Monthly Wrap - 5 April 2021

In the media

In Court

A government lawyer told a court that the Immigration Minister could consider deporting recognised refugees ‘in an appropriate case’ regardless of the harm they could face on return. Such action would breach non-refoulement; customary law whereby nations cannot return recognised refugees to potential persecution, degrading treatment or death.

The High Court ruled that the cancellation of an Afghan refugee’s protection visa was invalid because the notice served on him did not specify the exact date by which a challenge would need to be lodged. A Federal Court judge expressed concern that detainee requests to be returned to PNG and Nauru are seemingly ignored until a case is brought before the court. 

In Detention

The Department of Home Affairs and its subcontractor International Health and Medical Services, were charged with breaching workplace safety laws in relation to a suicide in Villawood Detention Centre in 2019. Meanwhile the family known as the Biloela family passed three years in detention, and three men detained in Brisbane required medical assistance after incidents including an attempted suicide and an apparent altercation. Senator Lambie backtracked on her threat to reveal the deal she made with the Government to secure her vote for the repeal of the so-called Medevac legislation in 2019.

Offshore

China called on Australia to shut down its offshore detention program and refugees in PNG tested positive for COVID-19.

International

While the conflict in Syria passed a 10-year milestone, Denmark removed the residence rights of 94 Syrian refugees on the basis that their home city of Damascus is now safe. The UK was condemned for exploring the adoption of Australia’s offshore detention regime, and a group of residents in Kent revealed a covert operation to rescue people who attempt to get to England by boat. In Greece, a father who faces imprisonment for endangering his son’s life at sea, explained why he attempted the sea crossing. In Asia, Rohingya refugees were killed when a fire engulfed a camp in Cox’s Bazaar. In Africa, the UNHCR was taken by surprise when Kenya announced that Dadaab and Kakuma refugee camps will be closed. The UNHCR inspected refugee camps in Ethiopia’s Tigray region that were recently destroyed, and the World Food Program launched a financial appeal for refugees in East Africa whose rations were cut.

In policy

Australia’s new Home Affairs Minister, Karen Andrews, was urged to take immediate action to resolve the protracted uncertainty experienced by people seeking asylum. Labor accused the former Attorney General, Christian Porter, of having misrepresented legal advice he had received about the risks posed by the so-called Medevac legislation.

Charities saw a significant rise in the prevalence of asylum seekers who have lost access to Medicare due to administrative problems around the renewal of their bridging visas. This has caused people to lose access to cancer treatment, psychological treatment and to being told that they are ineligible for free COVID-19 tests.

A new legal clinic was launched to provide citizenship advice to families whose children were born in Australia to parents who are stateless, and the media was criticised for repeating government claims that Operation Sovereign Borders had stopped the boats, when data shows that boat traffic had significantly decreased prior to the program’s commencement.

In research

A new paper explores the relationship between refugee experiences of time and their decisions to attempt onward migration, despite the physical dangers and legal barriers that states implement to block their arrival.

New releases

Where the Water Ends by Zoe Holman – a new book on the experiences of people seeking asylum in Europe.

No Friends but the Mountains: A Symphonic Song Cycle – an orchestral adaptation of Behrouz Boochani’s book, by Australian composer Luke Styles.