Lawyers and advocates hit Coalition asylum plan

Lawyers groups and refugee advocates say the Coalition's new asylum seeker policy could be contrary to international law.

Lawyers and advocates hit Coalition asylum planLawyers and advocates hit Coalition asylum plan

Lawyers and advocates hit Coalition asylum plan

Lawyers groups and refugee advocates have criticised the Coalition's new asylum seeker policy, saying they believe it is in breach of international law and could face a High Court challenge if it was implemented.

 

If it wins the election, the Coalition says it would fast-track processing of the more than 30-thousand asylum seekers who've already reached Australia by boat, but who are yet to be processed.

 

Under the plan, if they're found to be genuine refugees they would be given Temporary Protection Visas, which would be valid for up to three years, and if they are not they would be removed from Australia.

 

Mr Abbott says a Coalition government would also return to the Howard-era administrative refugee processing system, which denied asylum seekers appeal access to the courts.

 

Michael Kenny has the details.

 

The Australian Lawyers Alliance says it believes the Coalition's policy is in breach of the United Nations Refugee Convention.

 

The alliance says the Convention makes it clear that governments should not impose penalties on asylum seekers based upon their mode of arrival, or abolish their appeal rights.

 

It believes there is a strong chance that the changes could be blocked through a High Court challenge if a Coalition government was to introduce them.

 

An alliance spokesman and refugee lawyer Greg Barns says he is particularly critical of the Coalition's plan to reintroduce Temporary Protection Visas, which were scrapped under Labor.

 

He says there were many cases under the former Howard Coalition Government where asylum seekers on TPVs were put in danger when they were returned to their homelands.

 

"There were a number of cases- in fact running into the thousands- of people sent back by Australian governments since 1999- where they have either died or been subject to torture. In particular there have been a number of Tamils who have gone back to Sri Lanka to face death. It's not emotional to say that Mr Abbott and Mr Morrison would have blood on their hands if they knowingly sent people back to positions where they would be tortured and under this policy they would do so."

 

That is a concern shared by the director of legal advocacy at the Human Rights Law Centre in Melbourne, Daniel Webb.

 

He believes the reintroduction of Temporary Protection Visas could create a lot of uncertainty and mental distress for refugees.

 

Mr Webb is also critical of Coalition plans to abolish the Refugee Review Tribunal, saying he believes that could lead to more asylum seekers being sent back to dangerous conditions.

 

"The tribunal corrects incorrect decisions and in this context, the consequence of an incorrect decision may be that we return a genuine refugee to face the very harm from which they have fled. Appeal rights are a vital safeguard against mistakes- the consequences of which- can be the difference between life and death."

 

The Coalition has argued the changes are needed to deter people smuggling and therefore could save lives by helping to prevent more asylum seekers from drowning on boat journeys to Australia.

 

Refugee advocate Jack Smit from the group, Project Safe Com, believes both sides of politics have forgotten that many asylum seekers are genuinely fleeing persecution and are left with little choice but to pay people smugglers to come to Australia.

 

He believes the Coalition should have focused instead in its policy on working more closely with regional neighbours and with the United Nations to tackle the causes of people smuggling.

 

"The Coalition is not actually interested in doing the right thing by the United Nations or by refugees. Tony Abbott as well as John Howard and Philip Ruddock have been quite adamant, quite blunt and quite open about it since 1998, that the UN in Geneva doesn't run Australia. Australia is run by Canberra and not by Geneva. That's the populist line that John Howard already peddled."

 

Another advocate, Ian Rintoul from the Refugee Action Coalition, believes asylum seekers would continue to pay people smugglers to come to Australia by boat if the Coalition's plan was implemented.

 

Mr Rintoul says he believes conflict and persecution are the fundamental reasons why asylum seekers are continuing to risk dangerous boat journeys to Australia.

 

He believes the Coalition has put human rights considerations last and voters concerned about the treatment of refugees should reflect on that when they cast their ballots on September 7.

 

"The Coalition, as we've often argued to the Labor government, are always prepared to take that one worse step and to find that one more punitive action that they can take and I think for that reason, it's very clear that anyone who is concerned about refugee rights, needs to make sure that the Liberals are put last."

 

 


Share

5 min read

Published

Updated


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world