Federal Court

Weekly media wrap - 9 May 2016

On Nauru, a second incident of self-immolation occurred. The young Somali refugee woman remains in a critical condition and is being treated in a Nauru hospital. In the wake of the incident, Minister Dutton criticised both the media and advocacy groups for encouraging asylum seekers and refugees to ‘behave in a certain way’ and for raising hope and expectation that through resistance, they may be able to come to Australia. 

A PNG representative appeared before the United Nations Human Rights Council through the Universal Periodic Review process, stating that the government accepts the recent court decision and is working to make arrangements for the men held within the detention facility. Australian officials met with Papua New Guinea (PNG) counterparts to put in place arrangements to comply with the Supreme Court ruling.  

In Australia, an application was lodged in the high court for over 750 refugees and asylum seekers currently held in offshore detention. The case will seek an urgent injunction to prevent this group being sent to Nauru following the expected closure of the Manus Island detention centre.                  

Elsewhere in the courts, the Federal Court of Australia found that the Minister for Immigration, Peter Dutton, exposed an asylum seeker to serious medical and legal risk by flying the woman from Nauru to PNG to terminate her pregnancy, despite this procedure being illegal in PNG. The asylum seeker became pregnant after being raped while in detention. The Federal Court also found that Australia owed a duty of care to the asylum seeker, a finding that may have broad ramifications for offshore detention.

The Australian Government released a statement offering regret for the use of unsubstantiated allegations that led to the sacking of ten Save the Children staff working on Nauru. It was alleged that the workers were coaching people held in detention to self-harm. The Australian Government will provide compensation to Save the Children. However Scott Morrison, then immigration minister, has indicated he would not make an apology to the organisation for the incident. 

A boat carrying 12 asylum seekers was intercepted off the shores of Australia’s Cocos Islands. The group of asylum seekers were flown to Colombo, Sri Lanka and have been arrested and taken into police custody in Colombo. The Australian Government has not made any comment on this incident, identifying it as an operational matter.  

As part of 2016-17 federal budget announcements, Minister Dutton announced to parliament that 17 onshore detention facilities will be closed. 

Weekly media wrap - 1 December

The Cambodian Prime Minister Hun Sen wrote to an opposition party politician defending Cambodia’s ability to host and protect refugees. However, a group of Cambodian NGOs expressed ‘deep concern’ about the deal, and the ‘shroud of secrecy’ surrounding it. Greens Senator Sarah Hanson-Young also wrote about her concerns with the deal, after travelling to Cambodia to assess the conditions that refugees will face there.

The Federal Court of Australia reserved its decision about the right of children born in Australian detention centres to seek refugee visas. Labor and the Greens expressed opposition to a decision by the Legal and Constitutional Affairs Committee to recommend that the Resolving the asylum seeker caseload bill be passed. The bill also came under pressure from Senate crossbenchers who want the legislation to include a pathway to permanent resettlement of refugees and reunion with immediate family members.

The UN Committee Against Torture released a report criticising elements of Australia’s asylum seeker policies, including the policies of turning back boats carrying asylum seekers and mandatory detention of children on Nauru and Manus Island.

The Guardian reported a female asylum seeker was allegedly impregnated when she was raped in detention on Nauru.  This follows stories of the rape of homosexual asylum seeker men who are scared of being jailed for their sexuality.  

A group of high profile Australians recorded a song calling for an end to child detention.

Asylum seekers on Manus Island wrote to the United States and Canada requesting for resettlement to these countries.

In international news, President Obama announced sweeping reforms to the United States’ immigration policy that will ease the threat of deportation for 4.7 million undocumented immigrants. However, the President’s unprecedented exercise of executive authority is likely to face fierce opposition from the Republican party.

Weekly media wrap - 27 October

Australian Federal Independent MP Andrew Wilkie wrote to the International Criminal Court to seek an investigation into the treatment of asylum seekers, to determine whether Prime Minister Tony Abbott and the 19 members of the cabinet have contravened international conventions.

The Guardian obtained information that Immigration Minister Scott Morrison employed a rarely used clause in the Migration Act that allows him to issue a ‘conclusive certificate’. The certificate blocks permanent protection on grounds of national interest. Asylum seeker advocates say that refugees are being denied natural justice and there is a lack of clarity on how national interest is being defined.

The future of the migration and maritime power legislation amendment bill is uncertain, as it is facing difficulty passing through the senate. Minister Morrison said failing to pass it would add to budget costs and keep children in detention. Critics claim that this bill will allow an increase to the powers of the immigration minister and will limit the role of the courts by bypassing the review process.

A group of asylum seekers won a Federal Court appeal against the immigration department over the unintentional exposure of their personal details in a significant data breach in February 2014. The Immigration Minister has been ordered to pay the asylum seekers' costs.

Further delays are expected for refugees to be resettled in Papua New Guniea, as Prime Minister Peter O'Neill announced plans for a new policy with increased focus on consultations and building public awareness of the scheme.

A senate estimates hearing was told that the Abbott government spent more than one billion dollars this financial year to house approximately 2200 asylum seekers in offshore detention centres in PNG and Nauru. A spokeswoman for the Immigration Minister defended the costs as almost $100 million less than the previous financial year.

Cambodian officials reportedly travelled to Australia this week, prior to flying to Nauru to meet refugees to discuss their option to be resettled in Cambodia. Cambodian Interior Ministry said that refugees would be given a 'realistic' picture of contemporary Cambodia.

Lebanon has closed its borders to Syrians fleeing their country's civil war as refugees, with the exception of ‘emergency cases’. The border will remain open for people traveling for other purposes.