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What are Australia's obligations to refugees? Under the Convention Relating to the Status of Refugees, Australia is required to ensure that it 'respects and protects the basic human rights of non-citizens within its territory, regardless of immigration status' and that it 'accords refugees within the meaning of the refugee convention all additional economic, social and other rights to which that convention entitles them' and ensure that 'those non-citizens it chooses to remove from its territory are not exposed by such removal to harm from which they are entitled to be protected.' (Taylor, 2000, 11). As one strategy for limiting the rights of refugees, Temporary Protection Visas (TPVs) were introduced by the Australian government on 20 October 1999, although they had been used by the then Department of Immigration and Multicultural Affairs (DIMA, now DIMIA) as early as August of that year. The TPV legislation reduces the numbers of people who in other circumstances might be eligible for a permanent visa with full enjoyment of rights as required under the Refugee Convention. TPVs enshrine into law a situation where a person can be recognised as a refugee by the standards of the 1951 convention, but then differentiated from other refugees simply due to their method of arrival. Thus their method of arrival, rather than the experiences that led them to seek refuge, is used as the criterion for determining whether or not a refugee is genuine. An unfair distinction is made between people who are eligible for permanent residency and those who are only eligible for a TPV. A person on a transit visa who lies about their intentions in coming to Australia is treated as more legitimate than someone who makes their intention clear from the outset. Who falls into the temporary protection visa category? All refugees who arrive in Australia without a valid visa will be placed on a Temporary Protection Visa. This includes people who have fled persecution, famine or war without first obtaining formal travel papers or passports. It also includes refugees where there was no immigration queue to join, or Australian consulate available to process visas, such as in Afghanistan, and anyone who has spent more than seven days in a 'safe' country. The Australian Government has determined New Guinea and Nauru to be 'safe'. They will never be eligible for permanency, although they can apply to renew a TPV after three years in Australia. What are the conditions of Temporary Protection Visas? A Temporary Protection Visa (TPV) is usually for three years and is not necessarily renewable. This makes it exceptionally difficult to make plans, commit to housing, work, and so on, when refugees don't know if they will be forced to leave Australia in three years. A person on a TPV is excluded from the Family Reunion Scheme. Families therefore remain separated. Holders of TPVs cannot exit and re-enter the country without their visa being cancelled. This means a minimum of a five year separation from family, as it takes a minimum of two years to process family reunion applications. The boat, SIEV-X, which sank near Australia in October 2001, was filled mostly with mothers and small children making desperate attempts to reach their husbands and fathers on TPVs in Australia. If TPV holders need to leave Australia because of a family emergency, their visas are cancelled and they forfeit any chance of returning to Australia. After three years they need to reapply, and the onus is on them to prove that the situation in their home country has not changed so that they are still at risk of persecution. TPV holders are eligible for rent assistance, emergency accommodation, Medicare and work rights. They receive a Special Assistance Allowance of approximately 90 per cent of unemployment benefits. However, unlike other refugees, they are not entitled to settlement services such as financial advice, housing assistance, and referrals to support services. This has led to ill-feeling amongst the community, who feel that scarce resources are being diverted to people they have been encouraged to see as undeserving. Refugees on TPVs are not eligible for financial support in buying furniture or paying a bond. They do not have access to temporary housing services or English classes. Moreover, former Immigration Minister Ruddock warned community groups not to use DIMA money to help TPV holders. (See USCR Report on Australia) Why are these visas unjust? Temporary Protection Visas enshrine discrimination between refugees, as TPV status emphasises how the refugees travelled to Australia, rather than on the reason for their becoming refugees. Media and government representatives refer to 'genuine' refugees processed through the traditional channels and demonise others as 'illegals,' 'queue jumpers,' 'not the kind of people we want.' This creates a perception in the Australian community that refugees arriving by boat are unethical, even criminal, and not deserving of more welcoming, supportive treatment. It also makes these groups' ability to be accepted into the wider community much more difficult. They have been branded nationally as dangerous, reckless, not showing real concern or care for their children. For example, a scandalous lie was disseminated that they threw their children overboard. Boat arrivals have shown their desire to enter Australia. Permanent status would enable them to join Australian society as full contributors rather than as marginalised and impoverished undesirables. This legislation excludes the most vulnerable from basic social services and raises both legal questions about Australia's capacity to fulfil its obligations under international treaties and moral questions relating to deliberate social exclusion and inhumane treatment of asylum seekers. References: |