Labor is being tougher and more ruthless with asylum seekers than the Howard Government, according to an analysis of decisions made by the new Minister for Immigration, Senator Chris Evans.
The analysis of the exercise of ministerial discretion shows that Evans has rejected 97.6 per cent of applications since coming to power – the highest rate of rejection since 2001.
The handling of applications for ministerial discretion has been sped up, with 41 rejections being issued in five weeks and other applicants told their cases have been “escalated” which on the current pattern is not good news for them.
Most of those rejected feared for their safety if returned to their countries of origin. Many have mental health problems and spouses and children in Australia from whom they will be separated if deported.
The analysis of the rejections is contained in a document distributed to volunteers by the Asylum Seekers’ Resource Centre, which is the leading aid and advocacy organisation for refugees in Australia. Read the whole document here.
Authored by the CEO Kon Karapanagiotidis, the document analyses 42 decisions made by Evans. All but one of these applications were rejected.
“The injustice continues under an ALP Government when it comes to asylum seekers,” Karapanagiotidis says.
“It’s still too early to get a complete picture of how the Minister will exercise his power, however it’s sadly looking like a change of government may have brought no real change for asylum seekers.”
According to Asylum Seeker Resource Centre campaign co-ordinator, Pamela Curr, the cases Evans has rejected include one of an African woman who had been kidnapped and trafficked to the Middle East. She was abused by her “owners”. She came to Australia with her “owners” when they were on holiday. When she was attacked again, she ran away. Since then Australia has been her only experience of relative security.
“This case just shattered us all,” says Curr.
Curr says others rejected include compelling cases of people who have good reason to fear death if they are returned to their countries of origin, and families that will be split up if people are deported.
“The people making these decisions are old immigration department officers, the same kind of people who handled Cornelia Rau and Vivian Solon. They are still there and they are just saying no.”
There has been no cultural change in the department, Curr says.
“This Government will be six months old on the 24 May. We have been patiently waiting to see the new compassionate Government. At this rate we will be disappointed.”
In this speech last February Senator Evans talked about the 2000 applications for ministerial intervention on his desk, and expressed reservations about whether he should have so much power.
He said the ministerial discretion, intended as a check on the system, had instead become part of the process. Different personalities and priorities among Immigration Ministers led to different outcomes. He indicated he favoured arms’ length decision making by better supported tribunals.
In fact Philip Ruddock was the only Immigration Minister to closely supervise the exercise of Ministerial discretion, and it was his period in the hot seat that led to the big increase of its use. He intervened on 2513 occasions from 1996 to October 2003, compared to his predecessor, Nick Bolkus, handling just 311 in three years.
Since Ruddock, the reality is that the so-called Ministerial discretion has been handed to Department of Immigration bureaucrats. Evans has indicated he wants the 2000 files cleared fast, and they are moving through them with ruthless toughness.
Karapanagiotidis writes that he has urged the Department not to send bulk refusals “because they are unmanageable and create a crisis that neither ourselves, other agencies or they can deal with.”
Nevertheless, the Centre has had 41 rejections in five weeks.
The Asylum Seekers’ Resource Centre plans to try again for ministerial intervention on some of the most compelling cases.
Meanwhile, Crikey sent a copy of the Asylum Seeker Resource Centre document to the Minister’s staff yesterday afternoon, but did not receive comment in time for today’s deadline.
Postscript to this story 2.34pm, 7.4.08 , distributed by the Asylum Seeker Resource Centre, Victoria:
” A few minutes ago, an asylum seeker was given the bad news that he had been rejected.
An ambulance has just taken him to hospital because he attempted to kill himself. He is
unable to face return to the country from which he fled.”
For those who hard hearts and minds and who seem to take glee in the misfortune of those who find themselves on the refugee trail, this message is a solemn reminder that we are dealing with people in desperate need of what the rest of us take for granted, the safety of home, ie asylum.
At the expense of repetiton it is obvious that nothing will change until the Minister ensures that the joint criteria of fairness and humanity are applied to the situation. If the bureacrats won’t follow those guidelines, sack them!
However we also need a change of mindset beyond the faceless ones in the Ministry. The Govt, needs to win widespread public support to provide refuge to displaced persons, making it truly Australian to assist those facing persecution in their own lands because of race or religion. Only then will refugees be truly welcome and get the support required to grow up as Aussies!
How ironic that Australians of all people should feel they are in a position to deny anyone entry into Australia. Once we started (and kept) killing the aborigines like rabbits (and thats no exaggeration) “we” lost all moral authority and arguably legal authority to claim ownership of this land. In this country hypocrisy knows no bounds.
Evans has been pleaded with to sack the criminals in DIMA who committed these sorts of atrocities but to no avail. However, to claim he is being harsher than Howard is an absurd proposition.
I suggest people read the Senate investigation into how these things are done and demand that Evans speed up that process instead.
Here is what actually happens.
In Roqia’s case Ruddock accused her of sewing the boys lips. Two investigations cleared her. But Ruddock was not given those results, he was told weeks later that she did it and was made to look as bad as possible.
They refused her because all the other wives locked in Woomera while their husbands were in the community might want to be released.
No-one needs to be told what happened to Roqia Bakhtiyari now do they? On 27-12-2004 the Afghan ambassador told Vanstone in writing that they were AFghans, they were illegally dumped in Pakistan with no papers.
Before we jerk our knees over Evans, we have to be fair.
If what Marilyn says is true fair enough, however it is not good enough for Evans to remain silent on this grave issue. So much damage was caused by Ruddock, Vandstone and that fool Andrews when they were Coalition Immigration Ministers, there surely must be more transperancy, honesty and fairness in dealing with asylum seekers. What happened under Howards gestapo officers was herendous, if this Labor Government and Minister Evans don’t wish to be similarly branded there attitude to the Australian public needs to change. Refusing to answer the medias questions, or responding to calls will not help