January 2009 - policy progress report for 2008

1. Abolish Temporary Protection Visas ? Achieved.

The Temporary Protection Visa regime ended in October 2008. The sector further recommended that this change should also apply to the THV (subclass 786) visas. The Minister announced this change would apply to that class on 17 November. This step will have a profound positive effect on many traumatised refugees living in our community.

2. Ending the Pacific Solution ? Achieved. With a caveat re Christmas Island.

A Just Australia commends the Minister?s swift closure of the Nauru ?Pacific Solution? which was a shameful, expensive and futile policy for Australia.

However, AJA is opposed to excision laws that restrict legal rights and the use of remote detention such as on Christmas Island. The current policy means we have an ?Indian Ocean? solution, as asylum seekers processed here under excision laws face fewer legal rights than on the mainland, with much more limited oversight of conditions in remote centers, and service delivery remains problematic.

3. Long-term detained asylum seekers ? some change

There have been moves to resolve cases of the long-term detained: by either finalising visa status or remaining cases being considered for bridging visas or community detention. In July 2008, the New Directions in Detention policy was announced which stated that detention would be used for the shortest period, would be only to establish identity or manage health/security risks, and detention longer than 6 months would be subject to review by the Ombudsman.

This is a good start to moving the detention regime towards an approach where people should not be detained if there is no benefit to the Australian public to have a person in detention (posing a health or security risk.)

However, these reforms are not even paper deep as they not enacted into legislation. This means they can be reversed at any time without debate. The Ombudsman has no power to order release when detention is unnecessary, and 6 months is far too long to detain a person before this review occurs. Additionally, children ARE being detained in ?residential housing projects?, which are mini-detention centres placed next to the main IDCs.?

Australia needs codified time limits on detention, with external review that has the power to order release when required. We also need codified minimum conditions for detention ? as done for prisons but not for immigration.

4. Work rights for Bridging Visas (45 day rule) ? Achieved. Policy to be implemented April 2009

While the exact regulations are still being drafted, the policy is that every person who applies for a protection visa while on a current visa, or can show good cause why they delayed their application, will be granted work rights that will remain during primary and all review stages, including Ministerial intervention.

5. Ministerial Intervention -?some achievement.

Some changes have been made to improve Ministerial Intervention rules, with future reforms planned to put some powers back into the hands of DIAC. A Complementary Protection policy will be implemented in late 2009 or 2010.

6. Family Reunion for former TPV & THV holders ? Achieved

With the abolition of TPVs and THVs, these refugees will now be eligible for family reunion.?We understand that the Department is considering mechanisms to give priority to applications from former TPV holders who have already been waiting for many years. This is a positive initiative.

7. Halt of negative language ? Achieved

A Just Australia notes that public statements by the Minister and the Department in 2008 has not involved any negative language or cultural stereotyping that existed under previous Ministers. We congratulate the Minister for his inclusive and positive public statements.

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