At-a-glance: Asylum policies

6 Jul 2010, 10:52 am   -   Source: SBS
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The government will lift the ban on the handling of Sri Lankan asylum claims. (Getty)

The government will lift the ban on the handling of Sri Lankan asylum claims. (Getty)

Find out the details of Labor, the Coalition and the Greens' policies on asylum seekers.

RELATED

The PM pledged to set up a regional processing centre for asylum seekers in East Timor, while the Opposition vowed to restore offshore processing. Here are more details on their policies.

LABOR

Processing centre in East Timor

Prime Minister Julia Gillard says talks are already under way with East Timorese President Jose Ramos-Horta and New Zealand's Prime Minister John Key to establish a processing centre for asylum seekers in East Timor.

She says such a centre would ensure that asylum seekers are subject to consistent, fair assessment processes.

The plan aims to wreck the people smuggling trade by removing the incentive for boats to leave their port of origin in the first place, she added.  

The Prime Minister has also spoken to United Nations High Commissioner for Refugees, Antonio Guterres, to reiterate the Government's support for the development of a sustainable, effective regional protection framework.

Ban on Sri Lankan asylum seekers lifted

Ms Gillard says the government has decided to immediately lift the ban on the handling of Sri Lankan asylum claims.
     
The three-month ban had strongly been criticised by the United Nations.

The PM says the ban will be lifted on Thursday.

Afghan asylum seekers processing under review

Ms Gillard says she won't immediately end the halt in processing of Afghan asylum seekers but would keep that under review in coming weeks and months.

She says the government will work closely with the government of Afghanistan on a range of migration issues including implementing arrangements for the return of Afghans not found to be refugees.

So far this year more than 60 per cent of all asylum seekers arriving by boat had come from Afghanistan, the PM said.

Tougher penalties for people smugglers

If re-elected, Labor would seek to increase penalties for people smuggling, Ms Gillard said.

Maximum penalties would be increased to cover people smuggling ventures that resulted in death.

COALITION

The federal opposition says it would: 

-Restore universal offshore processing of all illegal boat arrivals, including in a third country;

-Restore Temporary Protection Visas;

-Turn back the boats where circumstances permit;

-Apply mandatory work for benefits scheme for all protection visa holders; and

-Restore the 45 day rule and oppose complementary protection

Proof of identity

The Coalition says it would establish greater objectivity in the determination of the refugee status of asylum seekers who are unable to present identity documentation.

If an asylum seeker was caught destroying or confiscating their identity documentation deliberately, there would be a presumption against awarding refugee status under Section 91W of the Migration Act, the Coalition says.

Merit panel would be abolished

Under a Coalition government the Minister for Immigration will reserve the right to directly intervene in the decision making process.

The merit review panel would be abolished. The asylum applicant would instead have the option of appealing a recommendation made by an assessor to another assessment officer. 

The applicant may appeal such decision to the Minister, but the Minister’s decision would be final.

The Coalition would also abolish Labor’s policy of providing free legal advice to applicants appealing their decision.

Priority to offshore applicants

A Coalition government would give priority to resettlement of refugees who have made offshore applications to Australia’s refugee and humanitarian visa program.

The Coalition would increase the number of resettlement places made available through the UNHCR process for off shore applications each year by 1,500 persons.

The total number of places under the Refugee and Humanitarian programme would remain at 13,750.

Mandatory detention

The Coalition would require offshore entry persons to first make an application for permanent residency to countries other than Australia, before being granted the permission to apply for a protection visa in Australia.

Asylum seekers would remain in detention until a decision has been made.

Private refugee sponsorship pilot

The Coalition would trial a refugee sponsorship program to enable groups in Australia to privately sponsor refugees.

These bonded private sponsorships would operate in a way similar to the contributory parent visa programme.

The number of places would be in addition to those established each year for the regular refugee and humanitarian program.  

THE GREENS

The Australian Greens say they would: 

-Increase the share of places for off-shore refugees and humanitarian entrants.

- Abolish mandatory and indefinite detention of asylum seekers.

-Abolish discriminatory separation of refugees into permanent and temporary visa categories based on whether or not they arrived with a valid visa.

-Abolish the 'seven day rule' legislation whereby asylum seekers cannot gain a permanent protection visa if they have spent seven days in a third country.

-Ensure asylum seekers are fully informed of their rights on arrival and given immediate access to legal assistance.

-Restore asylum seekers' legal right to challenge decisions that affect them in the courts.

Humanitarian review tribunal

The Greens would replace the current system of humanitarian visas (granted only by the Immigration Minister after rejection as a refugee) with a humanitarian visa process incorporating a humanitarian review tribunal.

-Ensure that initial assessment of refugee status is completed within 90 days.

Integration with the community

The Greens vowed to grant asylum seekers an asylum application visa (AAV) and assist without delay their move into the community provided medical and security checks are satisfied.

-Ensure asylum seekers living in the community while their claim is assessed will be granted an AAV which will entitle them to travel, work, income support and access to ongoing educational and medical services anywhere in Australia.

-Deny an AAV if security checks demonstrate the person poses a serious criminal threat to the Australian community.

Environmental refugees

The Greens pledged to ensure that Australia adopts a definition of environmental refugee in its assessment criteria and works in the UN system for inclusion of a definition in the United Nations Refugee Convention.

Families

And they vowed to ensure that no family unit is forcibly separated by the Australian assessment processes.

They would grant the families of approved asylum seekers permission to migrate to Australia for family reunions within a reasonable time, in accordance with the UNHCR humanitarian program.

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Your Comments

Luck running out for Lucky Country ...

Mike - from Woollamia, 2 years ago

Unfortunately, as is apparent in France, Britain, the Netherlands, Sweden and Denmark, many of these new migrants from Muslim countries Refuse to adopt the cultures of their chosen countries prefering instead to cling to the cultures of the countries they claim to be seeking asylum from. The same changes are occuring in Australia under the GUISE of multi culturalism. If you wish to see where that may lead us take an open eyed look at what's happenning across the waters.

Out of touch & out of control ...

Elija - from Falls Creek, 2 years ago

Under the Greens/Labour open door policy on asylum seekers we can no longer decide who can come here; we accept whoever arrives, after minimal ID and health checks. Then we help them bring others, defined by their culture and accepted by the govenment as family members, though the relationships would be considered tenuous by the norms of our culture. The Gillard government has totally lost it's way, and Australia has lost control of it's immigration policy.

A youth's view

Bebe Sea - from Hobart, 2 years ago

Michael, that is the most asinine, poorly-conceived proposal I have yet heard on this matter. I am completely 'Australian', and, like you perhaps, enjoy a BBQ, football and the beach (the 'Australian' way of life), but I also have friends of many different races and religions who live here too. It is called a rich society, mate. People like yourself, however, would have us believe that even legitimate refugees who come here for asylum are a threat to our 'culture', when I say, let them stay!

Human Rights

John - from Brisbane, 2 years ago

It's sad that the Greens seem to be the only party whose policy takes human rights into account and more than that, 'boat people' only constitute 1% of migration to Australia and of this 1%, 90% of them are legitimate refugees. 'Boat people' is such a non-issue, if it weren't for the fact that swing voters seem to be xenophobic racists, maybe the leaders could do the right thing about asylum seekers and move on to more important political issues.

The Bleeding Hearts set the rules !

Trent - from Blue Mts, NSW, 2 years ago

Personally I would like to see ALL asylum seekers sent back to their place of origin, but with the ever increasing numbers of do-gooders and bleeding hearts influencing the government of this country,I'm sure it is unlikely to happen. With this in mind, I suppose the coalition policies show some merit, whereas the PM's policies are far too soft and will never stop them. As for the Greens , I have never heard such a load of absolute garbage.! The country would be swamped with arrivals .

Mr

gianni - from Canberra, 2 years ago

We should be more compassionate and after a security check refugees should be allowed to settle in inland Australia within communities that will make use of them and/or where they could be trained also. They should be kept away from our crowded cities for their own good and they will become good citizen! We have already some example of this. Stop the propaganda against refugees flooding Australia. Their number is insignificant! Make it easier for them to settle..

East Timor Lunacy

Sid - from Seabrook, 2 years ago

This idea of using East Timor is going to be a thorn in Australia's side for a long time to come. A blatant more idiotic act of stupidity I have never seen. This idea is fraught with hazards that Australia would do well to keep clear of, I see nothing but trouble for the future if this plan is enacted. There is no issue that legitimate asylum seekers have laws and rights but most boat people that arrive here are not genuine and to just turn up and expect handouts is no basis for citizenship.

smoke and mirrors

Michael - from Rosebud, 2 years ago

Gillard s policies are just window dressing, smoke and mirrors intended to get her through to the next election. Stop the boats now and send them back. Lets have a referendum and settle this nonsense one and for all.

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