New Bridging Visas for
Refugees
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| 25 November 2011 |
CASE for Refugees welcomes the announcement by
Minister for Immigration and Citizenship Chris Bowen on new
administrative arrangements for protection visa applicants, but
calls for more consideration of stateless detainees and the funding
of advice and representation
for judicial review applications.
Bridging visas
The introduction of bridging visas to allow protection
visa applications to live in the community, with access
to work rights that will allow them to support themselves, is a
positive step. CASE is pleased to see improvements to
arrangements that will keep vulnerable asylum seekers away from the
system that has caused so much damage to people languishing in
detention centres while their cases are processed.
CASE notes, however, that the bridging visa arrangements will
not apply to detainees who have been found by the Department to not
be owed protection under the Refugees Convention but are in
situations where they cannot be returned. The circumstances of
stateless asylum seekers are of particular concern. The United
Nations has recognised that because they lack a
nationality, stateless persons are at particular risk and need
protection.
The situation of the Faili Kurds who've self-harmed at the
detention centre in Darwin is incredibly distressing. While they
cannot be returned to Iran, they are currently facing a lifetime in
detention unless the Minister intervenes to grant them visas.
CASE calls upon the Minister to immediately review the cases of
all detainees found to be stateless and ensure that they do not
remain trapped in indefinite detention.
New status determination arrangements
Removing the unnecessary parallel processing system
for offshore entry persons is also a positive, if not overdue,
development. The separate system was arbitrary,
inefficient, and, as found by the High Court last year in the "M61"
case, legally flawed. Better decision-making and adequate
review of administrative processes is vital to maintain the
integrity of Australia's refugee processing arrangements.
CASE hopes that the new processing arrangement will also help to
dispel the myths that persons arriving by boat have less of a right
to claim protection under international law as others coming to
Australia via plane.
Judicial Review
While CASE is pleased to see Professor McMillan's review of
migration litigation following the High Court's decision in "M61"
last year has finally been released, CASE expresses concern that
the Minister has not announced new funding arrangements to assist
asylum seekers exercise their rights to challenge badly made
decisions in court.
This year, CASE established the Judicial Review for Asylum
Seekers Project (JRASP) which provides applicants with free legal
advice and representation in applying to the
Federal Magistrates Court for judicial review.
While asylum seekers are assisted through their initial
applications by agents or lawyers under the IAAAS system, they are
often left without assistance if their refugee status applications
are rejected. Their situations are made worse by the language
barrier, their unfamiliarity with the legal system, and the stress
they are under through their experiences in detention.
Applications by unrepresented asylum seekers
puts unnecessary pressure on both the courts and the
asylum seekers themselves. Adequate legal assistance supports the
administration of justice but JRASP relies on the support of
pro bono barristers and lawyers to do this work.
CASE urges the Minister and the Attorney General to provide
addition funding to the community legal centres and Legal Aid
commissions around the country who are now taking on this work in
addition to their regular case loads at the same level of funding.
This is a significant gap in access to justice that must
be addressed.