Weekly media wrap - 14 June 2016

A boat bound for Australia carrying 35 Sri Lankan asylum seekers is being held off the coast of Indonesia. Indonesian immigration spokesperson Heru Santos Ananta Yudha stated that while their status was being checked and they were unable to go onshore, authorites were providing the passengers with food and water.

Documents concerning health and safety within detention centres were released to the Australian Lawyers’ Alliance. The documents showed that of 1092 injuries and assaults reported to Comcare by the Department of Immigration and Border Protection and its contractors over a two-year period, 850 were not investigated. Comcare is required to investigate “notifiable incidents” which a Comcare spokesman defined as ‘deaths, serious injury or dangerous incidents’.

The European Court of Justice ruled that EU countries cannot imprison undocumented refugees and migrants for entering their country. The ruling came in the case of Selina Affum, a Ghanian refugee arrested in France whilst travelling on a bus with false travel documents.

Weekly media wrap - 25 April 2016

In Papua New Guinea, a judge sentenced two men to five years in prison for the murder of Iranian asylum seeker Reza Barati. The judge said that the men received short sentences because there were others involved in Barati’s murder, who are yet to be charged.

Also in Papua New Guinea, 45 asylum seekers on Manus Island were told they are not entitled to refugee status, despite never applying for asylum. Elsewhere, authorities arrested an Iraqi refugee who was attempting to return to the detention centre. The man reportedly said he felt unsafe after being resettled in the community.

The Sri Lankan Navy intercepted an asylum seeker boat bound for Australia on Tuesday and returned the six adults and three children on board.

An asylum seeker boat sunk in the Mediterranean. Survivors reported that up to 500 drowned in the incident. The United Nations said that this would constitute the biggest loss of life on the Mediterranean in the past year.

Weekly media wrap - 23 February

The Federal Government announced that four Sri Lankan asylum seekers were handed over to Sri Lankan authorities earlier this month. The men were determined not to be refugees after their boat was intercepted off the coast of the Cocos Islands. This interception is the first occurrence of on-water processing and transfer since the High Court ruled in January that offshore operations such as this are legal. Critics expressed concern about interceptions at sea and the quality of screening processes being undertaken when on water.

Immigration Minister Peter Dutton visited Nauru to reaffirm the Australian Government’s bilateral agreement with the island nation to resettle Australian-bound refugees. Formal visit proceedings were disrupted by refugees protesting Australian asylum policy. Minister Dutton announced an open centre arrangement where selected asylum seekers would have more flexibility in coming and going from the Nauru detention centre within agreed times. Minister Dutton confirmed that 512 asylum seekers have been granted refugee status and 400 had been resettled in Nauru.

The anniversary of the death of Iranian Reza Barati was acknowledged and remembered on social media by thousands. Barati was killed one year ago on Manus Island during the rioting in the immigration detention centre.

An open letter to the Prime Minister Tony Abbott, signed by 50 prominent Australians, expressed support for the Human Rights Commission’s Forgotten Children report and concern about the personal attacks on the Commission's President Gillian Triggs.

More than 2,100 migrants were rescued 160kms off the coast of Italian island Lampedusa by Italian and Maltese rescue vessels. 

Weekly media wrap - 6 October 2014

The UNHCR appealed for the rethink of global humanitarian financing, as worldwide displacement numbers reach 51.2 million. Since the beginning of 2014, the number of asylum seekers in industrialised countries has increased by one quarter, to 330,700.

The UNHCR and international human rights organisations criticised Australia’s deal with Cambodia, which provides refugees on Nauru the option to resettle there.

The Australian government will launch an inquiry into misuse of official information by Save the Children workers on Nauru. CEO Paul Ronalds has denied the claims, while Greens Senator Sarah Hansen-Young has suggested the inquiry is intended to distract attention from investigation of claims of sexual abuse of children by guards. Data from the Department of Immigration and Border Protection shows that of the 1102 asylum seekers currently held in detention on Christmas Island, 128 children self-harmed between January 2013 and March 2014, while 89 adults did the same.

Outgoing administrator of the Australian Indian Ocean territories, Jon Stanhope, heavily criticised the government’s asylum policy. Former WA Liberal Party MP Barry Haase will replace Stanhope when his term ends next week.

Two asylum seekers alleged they were tortured after being returned to Sri Lanka by Australia. The Sri Lankan high commissioner to Australia rejected these, and other similar claims.

Expansion of the Manus Island detention centre has stopped amidst unrest among the local population in relation to its impact on the community.

Weekly media round-up No. 51

Earlier this week the High Court held a hearing regarding the 157 Tamil asylum seekers held for several weeks in an Australian customs vessel in July. A High Court judge said the case would determine the Australian Government’s power to detain asylum seekers on the high seas.

The Australian Government set aside 4400 places within the existing refugee program for Syrian and Iraqi refugees. Immigration Minister Scott Morrison said the success of Operation Sovereign Borders ‘allowed more places to be returned to our humanitarian program.’

Fairfax media reported that Australia will enter into an agreement with Cambodia to the resettle asylum seekers currently held in offshore detention. A Cambodian official said Mr Morrison would visit Phnom Penh to discuss the agreement within days.

A group of anonymous Save the Children workers from Nauru submitted a report to a national inquiry into children in detention. The report described systematic human rights violations and incidents of physical, sexual and verbal abuse. Mr Morrison will give evidence at the inquiry later this week.

Weekly media round-up No. 50

Psychiatrists, bioethicists, human rights lawyers, novelists, priests and refugee advocates published a collective document accusing the Australian government of inhumane treatment of asylum seekers and demanding an end to mandatory detention and offshore processing.

Dr Peter Young, former director of mental health for International Health and Medical Services (IHMS) and chief psychiatrist responsible for the care of asylum seekers in detention for the past three years, accused the immigration department of deliberately inflicting harm on vulnerable people in an extended interview with The Guardian. He received support from peak medical bodies for speaking publically.

One hundred and fifty-seven Tamil asylum seekers transferred to Nauru in late July were allegedly offered lifeboats and instructed to row themselves back to India. Immigration minister Scott Morrison explained the decision to return them to Nauru was due to the asylums seekers’ refusal to speak with Indian consulates.  A spokesman for the Indian high commission said India never agreed to accept the return of any of the Tamil asylum seekers who were not Indian citizens.

Five Save the Children employees working in the detention centre for families on Nauru were suspended for encouraging or engaging asylum seekers who were peacefully protesting.

Mr Morrison called for a reinterpretation of the Refugee Convention which would require asylum seekers to change their behaviour or employment to avoid persecution. The matter will be considered by the High Court.

The Department of Defence released its report into the allegations that asylum seekers suffered burnt hands on board a boat as it was turned back to Indonesia in January. The defence report found no evidence supporting the claim.

The Australian Lawyers Alliance obtained documents from the immigration department which shows that since coming into power the Abbott Government has spent more than $3 million to encourage approximately 1110 asylum seekers to return to the country from which they fled.

Fairfax Media reported that at least 25 delegates who attended the 20th International AIDS conference in Melbourne in late July intend to seek asylum in Australia.

Weekly media round-up No. 49

An Australian Human Rights Commission inquiry in to the health and wellbeing of children in immigration detention continued this week.

Secretary of the Department of Immigration and Border Protection Martin Bowles told the inquiry the number of children in detention has fallen from 1330 in July 2013 to 659 in July 2014. The inquiry heard evidence from Dr Peter Young that the immigration department requested the withdrawal of evidence of mental health concerns among young detainees. Immigration Minister Scott Morrison rejected this claim. The inquiry also heard evidence that the department chose ‘young looking’ detainees for offshore transfer, because of the enhanced deterrent effect on prospective arrivals.

One hundred and fifty-seven Tamil asylum seekers were moved from Curtin detention centre to Nauru. Mr Morrison returned from India after securing an agreement from officials to repatriate Indian nationals, and consider the claims of Sri Lankan nationals. Detainees rejected the offer to be assessed by Indian officials. Greens Senator Sarah Hanson-Young attempted to visit the detainees, but was denied access. Lawyers for the asylum seekers say they were not given adequate access to their clients before their transfer to Nauru. The relocation cuts short a High Court challenge to the processing of asylum seekers at sea.

Fifteen asylum seeker youths in community detention in Adelaide have fled fearing a return to custody. A Church-sponsored report called for the appointment of an independent guardian for children in detention. The position of immigration minister as guardian is untenable, the report argues, given he is ‘also tasked with being their judge and jailer’.

Weekly media round-up No. 48

The 157 Tamils held for almost a month on board an Australian Navy vessel travelled to the Cocos Islands and from there to the Curtin detention centre in Western Australia, making them the first asylum seekers to reach the Australian mainland in six months. Human rights lawyers questioned the legality of the Australian government’s decision to allow officials from India, where the boat originated, to interview the asylum seekers.

 Documents filed in the High Court showed that the National Security Committee, chaired by Prime Minister Tony Abbott, decided that the boat’s passengers should not be taken to Australia two days after it was intercepted.

Police in Puducherry, India, arrested two men on charges of renting out the boat they own to Tamils trying to reach Australia.

Meanwhile, Immigration Minister Scott Morrison granted a permanent protection visa to a 15-year-old Ethiopian boy, after previously insisting the boy, who reached Australia by stowing away on a ship, would have his application rejected under a new ‘national interest’ test. 

Weekly media round-up No. 46

On Sunday 6 July the Australian Government returned 41 asylum seekers to Sri Lankan authorities. The asylum seekers’ claims were assessed at sea using the controversial ‘enhanced screening’ protocol, wherein a determination of possible refugee status is made on the basis of an on-board interview. Sri Lankan authorities said the asylum seekers face criminal charges and will be interrogated by officials from the country’s intelligence department. Australian legal scholars criticised the Australian Government’s handling of the episode.

In a separate incident, a High Court hearing on Tuesday 8 July confirmed an Australian customs vessel currently holds 153 asylum seekers on the high seas. The Australian Government said the asylum seekers were intercepted outside Australia’s migration zone and as such have no rights under the Australian Migration Act. Lawyers for the asylum seekers argued that repatriation would constitute a violation of Australia’s non-refoulement obligations. The full bench of the High Court will hear the matter within 21 days.

The Australian Government confirmed that ten women – including nine mothers – attempted suicide at Christmas Island. Refugee advocates said the mothers attempted suicide in the hope that their orphaned children would be granted permission to live in Australia. In response, Prime Minister Tony Abbot said the Government would not be held ‘over a moral barrel’. A leaked report showed a six-fold increase of self-harm in detention since the introduction of mandatory offshore resettlement.

The European Asylum Support Office released its annual report. The report said 435,760 persons applied for asylum in the European Union in 2013 - of these, approximately one third were granted refugee status.

Weekly media round-up No. 45

Immigration Minister Scott Morrison announced a proposal to apply a “national interest test” for permanent protection applications from people who arrive without a visa.  Refugee advocates have responded saying that a High Court challenge could be launched to refute the proposal.

There has been continued speculation about whether asylum seekers who left southern India on 13 June, and who appealed to refugee advocates last Friday, would be turned back to Sri Lanka. Human rights groups issued accusations that Australia breached international law amid reports that the Australian navy was deployed to pick up Tamil asylum seekers and hand them to the Sri Lankan authorities.

It is alleged that the asylum seekers’ claims were assessed through four questions on board via video link. The Guardian issued information from a former immigration department officer that the department has previously considered using Australian custom vessels to interview and process asylum seekers, but was advised the process could be unlawful.

Whether the vessels were turned around has not been confirmed. Sri Lankan and Indian authorities and government officials said they had not received any official information about this case, however The Australian reported that a Sri Lankan navy official claimed asylum seekers were picked up. The Australian Greens and the Labor immigration spokesman have called on the Prime Minister to give public details on the fate of the asylum seekers. A spokesman for Immigration Minister Scott Morrison said that the department would not comment on operations. 

In a 3AW interview, Prime Minister Tony Abbott insisted Australia was acting legally within its international obligations. He said that turning boats around, returning asylum seekers to Sri Lanka and the rapid on-board screening process were all “in accordance with the international law”.

The Australian Human Rights Commission (AHRC) issued statistics that children account for the greatest percentage of self-harm incidents and suicidal behaviour by asylum seekers in detention. This was not confirmed by the International Health and Medical Services which is contracted to provide health care for asylum seekers in Australian detention. The AHRC also announced a third hearing for the commission’s inquiry into children in immigration detention, which would be held for “whistleblower employees” to give evidence.

PNG police are searching for a former Salvation Army employee, suspected of killing Reza Berati in the unrest in February on Manus Island, who has fled to PNG’s mainland. An asylum seeker who lost an eye during the riots has launched legal action against the federal government.

The ABC reported allegations that detainees in immigration detention facilities are put under pressure to 'volunteer' to go home before applying for asylum.

Weekly media roundup No. 36

Lawyers representing witnesses to the death of Reza Barati applied to the High Court of Australia for Manus Island detainees to be transported back to Australia, owing to fears for their safety. Lawyers for the detainees also lodged a habeus corpus writ, which claims gross human rights violations, including crimes against humanity, have been perpetrated by Immigration Minister Scott Morrison and the Australian and Papua New Guinean governments.

A guard’s account of the Manus Island violence on 17 February, submitted to the Senate inquiry into the events, included a statement that Reza Barati was struck over the head with a ‘lump of wood’. A recent Four Corners story raised significant concerns around the Manus Island operation.

Cambodia’s secretary of the state at the foreign ministry, Ouch Borith, indicated that the country had agreed ‘in principle’ to a deal proposed by the Australian Government to process and resettle asylum seekers in Cambodia.  President of the Cambodian Association of Australia, Youhorn Chea, condemned the government’s move, stressing that the nation was still coming to terms with its own human rights struggles.

The Guardian reported that Prime Minister Tony Abbott postponed a scheduled trip to Indonesia next week due to an asylum seeker operation north of Australia. A document leaked to The Guardian from the Nauruan government contained details of a plan to limit the resettlement of refugees in Nauru to a maximum of five years.

The Sri Lankan navy arrested 54 asylum seekers, including 13 children, when a fishing trawler headed for Australia was detected off the nation’s northeastern coast.

Recent figures released by the Immigration Department indicate the average time asylum seekers spend in Australian onshore detention is 275 days, a length that far exceeds international standards.  The Australian Human Rights Commission is concerned that the length of detention is used as a deterrent to asylum seekers.  

Performance artist Phuong Ngo began a 10-day art installation in Melbourne, during which he plans to fold 10,000 paper boats whilst consuming the same food provisions as his family on their journey to Australia in 1982. 

Weekly media round-up No. 29

A report from the Human Rights Law Centre criticised Australia’s close cooperation with Sri Lanka, saying it had jeopardised the safety of asylum seekers fleeing that country. The Australian government denies that anyone sent back to Sri Lanka has been harmed, though the report found (p 6) at least one man returned had been “severely tortured”.

 The Immigration Department apologised to thousands of asylum seekers for releasing their personal information online. Department secretary Martin Bowles wrote a letter stating the department will "assess any implications for you personally as part of its normal process". Dozens of asylum seekers are believed to be planning court action over the breach, which saw the full names, nationalities and dates of birth of almost 10,000 asylum seekers made available on a government website.

Fairfax Media reported police on Manus Island are close to charging several men with the murder of Reza Barati. Some suspects are believed to still be working at the facility.

The chief justice of Nauru, Australian citizen Geoffrey Eames QC, resigned saying he “could not be assured that the separation of powers and the independence of the judiciary would be respected”. Eames had his visa cancelled earlier this year when he issued an injunction to prevent the government deporting the country’s only magistrate. The Department of Foreign Affairs said the episode gave “rise to concerns about the rule of law in Nauru and Nauru’s reputation internationally”. Sixteen asylum seekers are awaiting trial in Nauru over a July 2013 riot on the island, where the Australian government has been sending asylum seekers since 2012.

Defending the treatment of asylum seekers on Manus Island and Nauru in an interview with the BBC, Australia’s foreign minister Julie Bishop wrongly stated that those found to be refugees may later be settled in Australia, that the claims of those in the centres are being processed (only one positive determination has been made on Nauru), and that children in detention go to school.

A former employee of the Salvation Army published an account of life inside the Nauru detention centre. Mark Isaacs relates the haphazard selection process for camp staff and their lack of training, as well as the asylum seekers he befriended who went on to self-harm.