Asylum Seeker Solution?

I was recently put on to a blog by Henk Luf where he poses ways of dealing with asylum seekers that appear on the face viable, humane and sensible.  I don’t agree with all his measures but on the whole could provide better solutions than we currently possess in Australia.  If only the Leaders of all sides would stop using asylum seekers as political footballs and came to a sensible solution.

Here is the first couple of his suggestions:

AUSTRALIA’S ASYLUM SEEKER /REFUGEE PROBLEM EASILY FIXED.

While there is currently a great debate in Australia over how the country should deal with it’s asylum seeker / refugee problem this following the rejection by the High Court of the Labor regime’s ‘Malaysia solution’, the actual solution to the problem is in fact a fairly easy and indeed legal one both in international terms as well as domestically.

The basic outline would be as followed and would include measures to deal with people smugglers as well those illegally entering Australia by air as well as overstayers.

1. Those arriving by boat with their papers would be processed on Christmas Island initially and then complete the refugee process on the mainland. Upon their papers having been found genuine and once they have been found to be refugees they would then be released into the community on ‘temporary protection visas’ their final status to be determined by the UNHCR as to their safety within their home countries. This could mean that they could either be granted ‘permanent refugee status’ or be returned to their home countries should such a return be deemed safe. Only those granted ‘permanent refugee status’ and subsequently permanent residency and /or citizenship would have family reunion rights.

2.Those arriving without their papers would be held in detention on Christmas Island or another secure facility until such time that their identity has been established upon which they can then be transferred to the mainland and issued with ‘temporary protection visas’ should they be found to be genuine refugees. The process would be slower thus providing an incentive to keep hold to their passports or other identity papers.

3.Those found to be ‘economic migrants…

Read more here

(via http://worldevents1.wordpress.com/)

 

My initial thoughts on Henk Luf’s solutions:

1. The sentiment is right.  I think however, the use of the term Temporary Protection Visa may confuse some people and think the Howard TPV system is back.  Minor issue but still one.   I think too the issue of timing is important.  How long will be minimum times for custody etc…
2. Same as 1.
3. I think there always needs to be a chance for review.  Whisking people out of the country may be more expeditious but Immigration Department officials make mistakes and if there is no chance of review in Court then this goes against what our country stands for.  After all avenues for review are up I’m happy for the 48 hour deportation period to commence.  The problem is always going to be when the home country wont accept them back.  But that is another issue I suppose.
4. Automatic jail sentences of 7 years for operators of boats is too harsh a penalty.  They are generally paid very little to make the journey and would know their fate when caught.  This should tell you what state of mind they are in (dire economic).  And while they probably understand the illegality of their actions I think that their actions are not worse than Manslaughter, Grievous Bodily Harm, Unlawful Wounding and Rape offences which quite frequently receive lower than 7 years jail terms.  And these are certainly not mandatory minimums like that suggested.  Sure punishment must occur but it must fit the crime.
5. 15 years might the right penalty so long as is isn't a mandatory minimum.
6. Excellent idea
7. If an overstayer is not claiming asylum I have no problem with their deportation within 48 hours.  But there must be an avenue of appeal.  Time limits should apply to this however.
8. Same as 7.
9. Same as 7
10. Fine idea.
11. Fine idea.
12. Fine idea.  But more work should be done to develop cooperative approaches to catch these boats prior to leaving the point of origin.  Incentives should be given to have those countries prosecute and stop the boats leaving. 

 

 

A novel idea that many will probably hate*

Australia could set up refugee processing centres (living in the community) in places such as Indonesia to stop people getting on boats.  I don’t know the numbers of asylum seekers there but might stop them getting in a boat to come here.   We have to deal with them anyway and we want to “break the people smugglers business model” (*argh I hate that phrase).  This might just do it. 

 

* This is an idea trotted out without much analysis or research.