Crossing Borders
14 March 2013
Module 1: The Journey of a Refugee, Settings & Stakeholders Dr Karl on spelling Kruszelnicki: “It’s a different world that we grow up in now. At the school they go to, kids come from anywhere. They don’t care. They’re very understanding of other kids and if I 1 want to teach them anything, it’s just to be understanding and tolerant and kind.”
Who can resist the ineffable charms of Dr. Karl Kruszelnicki? If it isn’t his gift for making science seem both beautiful and funny, then surely it’s his loud ecclectic shirt collection that colours our childhood m emories of learning elementary science. We can only hope to channel the great Dr. Karl in our ambitious attempt to serve up a series of m odules that will offer access into one of the greatest social quandaries of this country and of our time. So let’s start simply: Immigration into Australia is divided into two streams. The first is the Migration Program, for people who choose to leave their country in order to seek for a 2 better life. The second is the Humanitarian Program, under which Australia 2 accepts refugees.
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Refugee. Any person owing to well-‐founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is
outside the country of his/her nationality and is unable or, owing to such fear, is 16 unwilling to avail himself/herself of the protection of that country…”
1951 UN Refugee Convention
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“Vivamus porta est sed est.”
In 2012-‐13, the Department of Immigration plans to offer 190 000 places for the Migration Program and for the Humanitarian Program, 13 750 places, which is 6.75% of the 3 total intake. How does less than 7% of our immigration provoke such an eruption of fear and hostility? It comes down to a deep confusion about who refugees actually are.
Some onshore arrivals may not have any legal documents to enter Australia due to the often volatile 7 circumstances of their departure. It is sometimes far too dangerous for a refugee to apply for passports and 7 visas. Under Australian law, these people classified as ‘unlawful non-‐ citizens’ because they do not meet 7 the legal requirements for entry.
The Humanitarian Program is split into “Offshore” and “Onshore” arrivals. Offshore arrivals are refugees determined and referred by the UNHCR to be resettled in 4 Australia from intermediate states. Onshore arrivals are people who arrive in A ustralia and then wish to 5 apply for a Protection Visa. Many enter Australia as students or visitors, but sometimes onshore arrivals enter 6 without legal authorisation.
Thus, we hear the term “illegal immigrants” bandied about our social discourse often. It is used insidiously to taint these claims for asylum as suspicious and illegitimate. However, under the 1951 UN Refugee Convention, seeking for asylum without a valid visa in Australia is unequivocally legal and within the 7 rights of any asylum seeker. Indeed, between 70-‐90% of asylum seekers who arrive in A ustralia are found to 7 be genuine refugees. It is also a popular practice to label asylum seekers as “queue jumpers”, appealing to an all-‐too-‐familiar rage and indignance we feel at the supermarket, when the clear order of things is arrogantly affronted. This label serves to demonise asylum seekers. But its justification is really only the result of a policy quirk in Australian immigration law.
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Lorem Ipsum Figure 1: Distribution of 2010-‐2011 Humanitarian Program.15
Australia caps the number of places offered through the Humanitarian Program, dividing grants for 8 Protections Visas into two streams.
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The first for “Offshore Arrival Refugees” and the second stream for both “Offshore A rrivals – SHP” and 8 “Onshore Arrivals”. This m eans that for every one place offered to an onshore arrival, one place is deducted from the Special Humanitarian 8 Program (SHP). Australia is the only country in the world with such a 8 policy. How are these grants divided and who does Australia answer to? The onshore intake is designed to fulfil 8 UNHCR obligations. The offshore intake is a voluntary commitment to share the international and regional 8 responsibility for refugee protection. This policy creates the myth and tension that there is a “queue” and a “proper channel” that onshore asylum seekers are evading and exploiting, at the expense of legitimate resettlements for offshore asylum seekers. A ctually, this is a completely bureaucratic and governmental construct that does not reflect the moral deserving of an 8 asylum seeker.
“Vivamus porta est sed est.”
The Application The application for a Protection Visa is done in two main stages. The first is the primary stage, m ade by the Department of Immigration and 9 Citizenship (DIAC). Applications may be lodged as a group or individual, but a group application is considered individually. This m eans a family may apply together, but it is possible for one or several members to be 9 rejected.
Figure 2: Applying for a Protection Visa.9
If applications are not approved at this round, they are taken to the review stage, which is overseen by the Refugee Review Tribunal, an independent Commonwealth 9 statutory body. At this stage, if it is 9 rejected, they will be asked to leave. Or their case will reviewed by the Minister for Immigration (Chris Bowen) or a Judicial Review will be 9 undertaken. This review is where the Federal Court assesses whether the 9 government process has been just. If questionable practices are found, the case can be returned to the RRT for 9 review. At all stages, once refugee status is approved, health, security and character checks are performed before a referral for a permanent 9 visa. All this takes time, so where are all the asylum seekers in the meantime? All asylum seekers are subject to mandatory detention as soon as they 10 arrive to Australia. Some are placed in detentions centres around Australia and offshore 10 (eg. Christmas Island). Others may be detained within the community, under visas that offer them no rights to work, to healthcare or to 11 centrelink.
For Irregular Maritime Arrivals (IMAs), people who arrive on boat without a visa, Australia has adopted a ‘No Advantage Policy’ from 13 Aug 12 2012. The ‘No Advantage Policy’ is as follows: • Regional Processing – can be transferred to a regional processing country (PNG or Nauru), where they are subject 12 to that country’s laws • Not eligible to apply to sponsor family through the Special 12 Humanitarian Program • Applications not processed any faster than if they were from refugee camps overseas (waiting 12 to be resettled) *** On what he values the most, Dr Karl is sure -‐ “Not being dead, health and happiness and being a father and 13 husband.” We nod and we agree at how this sentiment strikes a cord with our innermost dreams to live in a society that champions the dignity of the human spirit. Our international and governmental bodies have all sorts of classifications for people, but how universal and timeless this human longing seems. To conclude, we leave you with Dr Karl’s word on fashion: “…sandals with socks…because you have the 14 protection, and you don’t sweat.”
The Global Picture Exploring Origins
Figure 3: Main source countries of refugees.17
Key facts § § §
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The UNHCR estimates that by the end of 2011, there 17 were 42.5 million forcibly displaced people globally In 2011, the greatest number of refugees – one in four 17 of the world’s refugees – originated from Afghanistan Pakistan claimed the title of country to host the greatest number of refugees in terms of gross numbers 17 and in relation to economic capacity 46% of refugees and 34% of asylum seekers were 17 children under 18 years If you’re wondering where Australia fits in, we’ve done the math for you. Hosting 23,434 refugees, Australia th had a comparative ranking of 46 as a refugee hosting 17, 18 nation at the end of 2011
Figure 4: Major source countries of refugees.17
Figure 6: Major source countries of refugees.17
(continued) Figure 5: Major refugee-‐hosting countries.17
Data from the UNHCR demonstrates that the ‘major refugee-‐generating regions hosted on average between 75 and 93 per cent of refugees from within the same region’. Conclusion? The majority of refugees remain within their 17 region of origin.
As of 01.04.11, there were 147 state parties to either or both the 1951 Convention or 1967 Protocol Relating to the Status of Refugees20
Neither Malaysia nor Indonesia are signatories of the Refugee 21 Convention
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Figure 7: States party to the UN Convention Relating to the Status of Refugees Parties to only the 1951 Convention
Parties to only the 1967 Convention
Parties to both
‘Boat people’. Despite the ubiquitousness of the phrase in political debate, boat people applied as a generalization to refugees is a m isnomer. History testifies that the majority of asylum seekers arrived in Australia via air. Whilst the proportion of refugees arriving by boat has increased in recent years, this figure is still far 22 below half the total number of asylum applicants. According to the Refugee Council of Australia, of the 11491 asylum applications Australia received in 23 2010-‐2011, 5175 were filed by asylum seekers who had arrived by boat. Moreover, refugees arriving by boat are more likely to have their refugee 22 claims recognized as valid. Between 70-‐90% have been recognized as refugees, in contrast to 40-‐50% of asylum seekers arriving with a temporary 24 visa in the form of a tourist, student or temporary work visa ; a fact which has given Dr Khalid Koser, Lowy Institute for International Policy, cause to surmise 22 that ‘arguably Australia is worrying about the wrong asylum seekers’. Figure 8: Detention centres in the Asia-‐Pacific region.
The people smugglers. ‘Absolute scum of the earth’ or ‘Oskar Schindler of Asia’?
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Views on people smuggling range from a business m odel m otivated by profits and encouraged by weak legislation that needs to b e quashed; to a humanitarian service that is the only m eans of escape available to refugees; to an industry which is allowed to flourish owing to the Australian government criminalizing the act of seeking asylum. Exploitation of refugees and asylum seekers at the hands of people smugglers is well publicized with victims enduring horrific, overcrowded conditions on unsafe vessels and paying excessive costs, lured by the false promise of safe refuge. Furthermore, m any argue that the brief contract between smuggler and refugee is often extended by the former post-‐arrival, with reports of asylum 27 seekers being forced to work illegally to repay transportation debts. Nonetheless, it is also true that not every people smuggler is the mastermind engineering the scheme. The Deputy Commissioner for Operations of the Australia Federal Police confirmed that of the 493 persons indicted for people smuggling in Australia during 2009-‐ 21 2011, 483 were crew members on boats leaving Indonesian ports. Advocacy groups such as the Asylum Seeker Resource Centre argue that rather than direct all efforts towards disciplining people smugglers, a more effective solution would be to provide alternative pathways for refugees to seek asylum in countries which are signatories to the Refugee Convention – pathways which are not so ineffective and inaccessible as to drive refugees to board boats 21 out of desperation.
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Have a love for grammar that you’d like to impart? Think you’d be interested in teaching English to refugees in either a one-‐
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on-‐one or class setting? If so, email crossingbordersvictoria@gmail.com for more information on you can be involved in this fantastic program being established by CB & AMES § §
Get involved in the ASRC’s Right to Work campaign http://righttowork.com.au/take-‐action/
Attend screenings of Between the Devil & The Deep Blue Sea on 16/03 at Immigration Museum/Carlton http://deepblueseafilm.com/national-‐tour/ §
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For volunteering opportunities, check out ASRC and RISE Refugees
Discuss politics at the Monash Refugee Action Collective’s discussion group, People not problems: What is the human alternative to the Labor/Liberal consensus on refugees?’, on 14/03 at 1-‐2pm at Wholefoods, Monash University, Clayton.
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…and of course keep your eyes peeled for details of our next workshop History of asylum seeker policy in Australia to be held in April!
For your reading pleasure! §
For updates on the asylum seeker debate, keep tabs on the Latest News section of the Refugee Council of Australia’s website, The Conversation & The Human Rights Law Centre
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http://www.unhcr.org/4fd6f87f9.html Trendy factsheet with 2011 statistics depicted through maps & graphs
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http://c15119308.r8.cf2.rackcdn.com/infographic-‐global-‐refugee-‐populations-‐1975-‐2010/index.html Interactive infographic from The Conversation
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http://theconversation.edu.au/six-‐issues-‐missing-‐from-‐the-‐asylum-‐seeker-‐debate-‐7947 Six issues missing from the asylum seeker debate
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http://parlinfo.aph.gov.au/parlInfo/download/library/prspub/HGNW6/upload_binary/HGNW6.pdf;fileType=application %2Fpdf Asylum seekers and refugees: what are the facts?
Test Your Knowledge §
http://www.sbs.com.au/goback/quiz Got a few moments to spare? Attempt these 11 questions exploring key facts and common misconceptions. (If you haven’t seen the SBS documentary, Go back to where you came from, add it to the list – this series is a m ust-‐see!)
References 1. ABC. Enough Rope [homepage on the Internet]. AUS: ABC; [updated 2004 Aug 9; cited 2013 Mar 4]. Available from: http://www.abc.net.au/tv/enoughrope/transcripts/s1172878.htm 2. Department of Immigration and Citizenship. Fact Sheet 60 – Australia’s Refugee and Humanitarian Program [homepage on the Internet]. Canberra: Commonwealth of Australia; [updated 2011 Nov, cited 2013 Mar 4]. Available from: http://www.immi.gov.au/media/fact-‐ sheets/60refugee.htm 3. Department of Immigration and Citizenship. Fact Sheet 20 – Migration Program Planning Levels [homepage on the Internet]. Canberra: Commonwealth of Australia; [updated 2012 M ay, cited 2013 Mar 4]. Available from: http://www.immi.gov.au/media/fact-‐sheets/20planning.htm 4. Department of Immigration and Citizenship. Refugee and Humanitarian Entry to Australia [homepage on the Internet]. Canberra: Commonwealth of Australia; [updated 2012, cited 2013 Mar 4]. 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