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Australia: Howard government cynically tweaks
its anti-refugee policy
By Mike Head
31 August 2004
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In a partial about-face reeking of hypocrisy and electoral
calculations, the Howard government last week announced that it
would allow more than 9,000 refugees living in Australia on three-year
Temporary Protection Visas (TPVs) to apply for permanent residency
visas. After depriving TPV holders of every basic legal and democratic
right for the past five years, since introducing the temporary
visas as part of its anti-refugee measures in 1999, the government
was claimingon the eve of calling a federal electionto
welcome asylum seekers.
Refugees on temporary visas have to apply for the renewal of
their status every three years, never certain of the outcome.
This insecurity has made it extremely difficult to obtain decent
work and accommodation. Despite being recognised as refugees fleeing
persecutionmostly from Iraq, Iran and Afghanistanthey
have been barred from bringing their spouses and children to Australia,
placing them under continuing personal strain. They have no right
to leave the country, even to visit their families or dying relatives,
without being denied reentry.
Moreover, they have no political or social rights. They cannot
vote or draw social security benefits, except for a Special Benefit,
which is stringently means-tested and reviewed every 13 weeks,
making a mockery of their right to security and protection under
the international Refugee Convention. The Convention explicitly
prohibits the use of such measures to deter asylum seekers from
seeking to enter a country.
Rather than abolishing the TPV regime, however, the government
is, in the words of Immigration Minister Amanda Vanstone, tweaking
it. While some TPV refugees might qualify for student or spouse
visas, most will have to seek places under the Regional Skilled
Migration Scheme, for which they must live in rural areas and
hold a job there for 12 months. Even then, there is no guarantee
of acceptanceskills, health and sponsorship tests must be
satisfied.
Those who fail to qualify will remain on TPVs. Hundreds of
the temporary visas are about to expire and may not be renewed.
Rather than possibly deport hundreds of TPV holders to the war-torn
Middle East in the lead-up to the election, Vanstone announced
that they could also apply for a new Return Pending Visa (RPV).
These visas would give them 18 months to either leave Australia
or qualify for a permanent immigration visa before being deported.
While Vanstone presented the shift as evidence of the governments
generous and humanitarian approach to
refugees, it is primarily designed to give rural employers access
to a captive cheap labour force. She specifically emphasised that
those expected to be granted visas were working in lower-skilled
positions and, most importantly, engaged in seasonal
work. Accordingly, refugees may qualify if they work for
several employers during a yearpermitting itinerant harvesting
workand those with poor English and those aged over 45 may
be accepted.
Combined with existing regional-specific immigration programs,
the new scheme will give rural employers access to virtual indentured
labourers, who cannot quit their job or reject any terms and conditions
for fear of losing their last chance of gaining residency. They
will be forced to live in regions where populations have declined,
precisely because of poor job prospects, low pay and the steady
deterioration of basic services.
Thousands of TPV holders are already working for low pay as
fruit pickers and abattoir workers in regional areas. Farm lobby
groups, meat processing companies and other businesses have been
demanding the policy modification for months in order to avoid
losing highly-valued workers.
As well as accommodating to pressure from businesses, Vanstones
announcement is another indicator of a deepening of popular sentiment
against the government. As recently as January this year, the
government refused to allow TPV holders to apply for new visa
categories introduced at that time to tie immigrant workers to
regional employers. But in regional and country towns, as well
as throughout the major metropolitan centres, ordinary people
have become increasingly opposed to the TPV system. In some cases,
they have formed close friendships with refugee workmates and
families.
Among the asylum seekers now eligible to seek permanent residency
are those whom, during the last federal election campaign in 2001,
Prime Minister John Howard and key ministers vowed would never
be allowed to set foot on Australian soil. Refugees were demonisedaccused
of throwing their children into the ocean and of being likely
terrorists. Naval warships were deployed to turn back their boats
or transport them to detention camps on isolated Pacific islands.
Vanstone boasted that the government was now in a position
to modify the TPV system, because it had stopped further refugee
boats arriving. The governments main deterrent
proved to be the sinking of one boat, codenamed the SIEV X (Suspected
Illegal Entrant Vessel X), which went down in the waters between
Indonesia and Australia on October 19, 2001drowning 353
people, including 150 children. Among the victims were at least
five women and 13 children who were forced to embark on the perilous
journey as the only way to join their husbands and fathers in
Australia. The men had arrived by boat earlier and won refugee
status, only to be told that, under the TPV conditions, they could
not apply for family reunion visas.
A study conducted at RMIT University last year into the experiences,
well-being and prospects of TPV holders found that they suffered
continuing despair, depression and deep uncertainty. Family separation
was the primary cause of distress, followed by discrimination
from employers and landlords in the private rental market, and
difficulties in obtaining affordable and culturally appropriate
medical care. The study recommended the abolition of TPVs.
Refugee advocacy and church groups have condemned the government
for not scrapping the TPV system altogether, and for restricting
the revamped scheme to refugees already living in Australia, not
future arrivals. They pointed out that the changes discriminate
against the jobless and all those in capital cities.
Uniting Justice national director Elenie Poulos commented:
Under the governments changes, vulnerable TPV refugees
who have not been able to work and who do not have family or close
community connections are unlikely to obtain a visa. The needy
and vulnerable are likely to be left unaffected... The attempt
[by government ministers] to portray themselves as a caring government
lacks credibility as long as they continue to espouse policies
that deter and punish people fleeing persecution and harm.
The Labor Party, however, welcomed the changes, while pointing
to the hypocrisy of the governments belated u-turn. In January,
Labors annual conference defeated calls for the scrapping
of TPVs, instead proposing to shorten their length to two years.
Responding to Vanstones announcement, shadow immigration
minister Stephen Smith described Labors model as sensible
and fair.
See Also:
Australia: Howard's 2001 election lies
return to haunt him
[25 August 2004]
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