First there was Labor’s Papua New Guinea Solution. Then there was the Coalition’s ‘Pacific Solution 2.0’. Both were harsh, and both rightly attracted criticism from asylum seeker advocates, human rights organisations and the public. Now the Coalition’s one-upped itself, with today’s announcement targeting the approximately 30,000 asylum seekers currently in detention – or, as Liberal leader Tony Abbott called them, the ‘old arrivals’.
Here’s a sample of the preamble to this policy announcement:
‘Illegal arrivals … if you can’t stop the boats, you’re not capable of governing this country … stop the boats … stop the boats … 30,000 who have come illegally by boat … we’ve always said people who come illegally by boat will not be granted permanent residency … those who come illegally by boat will get Temporary Protection Visas … come illegally … people who are here illegally by boat’.
That was in less than three minutes.
Of course, none of that was news to anyone who’s ever heard Abbott blow this particular dogwhistle. The Coalition runs on the theory that a lie repeated often enough will be accepted as truth. Asylum seekers who come by boat are not ‘illegal’. They are referred to in both international treaties and our Department of Immigration and Citizenship as ‘irregular’ or ‘unauthorised’ maritime arrivals:
‘The preferred terms for boat arrivals as used by the Department of Immigration and Citizenship (DIAC) are ‘unauthorised boat arrivals’ or ‘irregular maritime arrivals’ and, as noted above, people arriving by such means who then claim asylum are entitled to do so.’
Not that this has ever deterred the Coalition from pushing their lie. And yes, it is a lie. Coalition members, including Abbott, have been repeatedly informed of the truth, and deliberately choose not to speak it.
To return to today’s announcement …
The Coalition apparently decided that putting in place new policies to deal with further arrivals wasn’t enough. It announced retroactive strategies aimed at clearing out what it described as a ‘legacy backlog’ of asylum seekers waiting in detention centres for their claims to be processed. Kicking off with a paraphrase of former Prime Minister John Howard’s infamous slogan – ‘This is our country and we determine who comes here‘ – Abbott described what would happen to those 30,000 people (who, he asserted, were hoping for a Labor victory so that they could settle here permanently).
Their claims will be ‘fast-tracked’, under a ‘triage’ system. What that boils down to is that after a fast pass, anyone who might not be granted refugee status would be quickly processed, have their claim looked over and then ‘put on a removal pathway’. This includes anyone in community detention; if, during ‘triage’, they appear likely to be denied refugee status, they would be immediately returned to detention centres.
After that, ‘likely’ claims would be processed. Anyone finally granted refugee status would be given a Temporary Protection Visa for up to three years, assessed on a case by case basis. For the entirety of that time, TPV holders who were granted a welfare payment would be required to be in a Work for the Dole program. They would also be denied family reunion.
When their TPV expired, their refugee claims would be assessed again and if a Coalition government decided they no longer had any fear of persecution, they would be deported.
Almost as an aside, the Coalition’s Immigration spokesperson, Scott Morrison added that anyone even suspected of throwing away identifying documents would automatically be denied refugee status. ‘They won’t just go to the back of the queue,’ he said. ‘They won’t be in the queue at all.’
The final part of this ‘streamlined’ process would be the abolition of the Refugee Review Tribunal. Abbott noted that under the current system, 80% of those initially denied refugee status had their cases overturned on appeal. ‘That’s why Australians are questioning whether this a fair system,’ he said.
In response to questions, Abbott said he was confident that this plan, together with Operation Sovereign Borders, would see the number of boats drop to three per year by ‘well into’ his first term, certainly by 2016. He described this as ‘the happy situation that was brought about by the Howard government’.
There is nothing, nothing happy about this.
This is a system designed to do only one thing; kick as many people as possible out of Australia. It’s not intercepting a boat and processing asylum seeker claims offshore, or even settling people offshore. It’s targeting people who are already here.
And why? Purely so that the Coalition can say it’s ‘fixed the boat problem’. Not only will they stop the boats, they’ll punish those who already got here by boat. Asylum seekers would be entirely at the mercy of a system for which there is no independent oversight, no independent review, no recourse to even the most basic of rights.
DIAC would not have to prove that someone deliberately destroyed documents; it would be enough to be suspicious.
The ‘fast-track’ process (which Abbott likened to the system under Howard) virtually guarantees that grievous mistakes will be made, potentially sending people back into situations that would endanger their lives – but neatly avoiding the accusation that we are breaking our non-refoulement obligations, because after all, it was a mistake. Oops.
Even if someone is found to be a refugee, they would have no opportunity to build any kind of life here in Australia. Assuming they would qualify for welfare, they would need to work for the pittance they’d receive. (Funny thing – if you have to work for it, it’s hardly welfare.) It sets up a whole new lower class who would be dependent on relatives or charity organisations just to survive.
Perhaps they could serve in Abbott’s Green Army.
The Coalition knows what it’s doing. Morrison said, ‘We want to end the process where “no” becomes “yes” under an appeal’.
You read that right. The Coalition doesn’t want there to be any chance that a decision made by DIAC might be found to be wrong.
Morrison added, ‘The UNHCR says you don’t have to have both judicial and administrative processes’. The Coalition wants to go back to a pure administrative system; ‘it works better for us,’ said Morrison. ‘We’re not obliged to give [asylum seekers] the same rights as we are our citizens’.
There you have it. And while it’s possible there could be more inhumane asylum seeker policies, short of actually locking people up in the equivalent of Abu Ghraib, it’s hard to see how.
And yet Scott Morrison says the Coalition will deal with people ‘in accord with basic human decency’.
And yet Tony Abbott says the Coalition will ‘discharge its humanitarian obligations’.
This plan is neither ‘decent’ or ‘humane’. And for Abbott to describe it as bringing about a ‘happy situation’?
Words fail me.