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ESSAY: WELCOMING THE STRANGER – WHY WE STAND AGAIN-THE NEW IMMIGRATION LEGISLATION

Dr PETER CATT and Sr BRIGID ARTHUR, of the Australian Churches Refugee Taskforce, outline their opposition to Australia’s new immigration legislation which includes a return to Temporary Protection Visas…

In the early hours of the morning, long past the scheduled end of business for the Senate, the Asylum Seeker Caseload Bill* was passed after the Coalition Government secured the support of key crossbenchers.

The legislation is draconian, with virtually unfettered powers now bestowed upon the Minister for Immigration and Border Protection, including powers to disregard the rulings of the High Court, render stateless babies who are born to those seeking asylum, intercepting boats and towing them to any designated area, and condemning refugees to a life in limbo through Temporary Protection Visas.

“Our position on the Bill has been steadfast since its introduction in September: laws that do not acknowledge the inherent dignity of all people, especially the most vulnerable amongst us, must not be permitted. As Christians, the moral imperative to welcome the stranger could not be clearer, and yet our cries for justice ultimately fell on deaf ears.”

The government offered ‘sweeteners’ to engender support for the Bill, including the release of the 106 children detained on Christmas Island, raising the humanitarian intake to 18,750 places by 2019, and permitting work rights for refugees living in the community. 

Any joy in these positive moves, however, is dulled by the fact that those on Christmas Island and the thousands living in the Australian community who have been awaiting processing of their refugee claims will now face a much more difficult process to verify their refugee status, and many will be sent back to their country of origin where they face near-certain persecution. Those who are permitted to stay will never be awarded a permanent protection visa – a flagrant violation of our commitments under international refugee law.

Our position on the Bill has been steadfast since its introduction in September: laws that do not acknowledge the inherent dignity of all people, especially the most vulnerable amongst us, must not be permitted. As Christians, the moral imperative to welcome the stranger could not be clearer, and yet our cries for justice ultimately fell on deaf ears.

Temporary Protection Visas, a cornerstone of the new legislation, had devastating impacts on refugees when they were last used. We saw an increase in women and children boarding boats as it was the only hope they had to stay together. Those here in Australia – and the 32 unaccompanied children on Christmas Island – must now face the fact that they will never be reunited with their loved ones. Denying family reunification under this law is a shocking denial of the centrality of a loving family unit to people already traumatised by war and persecution.

Since this government came to power, refugee and asylum seeker policy has been cloaked in secrecy. Even ascertaining accurate numbers of those detained – particularly in offshore centres such as Christmas Island – has been challenging. 

While the Government has proudly proclaimed they have “stopped the boats”, the UNHCR representative in Indonesia, Thomas Vargas, has confirmed that at least 100 boats have departed for Australia in recent months. We may never know the fate of those onboard, but we do know that passing this legislation has condemned tens of thousands of refugees to a life devoid of hope, compassion, and the fundamental human rights owed to them.

The Very Rev’d Dr Peter Catt is chair of the Australian Churches Refugee Taskforce and Sr Brigid Arthur is vice-chair.

* The Bill was formally passed as the Migration and Maritime Powers Legislation Amendment (resolving the Asylum Legacy Caseload) Bill.

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