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.

Monthly Wrap December 2022

In the media

Nauru and PNG

The first six people, under New Zealand’s resettlement scheme with Australia, arrived from Nauru. The Home Affairs Minister said that letters telling asylum seekers to leave Australia were sent in error. Her department disagreed.

Detention

Information provided to senate hearings and reported by the commonwealth Ombudsman revealed that, since 2018, around 170 places were designated as detention facilities, including 77 hotels. Eight asylum seekers were released after ten years in onshore immigration detention. Australian officials were questioned by the UN Committee Against Torture, at its November session. The former PM, Scott Morrison, secretly held the Home Affairs portfolio at the time that he told journalists that any decision about the Nadesalingam family was the responsibility of the relevant Minister.

Community

A Kurdish refugee captained Australia’s blind football team in their debut international tournament. Afghan refugees reflected on the experience of seeing their national cricket team compete at the MCG. Participants in a NSW bushwalking program shared how the program boosted their wellbeing.

United Nations

The UNHCR has called for refugees and displaced people to be given seats at COP28. It warned that Haiti is on the verge of collapse and urged countries not to forcibly return people there. Similarly it demanded countries not to forcibly return people to the Democratic Republic of Congo where ongoing violence has caused huge numbers of people to cross the border. The UNHCR appealed for more aid to support the more than 200,000 Burundian people who have returned home in the last five years. UNRWA warned that its ability to support Palestinian refugees has reached a crisis point. In the world’s most densely populated refugee camp, young people have led projects to improve the local environment.

International

The EU agreed a new migrant plan and is prepared for an increase in Ukrainian people seeking sanctuary over winter. Kenya’s move away from an encampment response to refugees has shown better self-reliance among refugees when they can choose where they stay and have work rights. First responders in Syria blamed Russia for deadly drone attacks on displaced persons camps. A whistleblower revealed that the UK Home Office is recruiting retail staff to conduct refugee interviews with little training and support. An asylum seeker sued the UK government over the condition of the reception centre where asylum seekers are accommodated on arrival. A person at the accommodation centre died in what is believed to be a case of diphtheria.

In policy

An Afghan man was invited to his citizenship ceremony, but then suddenly stripped of his permanent residency when the immigration department claimed that his original Afghan identity document was a fraud. The government announced that refugees on temporary protection visas would get more rights to travel overseas and those who came by boat before 19 July 2013, and have permanent residence, would no longer be the lowest priority when it came to family reunion applications. The government committed to prioritising protection applications from Myanmar nationals. A briefing document revealed that the former government was advised, in 2020, to develop an individualised risk assessment capability so that more people could be released from immigration detention. Additionally it revealed that the current government is considering electronic monitoring as an alternative to immigration detention. The Refugee Council of Australia published its annual report.

In research

Research by the Melbourne Social Equity Institute and Human Rights Law Centre confirmed that asylum seekers on bridging visas were at a higher risk of labour exploitation. The Melbourne Social Equity Institute published the papers that were presented at the 2022 Migration, Statelessness and Refugees Interdisciplinary Conference.

Monthly Wrap November 2022

In the media

Detention

The UN Subcommittee on Prevention of Torture suspended their tour of Australian places of detention due to a lack of cooperation by the Queensland and New South Wales governments. The UN Human Rights Office and the Attorney General both issued statements. The American prison company contracted to run Australia’s detention facility will receive $750,000 per day for a reduced range of welfare services than the previous contract required.

Court

The government was ordered to mediate with 120 Indonesians who were considered adult for imprisonment purposes, on the basis of flawed wrist x-rays. Lawyers for an Egyptian refugee claimed that ASIO’s reliance on information obtained under torture effectively meant that they accept torture. The negative ASIO security assessment is the reason the man has been detained for the past ten years. A people-smuggling case relating to the SIEV X boat, which sank in 2001 killing 353 people, commenced in the Brisbane Supreme Court.

International

Germany announced a new program to evacuate 1,000 people per month from Afghanistan. Meanwhile the former Chancellor, Angela Merkel, received a UNHCR award for her response to the 2015 crisis for Syrian refugees. Cholera outbreaks have occurred across refugee camps in Lebanon and Cameroon. The Lebanese government announced it would go ahead with its plan to repatriate around 15,000 Syrian refugees per month. A Tamil woman in an Indian refugee camp became the first among her peers to be granted Indian citizenship. Amid a surge in the number of Venezuelan people attempting to enter America, the American government announced it would accept 125,000 refugees this year. Refugees in America, who have waited years to reunite with their families, feel abandoned as the US government prioritises people fleeing Afghanistan and Ukraine.

In policy

The UNSW laid out how Russians fleeing national conscription should be given the same treatment as others when it came to refugee status. The Refugee Council published an analysis of the budget.  

In research

New research found three out of four Australians support permanent pathways for refugees who are in Australia. Registrations opened for the Melbourne Social Equity Institute’s conference on migration, refugees and statelessness to be held on 18 November 2022.

Monthly Wrap October 2022

In the media

Offshore detention

The controversial US prison operator, set to take over garrison operations on Nauru, will be paid $42 million for 52 days preparatory work. Meanwhile the existing contractor, Canstruct International, will continue to receive payment for the same period. People still held on Nauru said they have lost all hope of a life. Former guards at the Manus Island detention centre agreed to a multi-million dollar settlement offer from the Australian government for harm caused during their work there. Fourteen refugees have been interviewed under the New Zealand resettlement program.

Detention

The UN subcommittee on the prevention of torture has been urged to investigate Australia’s practice of handcuffing of immigration detainees during off-site medical appointments. People in immigration detention spoke out about the violence and drug use in facilities and their fear for their safety.

International

Thai fishermen rescued 10 Rohingya refugees who were adrift at sea for some time, and found a further 41 Rohingya people stranded on an island. The Sri Lankan Guardian detailed the reasons behind an increase in the number of Sri Lankan people risking boat journeys. An increasing number of Somali refugees, who lived most of their life in Dadaab refugee camp, have returned to Somalia to try to make a new life. The Dutch government initiated a plan to house more than 1,000 asylum seekers and migrants on ships in response to a worsening accommodation crisis. Britain’s new Home Office Secretary pledged to end boat crossings to the UK. Former Australian Foreign Minister, Alexander Downer, was appointed to a panel to provide oversight of the UK’s controversial Rwanda transfer program.

In policy

As Australia’s asylum system was equated to a lottery, refugees who spent years offshore received letters stating that settlement in Australia is not an option and that they should apply for resettlement to New Zealand. Meanwhile, refugees who were resettled in Australia through a skilled refugee program urged the government to expand the successful program. Registrations for the 2022 UNSW Kaldor Centre Conference opened.

New releases

Forty Nights, a book by Pirooz Jafari, published by Ultimo Press.

Monthly Wrap September 2022

In the media

In detention

The ABC profiled the situation of a refugee, with an intellectual disability, who has been in detention since he was 15 years old, while his mother lives in the community. The government says that his ongoing detention is based on character grounds.

 In Court

A Federal Court judge ordered the government to reassess their refusal of a citizenship application which effectively caused a child to become stateless. The High Court agreed to hear an appeal by a convicted people smuggler who was denied a protection visa. The case will test whether Australia’s deterrence policy is punitive.

In Nauru

Leaked documents revealed that Wilson Security collected intelligence for the Australian government on the people detained in Nauru.  A company that runs prisons in America was awarded the contract for detention centre operations in Nauru.

In the community

SBS profiled business start-ups by refugees in Australia, highlighting the fact that they are more likely to start their own business than other migrant groups.   

International

NGOs in France argued that the lack of support to asylum seekers in France is causing people to attempt the channel crossing. The war in Ukraine and conflict in Myanmar appears to have caused the Japanese government to consider accepting more refugees. Refugees in Cameroon will get national ID cards that will enable them to access basic services including education, banking and healthcare. Documents revealed that of the 16,000 people who were issued with notices of their potential removal under the UK’s new inadmissibility policy, only 21 were removed have been removed.

In policy

MP Andrew Wilkie re-introduced the Ending Indefinite and Arbitrary Immigration Detention bill to Parliament and MP Dai Le said she will push the government to increase the humanitarian quota and speed up refugee processing. Advocates called for the government to implement measures that will enable skilled asylum seekers already in Australia to more easily contribute to the workforce shortage. Since the Taliban takeover of Afghanistan, more than 211,000 people  applied for resettlement to Australia. Australia welcomed the first group of refugees under the new community sponsorship program. An Australian former refugee co-founded a global organisation that advocates for refugees to have direct input into policies that affect them.  

In research

The Refugee Council of Australia published its review of access to asylum, its first report under the new global Refugee Response Index. The UNSW Kaldor Centre released a Data Lab containing data on Tribunal and Court matters concerning asylum seekers and refugees. The Comparative Network on Refugee Externalisation Policies (CONREP) published a paper into the harmful narratives used to discuss refugees, and proposed a better way forward. The Refugee Law Initiative published the webinars from their 2022 conference. Michelle Foster and Cathryn Costello examined the question of differing reactions to refugee situations against international law that prohibits discrimination. The Peter McMullin Centre on Statelessness opened registrations for their 2023 intensive course.

New releases

Unpacking the Australian offshore processing policy, an episode in the Australia: Inside Out podcast, published by Menzies Australia Institute, Kings College London.

Monthly Wrap August 2022

In the media

Election day text messages

An investigation into the LNP’s election-day announcement that asylum seekers had been intercepted at sea, revealed that the Prime Minister’s office had instructed Australian Border Force to make the information public. It also found that the information had been leaked to journalists before it had been uploaded to ABF’s website.

In court

The lawfulness of Australia’s use of alternative places of detention has been challenged in court. During the case the government sought to suppress detention locations and it was revealed that the detention of ex-offshore refugees in hotels cost up to $3 million per month.

In detention

A man who has been assessed as a refugee is into his tenth year in onshore detention despite a court order that he should have been moved to a residence and his deteriorating mental health.

In the community

ABC news featured the success of a Shepparton school where newly arrived Afghan children are thriving. SBS News profiled a Victorian government program that employs refugees, with relevant expertise, on major infrastructure projects. Two Saudi sisters who were found dead in their Sydney apartment had asylum claims in process.

International

Investigations revealed that sex traffickers have preyed on women fleeing Ukraine. Some of the people who were scheduled for transfer from the UK to Rwanda have been found to be victims of trafficking. A psychology institute in northern Iraq, that provides psychotherapy to Yazidi refugees, has trained 58 people to become psychotherapists in an effort to normalise talking therapy in the country. Italian authorities began relocating refugees off Lampedusa to ease overcrowding concerns.

In policy

The UN Subcommittee on Torture advised that it will conduct inspections of Australia’s detention centres in the coming months. Independent MP Andrew Wilkie reintroduced the Ending Indefinite and Arbitrary Detention Bill 2022 in Parliament. Protestors called for an overhaul of how Australia treats people who have sought asylum. Administrative Appeals Tribunal documents revealed that Coalition appointed tribunal members refused asylum cases at twice the rate of their peers. The Comparative Network on the Externalisation of Refugee Policies (CONREP) released a policy paper on the health impacts of Australia’s immigration detention. The temporary humanitarian visa program that enabled Ukranians in Australia to work, study and access Medicare ended on 31 July 2022. Despite the Australian government’s insistence that it is not responsible for the 104 people who are left in Papua New Guinea, it continues to fund their living expenses.

In research

Research into Australian attitudes towards asylum policy found that highlighting how the policy breaches international law was more effective at changing opinion than highlighting moral or reputational concerns.

New releases

My tears will calm the sun, a book of illustrated poetry written by Jalal Mahamede

Behrouz, a film produced by a Simon V Kurian

First Port of Asylum, a History Listen episode produced by Federal MP Dai Le

No words, a novel by Maryam Master, published by Pan Macmillan Australia.

Monthly Wrap July 2022

In the media
Ukraine
The UNHCR data portal on the Ukraine situation shows of the 7.7 million people who left Ukraine since Russia’s invasion, more than 2.5 million have returned. Australians have welcomed Ukrainian refugees into their homes. A number of them are exploring job opportunities in rural areas.

Post-Detention
As the Nadesalingam family returned to Biloela, it was revealed that the previous government made a last minute attempt to deport the family. Other people who have endured protracted limbo took heart that they too could secure more certainty. SBS caught up with the last group of men who were released from the Park hotel detention facility to find out how they were getting on.

Nauru

Refugees who remain stranded on Nauru face chronic food shortages amid a Covid-19 outbreak.

Community
Sister Brigid Arthur was awarded an AO for her dedication to vulnerable asylum seekers in Victoria. Newly arrived Afghans with professional backgrounds have resorted to labouring jobs after not getting opportunities in their areas of expertise.

Court
Peter Dutton MP filed a request to the High Court to examine the appeal that overturned the defamation ruling in his case against a refugee advocate. He argued that the case raise questions about the meaning that social media users give to words.

International
The UNHCR accepted NGO demands to cease using the term ‘people of concern’ in their work. It also published its 2021 Global Trends report on the situation of refugees and displaced people. A summary of the key trends can be found on our Global Statistics page. For the first time the Refugee Law Initiative adopted a Declaration on International Protection. Members of the Eritrean under-20 women’s football team remain in hiding in Uganda 7 months after they competed in a tournament there. The first flight to transfer asylum seekers from the UK to Rwanda was abandoned after the European Court of Human Rights intervened.

In policy

Clare O’Neil was announced Home Affairs Minister and Andrew Giles as the Immigration, Citizenship, Multicultural Services and Multicultural Affairs Minister. The UNSW Kaldor Centre published a policy brief proposing an overhaul of Australia’s use of temporary protection visas and hosted a panel discussion on Australia’s refugee policy since the 2001 rescue of asylum seekers by the MV Tampa. Father Rod Bower reflected on the moral injury implications for Australians from our treatment of asylum seekers. Abul Rizvi, former Immigration Deputy Secretary, argued that the sustained focus on boat arrivals detracts attention from the fact that agents have systematically brought people to Australia on tourist visas, submitted bogus asylum claims and put them to work in agriculture in the knowledge that their claim would take years to be finalised.

In research

New research shows Australians overwhelmingly support maintaining or increasing our humanitarian intake. A study that tracked refugees over the first 5 years of their resettlement found that the amount of community support and acceptance they received affected the level of psychological distress they experienced during their adjustment to Australia. A review of 64 studies into the mental health outcomes of Syrian refugees found a high prevalence of mental disorder, but insufficient focus on the factors that led to improved mental health, especially post-resettlement.

New releases

Stateless, a short film detailing the situation of Rohingya people. An analysis of the debate surrounding the film was published on the Peter McMullin Centre on Statelessness Blog.  

The Criminalisation of People Smuggling in Indonesia and Australia. Asylum out of reach, by Antje Missbach published by Routledge.

Absence Makes the Heart Grow Fonder, a two-part Earshot series on the man who won a habeas corpus case (alias AJL20), published by ABC Radio National.

Monthly Wrap June 2022

In the media

Nauru and PNG

Leaked Nauru police correspondence showed a disregard for the wellbeing of refugees. Several former detention guards agreed a multimillion dollar settlement with G4S Security over the psychological harm caused by the violent incident in 2014 that resulted in the death of a refugee in the Manus Island detention centre.

Community

Safdar Ahmed, an artist with lived experience of Australia’s immigration detention regime, won the NSW Multicultural Award for his novel Still Alive. Mostafa Azimitabar, who was detained by Australia for 8 years, was nominated for the Archibald Prize. A refugee advocate successfully appealed a defamation decision that resulted from a case that was brought by Peter Dutton.

International

The UNHCR welcomed New Zealand’s acceptance of a review into immigration detention that found their current regime is at odds with their human rights obligations. The European Commission published the 2021 statistics on asylum claims in Europe. A UN aid conference secured pledges totalling $6.7 billion for displaced Syrians and the countries hosting them. The Turkish government announced plans to build 200,000 homes in northern Syria in an attempt to encourage refugees, currently in Turkey, to return home. Refugees in Switzerland conducted the second sitting of the Refugee Parliament where they debated issues and policies that directly affect them. The relocation of asylum seekers from UK to Rwanda was delayed due to legal challenges by charities and unions representing Home Office staff. 600 Ukrainian refugees in the UK’s Homes for Ukraine program were moved into hotels because the housing they were placed in was unsafe or inappropriate.

An estimated 75 people drowned when their boat capsized off the Tunisian coast. Around 2,500 people a week have crossed the border into Niger in recent months as conflict and security have become a serious problem in neighbouring countries. Canada aims to close a loophole in their Safe Third Country agreement with America that has enabled asylum seekers to cross into the country via Roxham Road, Quebec.

In policy

The change of government will enable 19,000 recognised refugees who are on temporary protection visas to apply for permanent residence. The incoming government confirmed the youngest child in the Murugappan family will be issued a bridging visa, which will enable the family to return to Biloela. A review will be conducted into election day text messages sent by the then government about a boat approaching Australia. During the election campaign an Afghan woman begged the then PM Scott Morrison to help evacuate her family and the BBC queried whether the release of refugees from long-term detention was an election tactic. The Greens have called for a royal commission into offshore detention.

A charity operating a refugee school in West Java reported that children were given playing cards promoting Australia’s ‘Zero Chance’ campaign against entry by boat into Australia. The Law Report discussed the High Court’s interpretation of the obligation to consider protection concerns of people who have served their prison sentences and face a serious risk of harm if they are deported to their country of origin.

In research

The Danish Institute for Human Rights published a detailed analysis of agreement between the UK and Rwanda. It compares the arrangement to similar policies elsewhere and how it sits within the context of Safe Third Country principles and obligations under international law.

New releases

Hope, Solidarity & Death At The Australian Border: Asylum Seekers & Christmas Island, by Dr Michelle Dimasi, published by Cambridge Scholars publishing 

Sending Aya Back: the Syrian teen facing deportation in Denmark, a documentary published by The Guardian

Monthly Wrap May 2022

Detention

More ex-offshore refugees were released from onshore detention. Less than 10 of the medically evacuated group of refugees remain in onshore detention. The releases prompted a UNHCR statement on Australia’s mandatory detention regime and renewed calls for the youngest child in the Murrugappan family to be granted a bridging visa, so that the family can return to Biloela.

Ukraine

As the number of Ukrainians who have fled the war passed 5 million, the UNHCR stepped up its assistance to people still inside the country. The USA announced a sponsorship program whereby up to 100,000 Ukrainians could resettle there.

Afghanistan

The Australian government announced an additional 16,500 Afghan refugees will be accepted for resettlement over the next four years. Around 1,400 Afghans with Australian visas remain trapped in Afghanistan and their visas have now expired. Some Afghan evacuees in Germany were ordered out of their accommodation to make way for Ukrainians.

International

Thailand deported refugees to Myanmar in breach of the international customary law of non-refoulement. In Malaysia 529 Rohingya refugees escaped from a detention camp and were subsequently apprehended. Britain signed a controversial deal with Rwanda whereby asylum seekers who entered the UK by boat would be sent there. The deal was finalised despite the most senior Home Office official warning that it did not represent value for money and is unlikely to be an effective deterrence. The UNHCR issued a statement in response.

In policy

The Refugee Council of Australia published an analysis of the refugee policies of parties and candidates in the upcoming federal election and the most urgent priorities for reform. Guardian Australia published a fact-check on the refugee policy differences between the ALP and the Coalition.  The Australian Human Rights Commission was warned that its international accreditation could be downgraded over concerns about political interference. A downgrade would cause it to lose participation rights at the UN Human Rights Council. Professor Michelle Foster explained the situation of stateless people in Australia in an in-depth discussion on ABC Radio Melbourne.

The federal government announced that any ex-offshore refugees who are resettled in New Zealand would be barred from living in Australia, however it did not detail the mechanism by which this would occur. Refugees on temporary protection visas warned that the policy of protracted uncertainty has caused people to suicide.

New releases

My fourth time, we drowned by Sally Hayden, published by Harper Collins 4th Estate.

Monthly Wrap April 2022

In the media

Detention

Over the month of March a total of around 30 refugees were released from onshore immigration detention. In Villawood Detention Centre an asylum seeker was found dead in his room. He had reportedly hardly left his room in the two weeks prior. Doctors expressed concern for the deteriorating health of refugees in indefinite detention in Perth.

Nauru and PNG

The government accepted New Zealand’s long-standing offer to resettle refugees who were sent offshore. The announcement prompted Senator Lambie to disclose her 2019 deal with the government in return for her vote to repeal the medevac legislation. Advocates called on the government to terminate the offshore operations contract with Canstruct.

In court

An Afghan family has sued the Australian government for taking years to assess their family refugee reunion application.

Ukraine

In response to the fact that around 10% of the Ukrainian population has now fled the country, the government announced humanitarian visas for Ukrainians in Australia. A British government website enabling people to offer spare rooms to Ukranian refugees crashed due to overwhelming response. Applicants complained that the program registration process is overly bureaucratic. One of the poorest European nations, Moldova, has welcomed more than 300,000 Ukrainians. An Afghan family that was evacuated from Kabul to Ukraine was again forced to flee due to Russia’s invasion of Ukraine.

In the community

Afghan evacuees were given a 7-day deadline to submit their refugee applications. Defectors of the Myanmar military were given refugee protection in Australia.

International

The number of Nicaraguan refugees in Costa Rica has surged in the last year. Around 10,000 people fled into Uganda after violence erupted in the Democratic Republic of Congo. The UNHCR outlined the extreme poverty faced by Syrian refugees in Lebanon and surrounding countries. A Syrian refugee sued the EU’s border agency on the basis that his forcible return to Turkey constituted refoulement. A Palestinian Psychiatrist used his experience helping refugees in Greece to establish a program that makes psychiatric care central to humanitarian responses. The UK government is pushing ahead with its plans to establish offshore refugee centres akin to Australia’s policy.

In policy

The Refugee Council of Australia published an analysis of the federal budget as it pertains to asylum seekers and refugees. Of more than 13,000 refugees who were granted Safe Haven visas, as a pathway to permanent residency, it appears only one has secured residency. Analysts have contrasted Australia’s response to the plight of Ukrainians to that of the situation faced by Afghans. Refugees who were resettled to the USA, from Australia, spoke about the impact their treatment by the Australian government has had on them. As the federal election approaches, the UNSW Kaldor Centre updated its policy document on the improvements needed to Australia’s refugee policy.

In research

A collaborative study into moral injury among refugees who were detained in Nauru revealed a sense of hopelessness and a loss of dignity as common consequences of their experience. Volume 41 of the Oxford University’s Refugee Survey Quarterly was published in March.

New releases

A new series of free lunch time webinars was launched by the Refugee Council of Australia.

Monthly Wrap March 2022

In the media

Detention

Advocates continued to call for the immediate release of refugees in immigration detention as the average duration of detention reached a new record of 689 days. The government confirmed an in principle agreement to accept New Zealand’s longstanding offer to take in refugees who were held in offshore detention. Some refugees have withdrawn from the USA resettlement process because their spouses, also refugees, are not guaranteed to be accepted through the program. Financial reports show that the company contracted to run Australia’s detention operations in Nauru made more than $500,000 profit per person held there. 

Afghanistan

The ABC detailed the contrasting experience of Afghan refugees who were evacuated by Australia and those who entered Australia by boat. The full Federal Court allowed an appeal by the government who aim to deport a Hazara man to Afghanistan. Afghan orphans with Australian links are among those who remain trapped in Afghanistan. Afghan evacuees in the UK remain in hotel accommodation due to bureaucratic issues whereby rental assistance is terminated for anyone who finds their own accommodation outside of the council housing process.

International

European countries have opened their borders to Ukrainian refugees as a surge is expected following the Russian invasion. Journalists who fled Myanmar following the coup detailed their difficult journey to reach safety in Australia. Cameroonian asylum seekers who were deported from the USA have experienced abuse on return. Eritrean refugees in Ethiopia’s Afar region were killed amidst the ongoing conflict between Tigrayan and government forces. The British Home Secretary was criticised for commissioning Alexander Downer to review their Border Force because of his role in establishing Australia’s offshore detention program.

In policy

The federal government commenced fast tracking of visa applications from Ukrainians and state governments committed support to Ukrainian refugees who are resettled in Australia. More than 40 local councils across Australia united to call on the next government to finalise the asylum claims of more than 100,000 people who have been years for permanent protection.

Monthly Wrap February 2022

In the media

In PNG and Nauru

The government awarded a $218 million contract extension to Canstruct for detention operations in Nauru over the next 6 months. It is the eighth non-competitive contract awarded to the company. Canstruct’s parent company was issued a warning by ASIC for failing to lodge financial reports on time. After extensive pandemic-related delays the resettlement of refugees to Canada commenced.

In court

The Federal Circuit Court ruled that the Immigration Minister’s decision to deny Priya, Nades and Kopika Murugappan the right to apply for further bridging visas was procedurally unfair.

In detention

Hobart City Council passed a resolution calling for the refugees in hotel detention to be resettled there. This follows Novak Djokovic’s detention which brought worldwide attention to their plight. The Prime Minister was accused of lying when he said the men in the detention hotel were not refugees. Recently the men detained there claimed they were given mouldy bread and food with maggots. Religious leaders across all faiths called for the immediate release of refugees and asylum seekers from detention.

International

The EU established a new agency to ensure a consistent application of common standards governing the treatment of asylum seekers. A cyberattack on the International Committee of the Red Cross headquarters exposed the data of more than 500,000 displaced people. Hazara refugees in Indonesia engaged in serious self-harm to bring attention to their plight on the tenth anniversary of their wait for resettlement. Albania was acknowledged as one of the most generous EU countries, on per capita terms, in its response to people fleeing the 2021 Taliban takeover. A former Danish Immigration Minister was given a prison sentence for separating couples where the female was a minor at the time they sought asylum. A judge in the UK High Court ruled that the age assessment procedures, used on young asylum seekers in the UK, are unlawful.

In policy

The release of the 2001 cabinet papers showed the government was worried about the arrival of asylum seekers by boat some months before the so-called Tampa incident. At the Royal Commission into veteran suicides, a naval officer recounted the ongoing impact of trauma stemming from their efforts to save people on sinking boats. The UNSW Kaldor Centre published a policy brief that recommends strategies to ensure that pandemic-related airport procedures do not inhibit people’s legal right to seek asylum. The Australian government was condemned for creating a film-making competition in Sri Lanka for short films to deter Sri Lankans from seeking asylum in Australia. A former Senior Medical Officer in the detention camp in Nauru spoke about his time there.

In research

A new study details how the protracted nature of refugee status determination in Australia adds to people’s housing, financial and health vulnerability.

New releases

The Manus Story: Rebecca Lim in conversation with Dr Fotina Hardy; a podcast.

Monthly Wrap December 2021

In the media

Court

Former Home Affairs Minister Peter Dutton won his defamation case against a refugee advocate. In Brisbane a trial commenced against a man accused of being a people smuggler involved in the SIEV-X tragedy.

Detention

The Saturday Paper published a piece on the situation inside the Melbourne detention hotel where  a number of refugees have contracted COVID-19.

Nauru

The cost of Australia’s operations in Nauru have increased ten-fold to $4.3 million per person currently held there. It was revealed that the Australian company that operates Australia’s program in Nauru was worth $8 at the time they were awarded their first contract. The coroner found that a delay in transferring Omid Masoumali to an Australian hospital almost certainly led to his death and that Nauruan hospital capability was inferior to that of regional Australia. An editorial detailed the abuse that female and underage asylum seekers were exposed to in Nauru.

International

The UNHCR published its inaugural Global Compact on Refugees indicator report and also commenced the evacuation of vulnerable asylum seekers from Libya to Italy. New Zealand launched a new visa category whereby local people can sponsor refugees to settle there. The situation of refugees stuck at Poland’s border worsened with accusations that Belarus was using them for political purposes. Refugee activists who helped to rescue people stranded at sea faced a Greek court on people smuggling and espionage charges. Around 27 refugees and migrants drowned after their boat capsized in the worst  incident to date in the English Channel. The UK has adopted many features of Australia’s policy on people who attempt entry by boat. Despite reopening its international borders, the USA extended its entry ban on asylum seekers on the Mexican border due to their crowded living conditions and the consequent risk of COVID-19. An investigation into the conflict in Ethiopia has revealed violations of humanitarian law which may amount to war crimes committed by both sides.

Afghanistan

The Immigration Minister allowed the humanitarian visas of Afghans who remain stranded in-country to expire. As the humanitarian crisis in Afghanistan has intensified, one family resorted to selling their baby in order to feed their other children. Refugees who were evacuated to Canberra have been taken to caravan parks where they feel unsafe.

In policy

People who hold humanitarian and refugee visas were included in the list of people who can enter Australia without an exemption from 1 December 2021. A private members bill for a legal framework to end indefinite immigration detention was referred to the Joint Standing Committee on Migration who will accept public submissions until 28 January 2022. The Administrative Appeals Tribunal’s annual report detailed the growing backlog in asylum cases due to insufficient funding. The Immigration Minister used his discretionary powers to release more ex-offshore refugees from immigration detention in Melbourne and Brisbane. SBS published a feature on the invisibility experienced by those asylum seekers in Australia who struggle with English. A refugee with a disability claimed that a lack of government support has caused him to become homeless.

In research

The Public Interest Advocacy Centre published research into the lack of medical care provided to people who were medically transferred to Australia from Nauru and PNG. The University of Sydney published a guide to assist employers to recruit people from refugee backgrounds. A systematic review of studies into the prevalence of psychiatric disorders among people in immigration detention indicated detention is an independent adverse contributor. A University of London study showed that people were less likely to feel empathy for refugees when they viewed imagery of them in large groups. This reaction was less apparent for imagery of large groups of people fleeing natural disasters.

New releases

The Naked Don’t Fear the Water by Matthieu Aikins, published by Harper Collins.  

The Refugee in International Law by Guy Goodwin Gill with Emma Dunlop, published by Oxford University Press.

Seeking Asylum: Our Stories by Asylum Seeker Resource Centre, published by Black Inc.

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 May 2021

In the media

In Court

Two cases commenced in the courts that could have implications for people who are or were in immigration detention. One is the appeal of a landmark habeas corpus ruling against the government. In the other, a man is suing the government for the mental ill-health he alleges was caused by his five years in detention. Refugees detained in a hotel in Darwin commenced proceedings against the government for false imprisonment and negligence. The Federal Court overturned a finding of unlawful conduct against former Immigration Minister Alan Tudge. Meanwhile Defence Minister Peter Dutton commenced defamation proceedings against a refugee advocate.

In Detention

The owner of the Brisbane hotel where asylum seeker men were formerly detained took legal action against the tenant for damages, failure to disclose how the hotel was being used and undertaking works without permission. The men were relocated to detention in Brisbane and Melbourne. Senator Kristina Keneally resorted to a commercial flight to Christmas Island after the Defence Minister revoked access to a RAAF plane for a scheduled Senate Committee tour. The Senator visited the family of four who remain in detention on Christmas Island.

Offshore

A gang reportedly attacked a compound in Port Moresby where refugees are housed.

In Community

A Hazara man who came to Australia by boat hopes to be selected for the Refugee Olympics Team in Tokyo.

International

The UNHCR published a data series showing how climate change is exacerbating the pre-existing factors behind forced displacement, such as political instability, conflicts over resources and poverty. Evidence was presented in court showing Italy knew that Libya routinely ignored their requests for assistance to boats stranded at sea. Hundreds of asylum seekers and migrants drowned as a result, and the frequency of deaths off the Libyan coast continues. The South African government gave refugees camped in Cape Town a two-week ultimatum – voluntary repatriation with IOM and UNHCR assistance, or local integration. Meanwhile around 2,000 people fled into Chad after renewed conflict erupted in the Central African Republic. 

A German court has heard that a right-wing extremist group planned to attack asylum seekers, Muslim people and politicians in an effort to destroy democracy. Canada’s practice of turning back asylum seekers who arrive via the USA has been declared lawful. Mexico has experienced a dramatic increase in the number of asylum applications lodged compared to the same time last year.

In policy

People who came to Australia by boat before August 2012 and have since secured permanent residency are given the lowest priority in the processing of family reunion applications (for their spouses and children). Some have been waiting for more than 10 years to be reunited with their family. Australia’s systematic separation of family of those who seek asylum was detailed in the Human Rights Law Centre’s ‘Together in Safety’ report.

Despite no new arrivals on Nauru since 2014 and a significant reduction in the number of asylum seekers and refugees who remain there, data shows that a Brisbane company (Canstruct) has received $1.4 billion in funding for garrison services from 2017 to 2021. Meanwhile some who were released from many years in onshore and offshore detention continue to have nightmares about their experience.

In research

Using the example of a 2015 Australian Government telemovie, a study analysed the gendered dimension of public information campaigns aimed at dissuading people from attempting to enter a country for protection. 

New releases

Still Alive – a new visual novel by Safdar Ahmed, an artist who ran an art project in the Villawood Detention Centre (Sydney).