By Jane Salmon

“Visa Amnesty, Permanent Residency, No Deportation After 11 Years”. Refugee Vigil Outside Minister Giles’ Thomastown Vic Office Monday 29/4/24 – 10am

Refugee and stateless families are urging the federal government to provide amnesty for the 10,000 refugees who have been living in Australia for the past 10 years – ahead of a vigil planned outside the Immigration Minister’s electoral office this coming Monday.

Families and individuals have been begging for an end to the ten-year legal deadlock that prevents them from becoming permanent residents of Australia. Minister Giles has the power to break that deadlock.

The protesters also call on National Party, Independent, Liberal and Labor Senators of conscience to vote against the Migration Amendment 2024 Bill which would expose them to increased risk of deportation.

The Refugee Council of Australia has offered six compelling reasons why the proposed Bill should be rejected by all parties in the Senate.

These reasons are:

Opposition to the Bill: The Refugee Council of Australia (RCOA) strongly opposes the Bill due to its broad discretionary powers, the criminalisation of people seeking asylum, and the risks of breaching Australia’s protection obligations under international law.

• Criminalization of Asylum Seekers: The Bill raises concerns about potentially criminalising individuals for refusing to return to their country of origin, leading to mandatory imprisonment for those fearing harm upon return.
• Failures of the Fast Track Process: The Fast Track refugee protection assessment process has been criticized for not providing fair, thorough, or robust assessments, placing thousands at risk of returning to danger or facing years of incarceration.
• Separation of Families: The Bill threatens family unity, particularly for those seeking asylum, by potentially forcibly separating families as a result of compliance with the removal process.
• Broad Discretionary Powers and Visa Ban:The Bill grants the Minister extensive powers to ban visa applications from “removal concern countries,” risking arbitrary and discriminatory practices.
• Impact on Economy and Community: The visa ban could negatively impact diplomatic relations, trade, the education sector, tourism, and social cohesion, especially within Australia’s multicultural and diaspora communities.
• Unchecked Ministerial Powers: The Bill could expand the powers of future ministers, allowing them to designate “removal concern countries” and expand classes of visas for “removal pathway non-citizens” without sufficient oversight.
• Alternatives to the Bill: The Refugee Council suggests that a better approach would be to provide tailored individual support to facilitate voluntary returns in a dignified manner, rather than using coercive measures.
• Recommendations: The RCOA recommends rejecting the Bill in its entirety, re-assessing protection applications rejected via the Fast Track process, and using non-coercive measures to facilitate removal options for those not found to be refugees.

“There are less draconian and arbitrary alternatives to the proposed measures.

“The failed ‘Fast Track’ assessment process which was haphazard and has provided neither speed nor a clear pathway”, said X of Y. We are still waiting for a replacement mechanism that works well.

Former Iranian refugee Arad Nik says, “There is no genuine ‘Emergency’ that justifies the sudden imposition of these powers. The Immigration has dragged its feet on developing mechanisms that honour human rights for two decades. Nothing justifies the introduction of such sudden, extreme or sweeping measures.”

Home Affairs Minister, Clare O’Neil, has admitted that some refugees and others targeted by this Bill are ‘not removable’; yet the government is intent on seeking extraordinary powers. Mandatory sentences of one to five years jail are punitive measures designed to re-introduce indefinite detention.

There is no indication that discriminatory travel bans anticipated by the bill, on countries such as Iran, Iraq, Sudan or Somalia, will shift those countries’ policies on accepting forced removals. But such bans will have an enormous impact on Australian migrant communities.

It seems likely that there will be a vote on this Bill in the latter half of May when the Senate reconvenes.

A Senate inquiry into the Bill attracted 109 submissions. (Another 30 submissions by individuals have not met the publication criteria). Only one of the 109 published submissions was in favour of the Bill and just happens to have been prepared by Home Affairs.

Children aged between 9 and 20 who have attended recent rallies have calmly articulated their situation.

“We kids are raised and educated here as Aussies. We know English than Farsi. We have friends and pets and dreams”.

“Our parents escaped a murderous regime. Some of them are from ethnic minorities who had fewer rights. Some spoke out for justice for women. It is not safe to go back.”

“After 11 years of struggle and uncertainty, please offer us safety and hope, Australia!”

“Australia has already invested in our education. Why not retain our talent?”

“We want the same chances as our classmates. They are allowed to work and to go on to higher study. We are left to rot in our rooms despite great marks.”

“We are innocent. We are children. Our parents did the best they could.”

“We should not be punished because countries cannot agree. We should not be punished because the appeal system is broken”.

“We are sick of powerlessness and would like the chance to become caring politicians ourselves.”

On Monday 29 April 2024 at 10am, refugee and stateless families will again rally outside the (187-189 High Street, Thomastown, VIC, 3074) electoral office of the Immigration Minister Andrew Giles, pleading for positive changes to their situation. Their vigil will last until 3pm on the same day.