Read The Times Australia

Daily Bulletin

US deal is a good news story for refugees -- here's why it took so long

  • Written by: Alex Reilly, Deputy Dean and Director of the Public Law and Policy Research Unit, Adelaide Law School, University of Adelaide

The Australian government has announced a new deal, long-expected in policy circles, that will see asylum seekers on Nauru and Manus Island transferred to the US.

This is the first positive news in three years for asylum seekers and refugees on Nauru and Manus Island. It is a circuit breaker that has received support from Labor.

However, it is worth observing that this could only be considered a good deal in a world where developed countries have a strong aversion to receiving asylum seeker claims at their borders.

In September, Australia pledged to take a group of Central American refugees housed in camps in Costa Rica.

In a rational world, Central Americans on the border of the US would be settled in the US and Afghans, Iraqis, Iranians and Sri Lankans placed on Nauru and Manus by the Australian government should be resettled in Australia.

However, by any measure, the refugees involved would see the US deal as far better than spending any more time in Australia’s offshore detention centres.

A good offer

Asylum seekers do not have the luxury of choosing where they end up. There is no right to asylum in international law - only the opportunity to make an asylum claim. Receiving countries are free to make deals with other countries to resettle asylum seekers, constrained only by the principle of non-refoulement (which means not returning refugees to countries where they are likely to face harm).

The US has the largest refugee resettlement program in the world. It offers the opportunity to establish a new life free from violence and religious persecution. Yes, there is talk of intolerance faced by Muslims in the US, but similar attitudes exist in Australia.

The US offers these refugees the protection of a sophisticated constitutional and legal system. It’s a gross exaggeration to suggest Donald Trump’s America could be anywhere near as unsafe as the conditions that refugees flee.

Nonetheless, the transition to the US will not be easy, and is made considerably more difficult by the fact that some of these people have been detained under very stressful conditions for as much as three and a half years. Many spirits have been broken. These refugees will need considerable help in resettling successfully.

While welcoming the government’s announcement, Labor has criticised the time it took to reach this deal. But it is important to recognise why the government has been in no hurry to find a durable solution.

A long time coming

The government has subscribed to the principle of “no advantage” first articulated in the 2012 report produced by the Exert Panel on asylum seekers. The principle states that asylum seekers should receive no advantage from taking a boat to Australia over asylum seekers who did not make that journey.

According to the UNHCR, resettlement needs in 2017 are projected to be 1.19 million people. In 2015, the total number of resettlement places offered around the world was 134,000. Based on these figures, the average waiting time for resettlement is in the range of nine years.

The whole point of offshore detention and processing was to send a strong message that it was not worth taking a boat bound for Australia. The government was happy to pursue, in a half-hearted and expensive way, resettlement options in Cambodia, PNG and Nauru. These were not viewed as attractive resettlement options.

But the condition of asylum seekers and refugees on Nauru and Manus under Australia’s care soon became an international embarrassment. With whistleblowers, journalists, doctors, civil society organisations in Australia, international NGOs and the government’s own Human Rights Commission keeping the spotlight on conditions on Manus and Nauru, the government eventually had to find a durable solution for asylum seekers and refugees.

An encouragement for people smugglers? Not likely

The government remains concerned that finding a durable solution for refugees on Nauru may be an encouragement for people smugglers. This is an understandable fear, but recent history suggests it is most unlikely to lead to a resumption of boats heading for Australia.

From 2002 to 2004, the Howard government resettled refugees on Nauru in Australia, and this did not lead to a resumption of boat arrivals. The threat of offshore detention is an enormous disincentive. Furthermore, Immigration Minister Peter Dutton has been very clear the US arrangement is a one-off deal. Anyone who subsequently arrives on Nauru or Manus will face the uncertainty of if and when they will be resettled.

The announcement today that refugees must accept any resettlement option presented to them or face 20 years on Nauru or return to their country of origin where they fled persecution may be reasonable if a durable resettlement option is offered, such as is the case under the US deal.

But if a different iteration of this deal ever emerges in future and resettlement is to a country that is not a signatory to the Refugee Convention, or does not have the capacity to resettle and integrate refugees (such as Cambodia), this amounts to pressuring refugees to return to a place of danger or live in limbo for much of their lives.

The proposed lifetime ban

The US deal is not contingent on legislation, now before parliament, for a lifetime ban on any people processed on Nauru and Manus since mid-2013 entering Australia. This is important as the ban is wrongly conceived, and has rightly been rejected by Labor.

It is already abundantly clear that asylum seekers arriving by boat will not be resettled in Australia. Whether they will be able to visit Australia in some other capacity later in their lives will not be high on an asylum seeker’s list of concerns.

The effect of this bill is to punish for life an extremely vulnerable group of refugees, simply for the legitimate act of seeking protection and, in some cases, seeking reunification with family members.

Although it is possible for people in this position to apply to the minister to lift the ban, this may well turn out to be costly, time-consuming and complicated.

The government should be content to offer a good news story to the refugees on Nauru with its announcement of the US deal, rather than hitting them with a final punishment as they leave Australian government control to begin their new lives.

Authors: Alex Reilly, Deputy Dean and Director of the Public Law and Policy Research Unit, Adelaide Law School, University of Adelaide

Read more http://theconversation.com/us-deal-is-a-good-news-story-for-refugees-heres-why-it-took-so-long-68716

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...

How to Choose a Reliable Hot Water System Installer on the Gold Coast

Choosing a reliable installer is just as important as choosing the right hot water system. A qualifi...

How Microtask Platforms Support Modern Digital Promotion

Digital promotion has become increasingly complex. Businesses communicate with customers through w...

Cosmetic Dentistry Options From a Brisbane-Based Dental Team

You cover your mouth when you laugh. You skip the group photo. Maybe you edit pictures to soften a...