Monthly Wrap - 2 June 2020

In the media

Detention

The Public Interest Advocacy Centre lodged an official complaint with the Commonwealth Ombudsman on behalf of 13 asylum seekers, saying the conditions in Australia’s immigration detention where they are being held could lead to a "catastrophic" coronavirus outbreak among detainees. The group reported that up to five men are sharing one room and twelve men are sharing one shower and toilet.

Refugee activists occupied a hotel in Melbourne where around 60 men have been detained since they were transferred to Australia for medical treatment. The activists hung protest banners from the roof of the hotel and barricaded themselves in a hotel room. Police escorted protestors from the premises and fined them for breaching Victoria’s COVID-19 rules. On the same day, a refugee detained in the hotel attempted suicide and was taken to hospital. The protest and attempted suicide were reportedly unrelated.   

A man who was separated from his wife and son for 3 years remains in locked detention despite being less than an hour from their home. The family had been detained on Nauru when the child needed to be medically transferred to Australia. The man was refused permission to accompany them, but was subsequently transferred to Australia a year ago. He says that his son no longer recognises him.

Resettlement

The transfer of refugees and asylum seekers to the USA from Australia, PNG and Nauru resumed. Over the course of May, around 40 men were resettled under the 2016 Australia-USA refugee transfer agreement. One of the men in PNG was told he would be leaving for the USA, but received a call to say his name had been removed from the list one day before departure – reportedly for the second time in two months. 

The NZ opposition alleged political interference in the granting of a visitor visa to Behrouz Boochani. The NZ Prime Minister labelled the allegation “offensive” and refused to discuss the matter. Under NZ law it is illegal to discuss asylum applications or the existence of applications. 

Border Closures

The situation of around 500 Rohingya people stranded at sea continued to deteriorate. A small number reportedly landed in Southern Bangladesh and were then sent to a silt island. The majority remain on the high seas. The media reported that footage published online showed that those on board had lost weight and that family members have urged governments to help locate the boats and bring them to safety. It is not known how many have died on board the boats.

In Malta, boats carrying refugees and migrants were intercepted and returned to Libya using private vessels paid for by the Maltese government. Those returned were taken to a detention centre in Tripoli notorious for its mistreatment of people. Around 12 people reportedly died at sea.

Relocations

Relocations of unaccompanied minors from Greek refugee camps to other EU countries continued. The relocations are an attempt to reduce overcrowding in response to the COVID-19 pandemic.

In policy

The Australian Government reintroduced proposed legislation to expand the powers of Australian Border Force officers to seize mobile phones from people in detention if they suspect illegal or extremist activity. Similar legislation was brought to Parliament in 2017 but did not proceed to debate. Lawyers have voiced their concern about the potential for overreach.

The Australian Nation Audit Office released a report into the awarding of contracts by the Department of Home Affairs for operations at offshore detention centres. The report shows that the contracts accepted a profit margin well above the accepted range and concluded that they did not present value for money. A total of $7.1 billion was spent on offshore contracts for PNG and Nauru at a cost of around $450,000 per person per year.

The Kaldor Centre, UNSW, made a submission to the federal Parliamentary Joint Committee on Human Rights in relation to federal COVID-19 related legislation. The submission ‘urges Australia’s parliamentarians to maintain key principles of refugee protection while crafting responses to the COVID-19 pandemic. The UNHCR also made a submission to this Committee.

For more on COVID-19, see our latest explainer.

In research

The Migration Policy Practice journal (April-June 2020) published a range of articles on COVID-19 and its impacts on migration policy, focusing in part on asylum seekers and refugees. One article focuses on the indirect impacts of COVID-19 on displaced children, such as health, education, and protection and safety.

In The Centre of Gravity Series, Claire Higgens writes on Protecting Refugees and Australia’s Interests. Higgens argues that the securitised approach to asylum and refugee policy leaves Australia with little flexibility to respond to potential future refugee situations in the Asia-Pacific region. Higgins recommends that Australia expand pathways for resettlement and provide access to fair and efficient onshore asylum procedures.

In the International Journal Of Refugee Law, Tristan Harley and Harry Hobbs considered the participation of refugees in decision-making processes that affect them. The paper considers the emergent drive for refugee participation in law and policy, examines the evolution of the international legal framework, and explores options that could promote the inclusion of refugees in the design and implementation of policy.