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Coalition would scrap independent refugee review Coalition would scrap independent refugee review
(21 days later)
A Coalition government would scrap the independent review of adverse Australian Intelligence and Security Organisation (Asio) decisions that have left more than 50 refugees indefinitely in detention, despite a finding last week from the United Nations human rights committee that the detention of 46 “Asio negative” refugees was in violation of multiple international human rights laws.A Coalition government would scrap the independent review of adverse Australian Intelligence and Security Organisation (Asio) decisions that have left more than 50 refugees indefinitely in detention, despite a finding last week from the United Nations human rights committee that the detention of 46 “Asio negative” refugees was in violation of multiple international human rights laws.
Australia’s three main parties responded to an array of questions from the Law Council of Australia on key legal issues, including if they supported an independent review of adverse Asio findings. The Coalition said that Asio security assessments must be “respected by the government of the day” and a Coalition government would “rely on these assessments absolutely”.Australia’s three main parties responded to an array of questions from the Law Council of Australia on key legal issues, including if they supported an independent review of adverse Asio findings. The Coalition said that Asio security assessments must be “respected by the government of the day” and a Coalition government would “rely on these assessments absolutely”.
“Asio rulings in relation to the security risk posed by a person in immigration detention will not be reviewable under the Coalition,” the response continued.“Asio rulings in relation to the security risk posed by a person in immigration detention will not be reviewable under the Coalition,” the response continued.
The announcement will mean scrapping a review process set up by Labor in October 2012 to examine the cases of 55 mostly Tamil refugees, deemed to be a threat by Asio. The non-statutory review, being conducted by former federal court judge Margaret Stone, has so far led to two findings being overturned and eight being upheld.The announcement will mean scrapping a review process set up by Labor in October 2012 to examine the cases of 55 mostly Tamil refugees, deemed to be a threat by Asio. The non-statutory review, being conducted by former federal court judge Margaret Stone, has so far led to two findings being overturned and eight being upheld.
The case of one of those refugees deemed “Asio negative”, a Sri Lankan mother of three named Ranjini, whose case challenging her indefinite detention has received widespread media coverage, is due to be heard in the high court next week.The case of one of those refugees deemed “Asio negative”, a Sri Lankan mother of three named Ranjini, whose case challenging her indefinite detention has received widespread media coverage, is due to be heard in the high court next week.
Last week the United Nations human rights committee concluded that the indefinite detention of “Asio negative” refugees was "cumulatively inflicting serious psychological harm" upon the cases it examined and as such was in multiple violation of international human rights law.Last week the United Nations human rights committee concluded that the indefinite detention of “Asio negative” refugees was "cumulatively inflicting serious psychological harm" upon the cases it examined and as such was in multiple violation of international human rights law.
Professor Ben Saul of the Sydney Law School, who filed the complaint to the UN in 2011, said the Coalition’s decision to abolish the non-statutory review process was “deeply disappointing”.Professor Ben Saul of the Sydney Law School, who filed the complaint to the UN in 2011, said the Coalition’s decision to abolish the non-statutory review process was “deeply disappointing”.
“I think it takes human rights and a fair hearing back to the stone age in Australia,” he said.“I think it takes human rights and a fair hearing back to the stone age in Australia,” he said.
“I think the Coalition is being particularly hostile to the United Nations monitoring of Australia’s human rights performance, [to] Australia voluntarily consenting to signing international human rights treaties and to participate in the monitoring procedure so democracies are expected to abide by their commitments under international human rights treaties.”“I think the Coalition is being particularly hostile to the United Nations monitoring of Australia’s human rights performance, [to] Australia voluntarily consenting to signing international human rights treaties and to participate in the monitoring procedure so democracies are expected to abide by their commitments under international human rights treaties.”
In responding to the same question from the Law Council of Australia both Labor and the Greens said they were committed to keeping the independent Stone review in existence.In responding to the same question from the Law Council of Australia both Labor and the Greens said they were committed to keeping the independent Stone review in existence.
The news follows an announcement by the Coalition that it plans to reduce Australia’s humanitarian refugee intake from 20,000 to 13,750 places a year. The detail came as part of the Coalition’s cuts plan announced by the shadow treasurer, Joe Hockey. The Coalition says reducing Australia’s humanitarian intake by 6,250 people a year will save $1.3bn over four years.The news follows an announcement by the Coalition that it plans to reduce Australia’s humanitarian refugee intake from 20,000 to 13,750 places a year. The detail came as part of the Coalition’s cuts plan announced by the shadow treasurer, Joe Hockey. The Coalition says reducing Australia’s humanitarian intake by 6,250 people a year will save $1.3bn over four years.
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