ImmigrationHUMANITARIAN PROGRAM

Julia Fimiani

Definition Immigration: act of coming to a foreign country with the aim of settling there. Area of immigration is quite broad, with many regulations relating to the many different areas of

immigration. These laws can be found in The Migration Act 1953. Australia takes on migrants from three major streams: skill, family and the humanitarian program. Humanitarian program provides resettlement for people who have been displaced from their countries as

a result of serious discrimination or gross violation of human rights. Unlike migrants who can return to their country of origin, refugees are unable to return for fear of being persecuted. Also leave their countries because of war or natural diasters.

Offshore program: when people apply for visas before they come to Australia Onshore program: people who apply for a protection visa whilst in Australia. Refuges are referred to as asylum seekers once they make an application to stay in Australia. Australia may grant permanent or temporary visas to: • People (that are not yet in Australia) who have been identified by the United Nations High Commissioner

for Refugees as being in a certain circumstance that requires resettlement. • People living outside their country of origin in fear of persecution and have an Australian citizen or

organisation willing to sponsor and support them in Australia• People who arrive in Australia legally then apply for asylum• People who arrive in Australia illegally and then apply for asylum. If a person has arrived illegally or overstayed their visitor’s visa, they will be detained in a detention

centre until their application for refugee status is approved. Then they will be given a temporary 3 year visa before they can apply for an extension or a permanent visa.

If their application is declined, government will organise for them to be deported, or the person can appeal to the Refugee Review Tribunal or the Administrative Appeals Tribunal.

Purpose of the law To provide protection and resettlement for those who live in

fear of being persecuted and no longer able to reside in their own country.

Laws regarding detention of unlawful non citizens are put in place to give these people a place to stay while they sort out their circumstances and to protect the rest of the community as they can be seen as a potential threat.

Being a participant of the 1951 United Nations Convention relating to the Status of Refugees (and it’s Protocol in 1967) requires Australia to protect refugees who have sought asylum.

1951 Refugee Convention

Fulfilling its purpose Adequately provides protection for refugees seeking asylum to Australia, as set out

in the 1951 United Nations Convention relating to the Status of Refugees. According to the UNCHR the majority of refugees living in Australia came from Iraq

(5,945) followed by Afghanistan (4,933) Can argue that it is not fulfilling it’s purpose adequately as Australia isn’t accepting

many asylum seekers, thus not providing these people with a fresh start. In 2008 4,750 asylum seekers were accepted by Australia which is not much compared to the 36,00 accepted by Italy, 36,900 by Canada and 30,500 by Britain.

Conflicting attitudes in society Intense media coverage of cases such the Cornelia Rau case and the case of Vivian

Alvarez Solon - who was incorrectly deported to the Philippines - has created debate and conflict regarding the Department of Citizenship.

The Palmer Inquiry (conducted by former Federal Police Commissioner Mick Palmer)found that there were serious cultural issues within the Department.

Prior to the Rudd Government, the ‘Pacific Solution’ was in operation. This was a policy, which ran from 2001-2007 that saw asylum seekers who arrived by boat sent out to detention camps on islands in the pacific to be checked for refugee status.

Many groups, such as Amnesty International and refugee rights groups, criticized this policy and it eventually led to Kevin Rudd fulfilling his pre election promise of abolishing the policy.

Sri Lankan boat peopleProtesting for justice for Vivian Alvarez Solon

Effectiveness in meeting the needs of society and contributing to social cohesion The laws are effective in meeting the needs of society as they set out clear guidelines on how

refugees are to be handled and how they apply to become citizens of Australia. The laws also explain the consequences for those who enter the country illegally, thus providing

Australia with protection as they could be seen as a threat. Many would argue that the arrival of refugees doesn’t contribute to social cohesion as many

become involved in violence and crime once they arrive in Australia, however there are many agencies operating that assist in resettlement.

It can also be extremely difficult for new citizens to settle into the country due to the language barrier and the cost of living.

Yet when these refugees arrive, with them they bring their customs and traditions which add to Australia’s multicultural society.

Bhutanese refugees at Auskick in Albury-Wodonga Ethiopian women in

Brisbane

Case studies: Rau Case Cornelia Rau, German citizen and an Australian permanent resident was

unlawfully detained in North Queensland by police in late March 2004 and then held in detention as a suspected illegal immigrant until early February 2005.

17th of March, 2004, Rau (who is mentally ill) discharges herself from Manly Hospital and disappears. She arrives in North Queensland on the 29th where locals become concerned for her safety.

31st of March, Rau tells police that she is Anna Brotmeyer, a German Tourist. She is into custody as a suspected illegal immigrant.

Police are unable to identify her and in April they hand her over to immigration officials.

From April to September, Rau is detained in a Brisbane prison and calls herself Anna Schmidt.

October 5th she is transferred to the Baxter detention centre ( in South Australia) and spends time in isolation.

November, she becomes the focus of a missing persons appeal by NSW police. February 2005 she is identified by her brother Chris Rau, who says she has

schizophrenia. She is then released on February 4th and taken to the Royal Adelaide Hospital's psychiatric unit.

As a result of this, the government ordered an inquiry into the case (the Palmer inquiry).

In 2008, Immigration minister Chris Evans said that Rau had accepted an offer of compensation after a three year fight.

Cornelia Rau

Bibliography Beazer, M & Gray, J. 2008 Access and Justice Legal Studies Units 1 & 2, 9th edition,

Oxford University Press, Australia http://en.wikipedia.org/wiki/Convention_Relating_to_the_Status_of_Refugees http://www.refugeecouncil.org.au/arp/stats-02.html http://www.unhcr.org/pages/4a0174156.html http://www.actnow.com.au/Opinion/Refugees_dont_deserve_detention.aspx http://www.asrc.org.au/act_now/changes-to-mandatory-detention.htmlm http://en.wikipedia.org/wiki/Cornelia_Rau http://www.aph.gov.au/library/Pubs/RB/2004-05/05rb14.pdf http://www.theage.com.au/news/Immigration/How-a-mentally-ill-woman-danced-

her-way-to-detention/2005/02/11/1108061874523.html

http://www.refugeecouncil.org.au/arp/stats-01.html http://www.immi.gov.au/

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