Read The Times Australia

Daily Bulletin

We don't know how many asylum seekers are turned away at Australian airports

  • Written by: Asher Hirsch, PhD Candidate, Monash University

The immigration department doesn’t keep a record of how many people apply for asylum at Australian airports, and how many are turned away. Documents released under Freedom of Information show a lack of accountability and oversight by Australian immigration officials with regard to people who request asylum at airports.

This means the ultimate decision to admit or deny an asylum seeker entry into Australia rests with the Border Force official who interviews them. Without oversight, an asylum seeker could be turned away and sent back to a country where they may be at harm, after being interviewed behind closed doors and without access to lawyers.

Last week, ABC’s Four Corners reported that two Saudi women were turned back at Sydney Airport after letting customs officers know they intended to apply for asylum. This has led to concerns Australian Border Force officers may be deliberately targeting and blocking Saudi Arabian women, who they suspect may apply for asylum, from entering the country.

Until 2014, a person could apply for a permanent protection visa before being cleared at customs, also known as immigration clearance. However, amendments passed in 2014 mean those stopped before being cleared can only apply for a three-year temporary protection visa or a five-year safe haven visa.

Had the two women not disclosed their intention to seek asylum at the airport, they would generally have been cleared at customs and allowed to enter Australia. They would be able to apply for a permanent protection visa after leaving the airport.

But by making an asylum claim at the airport, they were subsequently detained and then deported from Australia without a chance to apply for protection, or access to lawyers, in violation of Migration Act.

The ABC report suggested at least 80 Saudi women have sought asylum in Australia in recent years, many of them fleeing Saudi Arabia’s male guardianship laws, which allow their husbands, fathers, brothers, uncles and sons to control their lives.

Read more: Are women escaping family violence overseas considered refugees?

A response from the Department of Home Affairs to a Freedom of Information request for the number of individuals who have made protection claims before, or at, immigration clearance at airports since 2008, said:

the location of the applicant in Australia at the time of lodgement … is not relevant to the assessment of the applicant’s asylum claims, and therefore is not recorded in the Department’s database. As such, the Department does not hold existing documents as falling in the scope of the request.

But this can’t be correct given the disparity between the safeguards available before and after an asylum seeker clears customs.

We don't know how many asylum seekers are turned away at Australian airports Asylum seekers who have passed through customs can appeal their application for protection if it is rejected in the first instance. from shutterstock.com

Australia has non-refoulement obligations under the 1951 Refugee Convention, various human rights treaties and customary international law. These prohibit the return of asylum seekers to places where they would face certain types of persecution or harm.

This extends to returning asylum seekers to transit countries where they may fear harm, or be at risk of being returned to their home country where they fear harm.

As part of the non-refoulement obligation, Australia must fairly and efficiently assess the claims of any person who applies for asylum under its territory or jurisdiction. Australia may not remove, or refuse admission at the border to, an asylum-seeker while considering that individual’s claim.

The demarcation of immigration clearance zones, or international zones has no consequence to Australia’s obligations under international law.

The Department of Home Affairs sets out the procedures to follow when an asylum claim is made at immigration clearance. The policies – which cannot be accessed publicly, but we have provided screenshots here – require that “if the person raises protection related claims, the interviewing officer should interview the person for a second time and explore the protection claims”.

Read more: Explainer: how Australia decides who is a genuine refugee

If the person “makes a prima facie protection claim that is not considered to be ‘far-fetched and fanciful’, they are considered to be a person who potentially engages Australia’s non‑refoulement obligations” and must be permitted to enter Australia.

We do not know whether the department followed its own policies in the case of the two Saudi women. The interviews took place behind closed doors, and the minister has not made a comment on the cases. Even if the policy was followed, it still leaves much discretion to the interviewing officer.

There are no clear standards that must be followed when determining whether a claim meets the threshold of not being “far-fetched and fanciful”. The words are not found in the Migration Act, or the Migration Regulations, which govern migration determinations.

If Australia returned these women without a proper consideration of their asylum claims, it will be in breach of its international obligations. The failure to keep or share these statistics compounds the lack of accountability.

Authors: Asher Hirsch, PhD Candidate, Monash University

Read more http://theconversation.com/we-dont-know-how-many-asylum-seekers-are-turned-away-at-australian-airports-111344

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

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

The Daily Magazine

How to Set a Budget Before Bidding at Auction

Placing a bid at an online art auction is an exciting way to discover rare paintings, home content...

Does a Modern James Bond Exist?

Image Credit: MysteryShot What the Movies Get Right About Private Investigators There are a few mov...

How Australian Businesses Can Effectively Manage Tax Audits and Disputes

Managing a small business in Australia is inherently challenging, but recent shifts in regulatory ...

From Coastal Calm to Classic Comfort: The Right Carpet for Every Style of Home

Carpet is often chosen near the end of a room makeover, after the walls, furniture, and lighting h...

How to Add a Heart to a Photo in Seconds

Visual storytelling has rapidly evolved in the digital age, transforming how we share our daily expe...

Why Small-Denomination Physical Gold is Becoming the Ultimate Defensive Asset

In a landscape of lingering macroeconomic uncertainty and rising domestic living costs, everyday i...

Why Your Feet Spread During Running and What That Means for Shoe Fit

The trainers felt brilliant in the shop. You walked around, bounced on your toes, checked the mirror...

How to Vet and Hire the Right Property Expert in the Australian Market

Navigating the Australian real estate market has become a highly strategic exercise. Recent nation...

Moving From Australia to Wellington: The Practical Settling-In Checklist

Wellington has a lot going for it. It's compact, walkable and full of cafes, with a harbour that r...