Monthly Wrap - November 2021

In the media

Detention

A growing COVID-19 outbreak in a Melbourne detention hotel sparked renewed calls for the release of refugees from immigration detention. A court ordered that a man, who became mute after a 2015 suicide attempt in detention, be moved into community detention or transferred to Nauru. An Iraqi man demanded an explanation for his continued detention, nine years after he arrived in Australia.

Afghanistan

As evacuated Afghans started adjusting to Australian life, an Afghan refugee continues to be separated from his wife and children because their boat arrived after the 19 July 2013 asylum policy change. SBS published a feature on Professor Al Muderis’ work to enable disabled Afghan ex-military personnel to walk again.

International

Poland passed legislation authorising asylum seekers to be turned back at the border, raising concerns for those stranded as winter approaches. The UK Government sought to protect their Border Force from liability in the event that any deaths occur while implementing its pushback policy. In the past eight months around 15,000 Chin people (from Myanmar) have sought refuge in India. The UNDP created a trust fund to send money directly to people in need in Afghanistan, bypassing the Taliban. The initiative aims to stimulate the local economy.

In policy

The Home Affairs 2020-21 Annual Report confirmed an increase in self harm in detention, four deaths in detention and four escapes. The full report is available here. Australia announced a long-term offshore processing deal with Nauru and terminated its responsibility for remaining asylum seekers and refugees in PNG. This prompted calls for New Zealand to negotiate directly with PNG on their refugee resettlement offer. October marked 20 years since the SIEV X sunk, killing 353 people.

In research

A resource was published to help teachers to better assist students who have experienced trauma and disrupted education due to a refugee experience.

Monthly Wrap - October 2021

In the media

Detention

COVID-19 returned to immigration detention with positive cases among detention staff in Sydney and Melbourne.

Court

The former Home Affairs Minister, Peter Dutton, amended his defamation claim against a refugee advocate to include aggravated damages.

Afghanistan

Afghan evacuees, including unaccompanied minors, completed their hotel quarantine. Meanwhile a coalition of 300 organisations called for a special humanitarian intake prioritisation of family reunion for Afghans. Afghan asylum seekers already in Australia were warned they may be returned and interpreters that Australia left behind sought protection elsewhere.

Community

Three members of the Murugappan family were granted 12-month bridging visas as Australian Story broadcast a feature on their experience of detention.

International

Reports emerged of war crimes committed by Eritrean soldiers and Tigrayan militias, who raped, detained and killed Eritrean refugees. The UNHCR published a report on their top 10 most underfunded crises in 2021. A British Home Office report acknowledged there is little evidence that their proposed turnback and removal policy for boat arrivals will reduce crossings, and could motivate people to attempt more dangerous alternatives. Australia’s experience of the policy was discussed in the media and analysed at a UK parliamentary committee hearing attended by Australia’s High Commissioner. America committed to an annual refugee intake of 125,000 people next year as Canada announced it will accept 40,000 Afghan refugees. Meanwhile European countries were condemned for adopting more restrictive policies towards asylum seekers and the plight of those crossing the Mediterranean was explored by ABC’s Foreign Correspondent. A Rohingya man who monitored atrocities committed against his people was killed in a refugee camp in Bangladesh.

In policy

A fact check of the Immigration Minister’s claim that Australia is among the world's "most generous humanitarian resettlers" found the claim was misleading. An analysis of the AJL20 Habeas Corpus case detailed the paradox that detention for the purpose of removal continues to be lawful even when removal is not being actively pursued. A policy paper outlined permanent residency pathways for refugees on temporary protection visas that could ameliorate current labour shortages in Australia.

In research

COVID-related uncertainty was found to have a particularly distressing impact on asylum seekers who have experienced protracted uncertainty due to their temporary visa status.

Monthly Wrap - September 2021

In the media

Afghanistan

The Australian Defence Force participated in the evacuation of people from Afghanistan, but the government rejected calls to grant permanent residency to Afghan refugees already in Australia and launched a social media campaign warning Aghans not to attempt entry by boat. Australian civilians collaborated to evacuate female Afghan athletes and their families and the Mount Isa community called for Afghan refugees to be resettled there to assist with persistent workforce shortages. A court ordered the Immigration Minister into mediation with an Afghan man who argued that his continued detention has prevented him from being able to get his family to safety. He has since pleaded with the Government to allow him to return to Afghanistan to evacuate his family. A Hazara refugee risks deportation after the Afghan ID document that he was required to submit for his Australian citizenship application could not be verified. Afghan refugees stranded in Indonesia rallied for countries, including Australia, to resettle them.

In detention

A number of refugees were moved from locked detention to community detention. This includes 33 in Brisbane and Melbourne, and the last family who were detained in Darwin. A security guard at the Melbourne Immigration Transit Accommodation centre tested positive for COVID-19. The government refused to release information about vaccinations to people and staff in immigration detention and ignored a UN Human Rights Committee plea for the release of a refugee who has serious health complications after a hunger strike that has since been abandoned. Two refugees who were teenagers when they were sent to offshore detention launched proceedings against the government.

In the community

The High Court refused to hear an appeal brought by the Murugappan family that sought to overturn a ruling that their youngest child’s visa application was invalid. The Tamil community mourned the death by suicide of a Melbourne refugee who feared deportation to Sri Lanka.

International

The humanitarian situation in Ethiopia’s north deteriorated and the conflict expanded into the Amhara and Afar regions. In anticipation of an increase in Afghan refugees, EU member states considered activating resettlement mechanisms. Turkey and Greece constructed border walls. The UK launched ‘Operation Warm Welcome’ for evacuated Afghans, a contrast to the poverty faced by asylum seekers already in the UK.

In policy

The UNSW Kaldor Centre proposed a strategy for how the evacuation of Afghan refugees can continue into the medium term and published an explainer on the terminology surrounding the situation. Twenty years after the so-called Tampa affair, media outlets revisited the event and its ramifications today. Australian Story commemorated the 40th anniversary of a rescue at-sea of 99 Vietnamese refugees. The UNSW Kaldor Centre published a policy brief on offshore processing.

In research

A small study in Sydney found that refugees have a high level of trust of government and the police. The UNSW Kaldor Centre launched their 2021 Annual Conference program, which will focus on climate induced displacement. The Refugee Council of Australia published recordings of their 2021 Refugee Alternatives Conference.

New releases

After the Tampa by Abbas Nazari, published by Allen & Unwin

The Walk, a journey from the Syrian border to the UK by a 3.5-metre-tall puppet

Monthly Wrap - 4 August 2021

In the media

In Detention

With COVID outbreaks in New South Wales, Victoria and South Australia, concerns were raised again about the risk posed to people in immigration detention through overcrowding and lack of access to personal protective equipment and sanitiser. Lawyers for a Tamil man detained onshore for 11 years and undergoing chemotherapy treatment called on the government to grant him a permanent protection visa.

Moreland City Council in Melbourne investigated options to close down hotel detention facilities in their municipality, as the events surrounding the sudden closure of a detention hotel in Brisbane were detailed. The Brisbane-based company Canstruct secured another uncontested contract extension for operations in Nauru, which equates to $3.2 million per person per year for those who remain there. Some of the men now detained onshore resumed a hunger strike to draw attention to their situation.

In Court

The family of Reza Berati, who was killed in the Manus Island detention centre in 2014, launched civil proceedings against the Australian government and security firm G4S over his death. A refugee transferred to Australia under the ‘medevac legislation’ and subsequently detained in hotels for almost 15 months sued the government for unlawful detention.

International

The deteriorating security situation in Afghanistan triggered a surge in border crossings, with many Afghans fleeing the country on foot to neighbouring Tajikistan. The UK proposed legislation to overhaul the asylum system, including criminalising the unauthorised arrival of people and authorising the relocation of asylum seekers offshore. A funding shortfall forced the World Food Program to reduce food aid to Syrian refugees in Jordan. A pilot program launched in the Netherlands that uses algorithms to match newly arrived refugees with locals for friendship and social supports. The program is evaluating the role of local social networks in people’s settlement outcomes.

In policy

19 July marked eight years since the policy to send asylum seekers offshore with no Australian settlement prospects was adopted. Hundreds of men remain stranded in Nauru and PNG. The UN Special Rapporteur on the Human Rights of Migrants criticised Australia’s policy of boat push-backs for causing more deaths than it saves. The Australian government was urged to implement a special evacuation of Afghanistan’s Hazara community, as occurred for Syrian refugees.

In research

Registrations are open for the Peter McMullin Centre’s 2022 Statelessness Intensive Course, to be offered online in February 2022.

New releases

Still Lives, published by Meanjin.

Smuggled: an illegal history of journeys to Australia, published by NewSouth.

Monthly Wrap - 7 July 2021

In the media

In Detention

Fourteen men who were medically evacuated to Australia two years ago and who remain in onshore detention stopped eating for more than two weeks to protest their continuing detention. A number of the men required hospitalisation. The Immigration Minister used his discretionary powers to transfer the Murugappan family into the community in Perth where the youngest daughter, Tharnicaa, requires ongoing medical care. Three of the family members were granted bridging visas, but the youngest remains in community detention. Australia’s Human Rights Commission urged the government to reduce the number of people in immigration detention to reduce COVID-19 risks.

In Court

In a 4:3 High Court ruling, the government successfully appealed a 2020 habeas corpus decision which saw a Syrian refugee released from immigration detention. The full decision is available here. Meanwhile the government was ordered to pay an asylum seeker $350,000 in compensation for unlawful detention.

International

As the Australian Government confirmed that it is considering New Zealand’s refugee resettlement offer, New Zealand’s annual refugee intake was ranked 95th in the world on a per capita comparison. In Bangladesh, biometric information of Rohingya refugees was given to the Myanmar Government for the purposes of possible repatriation, without the consent of the individuals concerned. The European Union (EU) incorporated artificial intelligence into its border management program aimed at intercepting refugees and migrants. Denmark passed legislation permitting it to transfer asylum seekers to countries outside of the EU.

In policy

The Refugee Council of Australia (RCOA) compiled the latest responses to Senate Questions on Notice regarding Australian refugee policy and analysed the questions put to the Department of Home Affairs. RCOA also published its submission to government on how Australia’s humanitarian program should be improved in 2021/22. The Commonwealth Ombudsman published its detention monitoring report for the period January to June 2020. A constitutional lawyer published an analysis of recently passed legislation that legalises indefinite detention of refugees. Australia was urged to abandon using a country information report to determine Tamil asylum applications after a UK court found the report to be inaccurate. As the Australian Defence Force’s withdrawal from Afghanistan approaches, Afghan interpreters have come under increased threat for their work. The government agreed to prioritise their refugee applications, but concerns remain that they have left it too late. In comparison, America announced that Afghan interpreters will be evacuated prior to their troop withdrawal.

 In research

The UNHCR published its 2020 Forced Displacement Global Trends report. A study found a lack of suicide prevention training for people who work with asylum seekers, and piloted tailored training for the sector.  An analysis of UNHCR’s practice of evacuating refugees to a country pending onward resettlement highlights the complexities of the hybrid model and impacts on non-evacuated refugees.

New releases

A collection of essays documenting the evolution of Australia’s policy response to asylum seekers and the socio-political contexts at each point in time.

A new book by a neurologist exploring resignation syndrome experienced by some refugee children.

Monthly Wrap - 2 June 2021

In the media

In Court

Around 1,000 asylum seekers were given two weeks notice to prepare for their asylum interviews after waiting for up to eight years. The Federal Court ruled that people who were taken to Ashmore Reef – so they could be declared ‘offshore entry people’ before their transfer to the mainland – do not require Ministerial approval to apply for protection or to renew their temporary protection.  

PNG and Nauru

A multinational company that secured a $121 million contract for services to refugees in PNG billed the Australian government $75 per hour for local wages, while they actually paid just $8 per hour.

Resettlement

Bendigo residents launched a campaign to emulate other regional cities that have raised funds to sponsor Canadian resettlement applications for refugees still held in Nauru and PNG. More than 140 refugees have been approved for resettlement, with many more waiting for a chance to apply. As the USA resettlement program nears its conclusion, New Zealand has again confirmed its resettlement offer stands.

International

WHO research found that millions of asylum seekers, refugees and displaced people have been excluded from national vaccination programs. An exodus of around 15,000 people from Myanmar into India has strained food and shelter supply. Denmark and Rwanda signed an MOU that has been interpreted as a first step in negotiating an offshore processing operation for Denmark. Legal action was launched against the EU coastguard Frontex on accusations of breaching international law in its handling of people who attempt to enter Europe by boat. The USA increased its annual quota for refugees. A noticeable rise in boatloads of lone children destined for Europe has authorities worried.

In policy

The Federal Government, with the support of the opposition, passed legislation to legalise the indefinite detention of people who have had their visas revoked and cannot be deported due to the common law principle of non-refoulement.  The legislation has been condemned by legal and human rights organisations and the realities of indefinite immigration detention were discussed in a podcast interview. The Monthly explored the impact of the policy of temporary protection on the lives of people who have sought protection in Australia. The Refugee Council of Australia published an analysis of the 2021-22 budget from the perspective of asylum seekers in Australia. The budget for offshore operations equates to $34 million per person still in Nauru and PNG. Meanwhile the  government appears willing to include elements of Canada’s program in an overhaul of Australia’s refugee sponsorship program.

In research

A collaboration of Australian universities launched a new open-source database of studies into refugee and humanitarian protection.

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. 

Monthly Wrap - 3 March 2021

In the media

In Court

The Federal Court heard a number of matters relating to asylum seekers in February. The full bench of the court ordered the government to provide funding so that a medically evacuated asylum seeker can secure sufficiently experienced legal representation in his unlawful detention case. This was in recognition that the case has ramifications for other medical evacuees in onshore detention.

In a similar matter, a judge warned that the government risks a finding of habeas corpus if the plaintiffs in question are not released, resettled or returned offshore by the next hearing date (on 3 March 2021). Meanwhile the government lost its appeal against the family from Biloela and was criticised for its communication with the family.

In detention

An asylum seeker who was transferred onshore in 2019 for medical reasons died of a heart attack. His death has prompted calls for better independent oversight of the medical attention given to people who have been subject to indefinite detention.

More than 200 health professionals signed a letter calling on the government to release families who have been detained in Darwin for more than a year. Melbourne City Council rejected a motion to intervene in the detention of asylum seekers in a city hotel. Instead, the council agreed to ensure that adequate services were being made available to the men. A refugee who has been in hotel detention for more than 18 months, following seven years in offshore detention, spoke out against their treatment.

The Department of Home Affairs extended a six month contract, totalling $221 million, for offshore detention services on Nauru. This equates to around $10,000 per person per day.

International

The coup in Myanmar has exacerbated the uncertainty facing displaced Rohingya people. Meanwhile, the Indian coastguard located a boat adrift at sea carrying 81 survivors and eight dead. All are Rohingyan people who departed Bangladesh on 11 February 2021.

Europe has received its lowest number of asylum applications in eight years due to COVID-19-related travel restrictions. In Greece, a woman who attempted suicide by self-immolation has been charged with arson. She had been granted refugee status with her family, but their onward travel to Germany had been postponed due to her advanced pregnancy.

The US government announced  a restoration of funding to UNRWA (the UN agency responsible for humanitarian aid to Palestinian refugees). However the deficit caused by sudden cessation of funding, under the previous government, has threatened UNRWA’s viability.

In policy

The Minister for Foreign Affairs made a statement to the United Nations in which she condemned arbitrary detention and asserted the need for all nations to comply with international law. Meanwhile independent MP Andrew Wilkie introduced a private members bill to end indefinite detention.

In research

Madeline Gleeson at the UNSW’s Kaldor Centre writes on the impact of COVID-19 on Australia’s role in responding to asylum seekers arriving by sea.

The Castan Centre for Human Rights Law and the Monash Migration and Inclusion Centre published a report examining the significance of the sudden economic and social crisis that COVID-19 presented, the vulnerabilities of migrants in the labour market and the need for policy responses that recognise Australia’s human rights obligations and target the intersecting causes of migrants’ precariousness.

A study into the impact of immigration detention on those who are employed to detain has culminated in an audio-visual exhibition called Agonistes.

Syrian refugees in four European countries were surveyed to explore the factors that contributed towards a sense of integration with the wider community. The study found language proficiency, age and whether people had any choice as to their country of refuge played a role in their integration.