as Australians that matter. We should get cracking on doing what we need to in this country and on our orders to fix this problem. Not raise yet another red herring, which is Mr Rudd leading some kind of an international crusade to change an international rule.”
Burke said Abbott's comments were ridiculous.Burke said Abbott's comments were ridiculous.
"Mr Abbott is perhaps the first person in the world to not believe refugees are an international issue,'' he said in a statement."Mr Abbott is perhaps the first person in the world to not believe refugees are an international issue,'' he said in a statement.
“By the very definition, refugees and asylum seekers are an international issue. We have a significant problem in our region and we need a comprehensive regional approach to deal with it.”“By the very definition, refugees and asylum seekers are an international issue. We have a significant problem in our region and we need a comprehensive regional approach to deal with it.”
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