asylum insight

Monthly Wrap Nov 2024

In the media

Permanent residence protest

On the final day of a 100-day rally for permanent residency in Melbourne, white supremacists sought to sabotage the event. The asylum seekers rallying for residency were subject to the flawed ‘fast track’ decision-making process and have been in legal limbo for over ten years. 

In court

A new class action case was brought on behalf of South Sudanese refugees who have finished their prison sentences but remain in indefinite detention because they cannot be deported to their country of origin. 

Nauru and PNG

Following the National Anti-Corruption Commission report into the offshore detention contracts to Paladin, Crikey published a 3-part series on the questions that remain outstanding. Radio National’s Late Night Live discussed the rise in the number of people that have been sent to Nauru and the conditions they are experiencing.

In Israel, the Palestinian territories and Lebanon

The Israeli Knesset passed legislation to ban UNRWA from operating on Israeli soil. The move was widely condemned for the impact it will have on vulnerable people and the precedent it sets for conflicts elsewhere. The Conversation published a feature on the bidirectional flight of refugees between Lebanon and Syria as they seek safety from violence and conflict in their respective countries of origin.

International

The ongoing war in Sudan has caused one of the worst humanitarian crises in the world. The UNHCR data portal on Sudan provides a live update on the number of people who have fled the conflict, over 11 million displaced, and their whereabouts. More than 48 people died and a further 100 were reported missing when they were apparently forced off a boat near Djibouti. The European Court of Justice found that the Taliban’s treatment of women constitutes persecution, the latest restriction being women are prohibited from praying aloud. In practical terms this means individual assessments of Afghan women are not necessary to determine their eligibility for refugee status. The EU Commissioner talked up the concept of regional “return hubs” outside of the EU based on the arrangement that Italy and Albania have agreed.

In policy

The government proposed legislation to increase the search and seize powers of staff at immigration detention centres. The Foreign Affairs Minister released Australia’s latest Humanitarian Policy. The UNSW Kaldor Centre published a Policy Brief on redesigning Australia’s asylum procedures, using Switzerland as the model. 

In research

The Scanlon Institute’s Australian Migration and Population Dashboard brings together statistics on the various aspects of migration. The Measuring Irregular Migration and related Policies project, MIrreM, published an updated working paper on irregular migration across 20 countries.

New release

Seize the Summit, a documentary directed by Arwa Damon

Monthly Wrap Sept 2024

In the media

Israel-Palestine war

August’s news cycle was dominated by the Opposition leader’s claim that granting visas to Palestinians seeking safe haven from Gaza poses a national security risk. The former Immigration Deputy Secretary accused the Coalition of quoting him selectively in order to substantiate their position. Guardian Australia published an explainer on the situation and the security clearances that Palestinians need to pass in order to exit Gaza. Meanwhile the government granted healthcare and work rights to a small number of Israelis and Palestinians who have sought sanctuary in Australia. Reuters published an explainer on why the city of Jenin, and the large refugee camp there, is a focal point in the Israel-Palestine war.

Immigration Detention

Independent MP Kylea Tink moved a private member’s bill that would put a 90-day limit on immigration detention, including at offshore locations.

In the community

A Tamil man who was on bridging visas for over 11 years took his own life. The Tamil Refugee Council reported that he was the second asylum seeker to suicide in a month. The Saturday Paper featured a story on the community refugee sponsorship program, CRISP,  and Guardian Australia ran a story on a social enterprise that is employing refugees as florists.

International

The perilous situation for Rohingya’s persists and was discussed in an interview on ABC Radio National. The number of Sudanese refugees entering Libya has surged. The largest ever refugee team at the 2024 Paralympics celebrated their first ever medal, in taekwondo. After suspending deportations to Afghanistan when the Taliban regained power, Germany has resumed deportations of Afghans who have committed crimes. In one of the worst drowning incidents in the English Channel, at least twelve people drowned when an overcrowded boat carrying many women and children sank.  

In policy

As the revamped Administrative Appeals Tribunal AAT takes shape, The Saturday Paper published an assessment of the extent to which the government honoured it’s commitment to merits-based appointments.

In research

UNSW launched a research project into the professional development needs of women who were forcibly displaced prior to settling in Australia. The UNSW Kaldor Centre published a panel discussion on resettlement and complimentary protection.    

Monthly Wrap June 2024

In the media

The High Court

The High Court ruled that it is lawful to indefinitely detain people when they do not cooperate with the deportation process. The court is currently hearing another case challenging the lawfulness of legislation requiring all former detainees to have curfews and ankle bracelets placed on them. The court heard that the blanket nature of the legislation, whereby Ministerial discretion was removed at the urging of the Coalition, is a key reason to rule that the legislation is unlawful.

Detention and ex-detainees

The flawed risk assessment tool used in immigration detention, and covered in an earlier monthly wrap, cannot be improved because the ABF data that it uses is unreliable. Since last month’s reporting of the Perth violent home invasion by ex-detainees, the media reported that one of the accused was released from detention when the Coalition were in government.

In Nauru

Thirty-three people who reached Christmas Island by boat were transferred to Nauru. It was unclear whether they had intended to claim asylum. They joined the approximately 54 people who were already on Nauru.

Palestinians in Gaza and Australia

Around ¼ of Palestinians who have come to Australia since the Israel-Hamas war started, have lodged protection applications. Meanwhile the government confirmed that 4,614 Palestinians abroad have been refused a visa on the basis that their intention to stay temporarily was not credible.

In the community

SBS The Feed published a story on the difficulties that people have proving their sexuality when being LGBT in their country of origin was illegal. A South Australian refugee organisation launched an app for migrants and refugees to find relevant services and info.  On her return to Kakuma refugee camp, after 18 years, Nyadol Nyuon reflected [video story] on the role that the camp library played in shaping her future.

International

In Sudan, Human Rights Watch demanded action to address ethnic cleansing that is occurring amidst the ongoing civil war. Ethiopia’s Digital ID program was described as transformational for refugees. The UNHCR commended Brazil for its integration-focused refugee policies and The Conversation profiled the large Palestinian community in Chile. Public servants in the UK launched a court case against the government on the basis that the Rwanda transfer legislation will require them to break the law. The Conversation published an analysis of how the Rwanda transfer program challenges international law. The US government commenced trials to use AI to conduct asylum interviews.

In policy

The Refugee Council of Australia published an analysis of the federal budget as it pertains to the refugee sector. The proposed new deportation laws could result in people who have been in Australia since childhood being deported. The Coalition announced it will pursue amendments to the bill, with a focus on the best interests of children and any impact on diaspora communities arising from the proposed power to dent certain nationalities from applying for protection. After the revelation that a man, now accused of murder, had had his humanitarian visa reinstated by the AAT despite his propensity to violence, the government announced it will amend Direction 99 to require greater emphasis on public safety. SBS News published an explainer on Direction 99. The government has closed the Locally Engaged Employee program that assisted the evacuation of Afghans whose lives were in danger because they had worked with Australian forces.

In research

The World Health Organisation published a report on the third consultation on refugee and migrant health. Philomena Murray and Ainoa Cabada co-authored a paper on the intersection between academics and policy and how academics can work more effectively with refugees and advocates. The UNSW Kaldor Centre co-authored an analysis into the gender and sexuality-based risks for people who are subject to government policies that contract out their refugee obligations to other nations. The Peter McMullin Centre on Statelessness opened applications for its 2025 PhD program. 

New releases

Safe Haven, a book by Shankari Chandran, published by Ultimo.

Monthly Wrap February 2023

In the media

Litigation

Around 100 people were released from immigration detention in the days leading up to Christmas. Lawyers believe the releases could be attributed to a Federal Court ruling that the threshold for a mandatory visa cancellation should not be based on cumulative sentences. The legality of Australia’s use of indefinite immigration detention will be challenged in court, in a case that could have implications for hundreds of people currently held.

Detention

A man who has spent 5 years in detention died by suspected suicide in Villawood Detention Centre. The latest Ombudsman report into immigration detention found that people’s concerns about maggots in the food were dismissed by Serco guards and that ‘holding cells’ with no toilet or running water were used for prolonged periods in Villawood detention centre, without any health assessment.

Nauru

A refugee remains on Nauru despite requiring urgent medical treatment and the fact that his family is now in Australia after their evacuation from Afghanistan. He was refused resettlement to Canada because Canada does not resettle people if it means they will be separated from their family.  The US prison operator that now runs Australia’s operations in Nauru was accused of gross negligence. Senator McKim requested the auditor-general look into the due diligence that was undertaken to award the contract.

2002 Cabinet Papers

The release of the 2002 Cabinet Papers revealed that the Howard Government was warned that fast-tracking a detention centre on Christmas Island would risk human rights and OHS safeguards, and would be very expensive. It also revealed the Howard Government explored quietly bringing offshore detainees back to Australia.

Housing affordability

The spike in rent across Australia is acutely impacting asylum seekers because they are not entitled to any government assistance and many are in insecure work.

Afghanistan

An Afghan man, who came to Australia as a refugee, brought with him a hard drive containing thousands of photographs showcasing Afghanistan’s landscape and the Hazara culture. His work was featured in a UNSW Library online exhibition.

International

79 children in the UK as unaccompanied minors seeking asylum have disappeared, feared kidnapped, from the government provided accommodation. A Russian commander of the paramilitary Wagner Group claimed asylum in Norway.  

In policy

At a Refugee Council of Australia event, the Immigration Minister took questions from the audience on a range of policy topics. The government announced that 19,000 people on Temporary Protection and Safe Haven visas will be granted permanent residence. The fate of an additional 12,000 people in the so-called ‘legacy caseload’ remains unclear.  Attorney-General Dreyfus said action will be taken to end the ‘inhumanity’ of Australia’s refugee policy.

In research

The latest European Journal of International Law includes an analysis of whether, in light of Taliban policy, all Afghan women and girls should be recognised as refugees.

Human Rights Watch 2022 World Report detailed Australia’s human rights failures when it comes to asylum seeker policy, the treatment of indigenous people in prison and the laws governing protests. Volume 4 of The Statelessness and Citizenship Review was published in December.

New releases

Map of Hope and Sorrow: Stories of Refugees Trapped in Greece, a book by Helen Benedict and Eyad Awwadawnan, published by Footnote Press.