Australian Government's treatment of asylum seekers criticised
UN slams temporary protection ruling
Cath Hart
November 21, 2006
THE UN High Commission for Refugees has criticised the Howard Government's temporary protection scheme for asylum-seekers, questioning whether it is in breach of Australia's international obligations.
The criticism by the peak refugee agency was sparked by a 4-1 ruling in parallel cases in the High Court last Wednesday that backed the Government's attempts to deport two Shia Muslim refugees who fled Afghanistan in 1999 fearing persecution from the Taliban.
The Government successfully argued that the men's applications for further protection should be rejected because the Taliban, the original source of their fear, had been deposed by coalition forces, including Australian troops, in late 2001.
The decision, which has set a precedent, will make it easier for the Government to deport refugees on temporary protection visas in future.
The UNHCR also slammed the High Court decision, saying it was not in the spirit of the law and could affect the futures of more than 1000 people officially recognised as refugees in Australia.
The peak refugee agency was so concerned about the ramifications of the ruling -- in Australia and abroad -- that in June it took the unusual step of intervening in the case, acting as amicus curiae for the first time in an Australian court. In a statement yesterday, released after analysis of the judgment by the UNHCR's head office in Geneva, the agency said the decision did not reflect the spirit of the 1951 Convention on the Status of Refugees.
Neill Wright, regional representative of the UNHCR, said yesterday the decision supported a regime "that creates uncertainty on the part of refugees, postponing unnecessarily solutions to their displacement, as well as their integration into society".
"The current system of temporary protection visas detracts from the Australian Government's otherwise commendable reputation for providing durable solutions to thousands of refugees in need of international protection," Mr Wright said.
More than 630 asylum-seekers from countries such as Afghanistan, Iraq, Iran and Sri Lanka who are in the process of applying for further protection now face a higher risk of deportation.
The decision will also have a bearing on 17 litigation cases and 10 matters before the Refugee Review Tribunal.
Immigration Minister Amanda Vanstone did not comment yesterday.
To read the original article from The Australian, click on:
The Australian
Cath Hart
November 21, 2006
THE UN High Commission for Refugees has criticised the Howard Government's temporary protection scheme for asylum-seekers, questioning whether it is in breach of Australia's international obligations.
The criticism by the peak refugee agency was sparked by a 4-1 ruling in parallel cases in the High Court last Wednesday that backed the Government's attempts to deport two Shia Muslim refugees who fled Afghanistan in 1999 fearing persecution from the Taliban.
The Government successfully argued that the men's applications for further protection should be rejected because the Taliban, the original source of their fear, had been deposed by coalition forces, including Australian troops, in late 2001.
The decision, which has set a precedent, will make it easier for the Government to deport refugees on temporary protection visas in future.
The UNHCR also slammed the High Court decision, saying it was not in the spirit of the law and could affect the futures of more than 1000 people officially recognised as refugees in Australia.
The peak refugee agency was so concerned about the ramifications of the ruling -- in Australia and abroad -- that in June it took the unusual step of intervening in the case, acting as amicus curiae for the first time in an Australian court. In a statement yesterday, released after analysis of the judgment by the UNHCR's head office in Geneva, the agency said the decision did not reflect the spirit of the 1951 Convention on the Status of Refugees.
Neill Wright, regional representative of the UNHCR, said yesterday the decision supported a regime "that creates uncertainty on the part of refugees, postponing unnecessarily solutions to their displacement, as well as their integration into society".
"The current system of temporary protection visas detracts from the Australian Government's otherwise commendable reputation for providing durable solutions to thousands of refugees in need of international protection," Mr Wright said.
More than 630 asylum-seekers from countries such as Afghanistan, Iraq, Iran and Sri Lanka who are in the process of applying for further protection now face a higher risk of deportation.
The decision will also have a bearing on 17 litigation cases and 10 matters before the Refugee Review Tribunal.
Immigration Minister Amanda Vanstone did not comment yesterday.
To read the original article from The Australian, click on:
The Australian
posted by Pax Christi @ Wednesday, November 22, 2006
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