Tamils no longer presumed to be refugees

6 Jul 2010, 9:02 am   -   Source: AAP
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The UN High Commissioner for Refugees says all claims by Sri Lankan asylum seekers should be considered

The UN High Commissioner for Refugees says all claims by Sri Lankan asylum seekers should be considered "on the basis of their individual merits". (File Getty)

The UN says Tamils from Sri Lanka should no longer automatically be granted refugee status due to the "greatly improved situation" in their homeland.

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The United Nations refugee agency says Tamils from Sri Lanka should no longer automatically be granted refugee status due to the "greatly improved situation" in their homeland.

But the United Nations High Commissioner for Refugees (UNHCR) says the situation is still evolving and all claims by Sri Lankan asylum seekers should be considered "on the basis of their individual merits".

The Australian government suspended the processing of Sri Lankan asylum claims in April. It argued the move was justified by improving circumstances in the country.

Canberra's processing freeze is due to expire on Thursday.

The UNHCR's latest eligibility guidelines for Sri Lanka, released overnight, state Tamils "are no longer in need of international protection under broader refugee criteria or complementary forms of protection solely on the basis of risk of indiscriminate harm".

"In light of the improved human rights and security situation in Sri Lanka, there is no longer a need for group-based protection mechanisms or for a presumption of eligibility for Sri Lankans of Tamil ethnicity originating from the north of the country," the guidelines state.

But the UNHCR notes that following the end of the armed conflict the situation in Sri Lanka "is still evolving".

Certain people are still at risk of persecution.

People with links to the Tamil Tigers, some journalists, homosexuals and certain women and children still face real danger.

"Despite the end of hostilities, there are still reportedly incidents of sexual and gender-based violence against women and girls in former conflict areas," the UNHCR states.

United States-based Human Rights Watch on Tuesday called on the Gillard government to immediately resume processing asylum claims.

Asian region advocacy director Sophie Richardson says while the armed conflict has ended "that shouldn't automatically be equated with an improved situation for vulnerable groups".

"But that's not really the point," she told ABC Radio.

"International law says anyone who has a well-founded fear of persecution is entitled to a hearing to determine whether they're eligible for asylum or refugee status."

Dr Richardson said the federal government should "resume processing claims".

"It still gives them plenty of room to reject their (Tamils') claims if they don't have merit."

Local Tamil spokeswoman Sara Nathan argues people being held in immigration detention are now terrified they'll be sent home.

"They are already stressed because just the mere thought of them being deported to Sri Lanka gives them nightmares," she told ABC Radio.

"There are guys who tell me they haven't slept for days.

"They are taking sleeping pills to try and sleep but they're not able to because some of these people have been through torture themselves."

Prime Minister Julia Gillard is expected to release a tougher policy on asylum seekers as early as Tuesday. Cabinet will also determine whether to resume processing Sri Lankan claims for refugee status.

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