Tea said:
The problem, Buck, is not actually with the Woomera detention centre. It is with our stupid legal system.
I think this is one of the few topics where we are poles apart, Tony.
There is no "sense of miguided fair-play" - if anything, the system as it stands may be illegal from an international law standpoint.
I disagree vehemently with Australia saying that it should be free of UN "meddling" in its legal system where it touches on issues of international concern. There are a series of international laws that Australia of its own free will signed and agreed to be bound by. These laws need to stand in some form or other or international relations becomes an anarchy and we all go back to the dark days of protectionism and xenophobia. The time to object to the UN charters was back in the 40s and 60s when they were drafted, not now. There is a process to update the agreement as circumstances change, that process does not include going to the press snivelling and whining like a spoilt brat caught doing something wrong. It's demeaning and it makes us no better than places like Libya and the African dictatorships.
I agree with your underlying point that it takes far too long for Australia to decide on a refugee's status. Being in the carrier business I reckon there should be an SLA - say three months - and then your case is determined one way or another. Given the present government I'd like there to be an independent system of appeal, but I'd like that to be the final port of call. One appeal on your case, then you abide by the result.
Any normal country would have sent these people home long since. Our else decided to let them stay, once and for all. Or real problem is that we are far too soft and allow illegal immigrants to stay on almost forever, just so long as they are spending vast sums of our money on yet another court hearing.
As soon as you start denying people the due process of justice that they are entitled to, you go down a path where I will not follow.
The most recent case to hit the headlines involves a man who is "afraid to go back to Afganistan in case the Taliban get him".
You have to consider the source of the story, Tony. The Australian public on the whole is easy to feed information to because by and large the media does not look below the surface of a story.
That's not to say the story isn't true, but I'm always suspicious of these sorts of obviously silly stories.
There are only so many places to go around each year. For every illegal immigrant we let in, there is a genuine, legitimate immigrant that gets unfairly excluded.
This is just bizarre, you're just not thinking rationally.
1. There is no such thing as an "illegal immigrant" until their case has been determined. It is enormously prejudicial and morally reprehensible that as soon as refugees arrive in Australia they are branded illegal immigrants, but very typical of the current government.
2. If a refugee has been let in to Australia, in other words if they have a legitimate claim on refugee status, they are not an "illegal immigrant." They are a full immigrant. Now, two years ago at that stage they would also be entitled to stay in Australia with any immediate family (spouse, children) they brought in with them. This is now no longer the case, creating situations where families are torn apart and the immigrant must start another process to apply to be rejoined by their family. Disgraceful, and even if the moral side of this doesn't repel you the waste of time and resources should.
3. I see you have bought into the "queue" theory. There is no such thing. There are a limited number of refugee places available, yes, but it is rare indeed that we fill it. There were about 4,100 refugees
that arrived by boat in 2000-01 and about another 1,500 by air. Given that temporary protection visas were issued to 4,456 people in 2000-01 :
http://www.immi.gov.au/facts/64protection.htm said:
In the program year 1999-2000, there were 871 TPVs granted with 4456 TPVs granted in the 2000-2001 program year.
A further 3082 TPVs have been granted in the current program year to 31 May 2002.
... we find that almost exactly 80% of those that arrive here in an unauthorised manner are found to have sufficient cause to have done so and a legitimate reason to stay, even if it is on a temporary, three year basis. In other words, overwhelmingly these so-called "illegal immigrants and queue jumpers" are found to be legitimate refugees. This doesn't even count those who are given permanent visas for one reason or another.
Note as you go around the immigration website how hard it is to find out how many people actually apply for refugee or humanitarian status in Australia from outside - if you can find it, let me know. However, this idea that potential refugees should meekly go along to their local Australian consulate (we no longer have consulates in most of the worst countries such as the Balkan, Afghanistan, Eritrea etc. anyway) and apply for a refugee visa while their lives are potentially in danger is really strange.
The correct answer is simple: close the detention centres and send illegal immigrants straight home. No ifs, no buts, no delays. Then we can focus on helping the genuine cases who apply through the legal channels instead of the queue-jumpers.
And how do you determine who is a legitimate applicant and who isn't? How does a poor family being perscuted by racial death squads in the former Yugoslavia travel to Vienna to apply for refugee status at the Australian consulate there, pray tell? Or Kurds in Iraq travel to Istanbul? It's nonsensical.