11 May 2006
The Federal Government's introduction of legislation that will see all unauthorised boat arrivals processed off-shore is a radical, rearguard retreat from a commitment to fair and decent treatment, a Monash University Law School forum has heard.
The legislation was introduced to Parliament today by Immigration Minister Amanda Vanstone. Last week, after the government announcement the legislation would be introduced, Mr David Manne, Coordinator of the Victorian Refugee and Immigration Legal Centre, and Australian barrister and refugee advocate Mr Julian Burnside QC analysed the Immigration Minister's proposal at a forum hosted by the Law School's Castan Centre for Human Rights Law.
Mr Manne, the legal representative for the West Papuan refugees who sought asylum in Australia in January, said the proposed legislation would see a new era of extreme harshness and potential cruelty. The proposal was introduced as a result of Indonesia's fury and threats over the granting of Protection Visas to the 42 West Papuans, he said.
The government had been under extraordinary pressure from the Indonesian Government over the decision -- publicly and behind the scenes, Mr Manne said. Furthermore, the Indonesian Government had made several requests that breached human rights and international law.
"Requests included repeatedly seeking direct access to the asylum seekers while they were held in immigration detention -- despite express opposition by the asylum seekers to such access -- seeking the return of the asylum seekers to Indonesia, rejecting the substance of the asylum seekers' claims and attempting to prevent the refugees from seeking and enjoying asylum in Australia," Mr Manne said.
"This legislation will see asylum seekers receive no access to legal advice or assistance, no proper independent administrative review mechanism (only an internal review -- that is, a review of a refusal by those who have already refused the case), and no access to the Australian Courts in relation to any matters - including errors in the decision on refugee status, treatment in detention, or even habeas corpus."
Mr Burnside, a Monash Law graduate who is widely respected for his advocacy of human rights, spoke about his experience trying to represent asylum seekers on the island of Nauru, which is where the government's off-shore processing centre would most likely be located.
When Mr Burnside attempted to fly to Nauru to appear on behalf of asylum-seekers in the Supreme Court, he was denied permission to board the plane, apparently on the express instructions of the Prime Minister of Nauru. However, Australian Government lawyers were permitted to board the flight and subsequently appear in court.
For further information contact Ms Natasha Whalley, Media Communications on +61 3 9905 9201 or 0437 458 457.
| 
