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REFUGEES: 'Forum shopping',says Minister
12 June 2000
[This is the text of a letter, dated June13, 2000, received from the Minister for Immigration and Multicultural Affairs, PhilipRuddock, in reply to a letter expressing concern about Australian refugee policysent by UNAA National Administrator David Purnell on November 26, 1999, which isalso reproduced after the Minister's letter]
The Hon. Philip Ruddock MP
Parliament House, Canberra ACT
Minister for Immigration and Multicultural Affairs
Minister Assisting the Prime Minister for Reconciliation
Telephone: (02) 6277 7860 Facsimile: (02) 6273 4144
Mr D Purnell
National Administrator
United Nations Association of Australia Incorporated
10 O'Sullivan Street, HIGGINS ACT 2615
13 JUN 2000
Dear Mr Purnell
Thank you for your letter of 26 November1999 concerning illegal immigration and the new three-year temporary protection visafor unauthorised arrivals who are found to be refugees, The delay in responding isregretted.
The new visa is fully consistent with Australia'sobligations under the 1951 Convention Relating to the Status of Refugees. It is intendedto combat the increasing incidence of 'forum shopping' by asylum seekers. 'Forumshopping' occurs when a person ignores or abandons protection already available tothem and chooses to try to trade on refugee claims and obtain a migration outcomein a country of their own preference.
The alarming increase in unauthorised airand sea arrivals makes it clear that Australia is seen as a desirable destinationby both forum shoppers and highly organised people trafficking networks. Unauthorisedair arrivals have been increasing at a rate of some 40 per cent per annum in recentYears, with over 2,000 arriving in 1988/99, In 1998, 200 people arrived by boat.In 1999, some 3,700 arrived by that means. Most of these people are not fleeing tothe most logical place of protection - they are seeking out Australia as their preferreddestination for migration. Often they are giving up long standing protection alternativesin their own region to come to Australia. Most of these people dispose of their traveland identity documents before arrival in Australia.
The illicit traffic in people respondsquickly to word of mouth and perceptions about which destination countries representthe best deal. The increases in unauthorised arrivals by boat and by air reflectthe fact that Australia has a growing reputation as a desirable destination. Since1994, when immediate access to permanent residence was introduced for refugees inAustralia, the commercial saleability of Australia as a people smuggling destinationhas been very high. Permanent residence and the family reunion rights that flow fromit have clearly been a major attraction for choosing Australia as a destination.
The real question we must ask ourselvesis whether we are prepared to stand by while smugglers arrange for Australia's resettlementcontribution to be taken up by forum shoppers or should we try to retain those placesfor people in most need. The Australian Government is firmly committed to protectrefugees in genuine need but we cannot allow Australia's generous asylum arrangementsto be exploited by those who are actively choosing their preferred country of residenceat the expense of people in need overseas - people who may have no alternative butresettlement.
The decision to provide unauthorised arrivalsfound to be refugees with access to temporary. residence only, in the first instance,is fully consistent with our fundamental obligations towards refugees. It providesthem with the protection required under the Refugees Convention. They have work rights,access to special benefit and are able to gain access to Medicare. After 30 months,if they are found to still need protection, they are eligible for permanent residence.
For those people who enter lawfully andseek refugee protection, Australia continues to be more generous than the RefugeeConvention requires by providing immediate access to permanent residence to thosefound to be refugees. Treating refugees differently, depending on whether they arrivelawfully or unlawfully, does not mean that we are penalising unauthorised arrivals.What it does mean is that we are being more generous in cases where people play bythe rules of international protection arrangements and who comply with Australia'slaws.
In addition to the new three-year visa,the Government has introduced other complementary legislation, which will ensurethat persons who have refugee protection elsewhere are barred from accessing Australia'srefugee protection system.
These new initiatives are being extensivelypublicised through Australia's overseas Embassies and Visa Offices, as part of aglobal information campaign aimed at deterring would be illegal entrants. The measuresare expected to go a long way towards solving the problem of forum shopping, andremoving the incentives for unauthorised arrivals to actively seek protection inAustralia when alternatives are available to them.
Thank you for bringing your concerns tomy attention.
Yours sincerely
Philip Ruddock
[This is the text of a letter sent by theNational Administrator of UNAA in November, 1999, to which the Minister for Immigrationand Multicultural Affairs has replied above]
UNITED NATIONS ASSOCIATION OF AUSTRALIAIncorporated
Member World Federation of UN Associations,Geneva
Patron: Sir William Deane AC KBE Governor-General of the Commonwealth of Australia
UNAA National Administrator David Purnell
10 O'Sullivan St Higgins ACT 2615Tel (612) 6254 1111Fax ( 612) 6254 6797
26 November, 1999
Hon Philip Ruddock MP
Minister for Immigration
Parliament House ACT 2600
Dear Minister,
I write on behalf of UNAA to express concernat the official response by the Government to the arrival of illegal immigrants onAustralia's shores, and in particular to the visa restrictions to be imposed on refugees.UNAA affirms the importance of the international instruments approved over the yearsthrough the United Nations relating to refugees and believes that Australia shouldadhere to the letter and spirit of those instruments. In particular, the RefugeeConvention 1951 emphasises the principle of not returning people to places wherethey have a well-founded fear of persecution. Australia should have policies thatdo not contravene that emphasis.
UNAA recognises the level of anxiety feltin the Australian community about the way some asylum seekers have been exploitedby "people-smugglers" and the wish to ensure that those who use legal avenuesare protected and given priority. There is thus a question of how an appropriatebalance can be struck between deterring illegal arrivals and showing compassion forthose in real need of assistance. It is UNAA's view that the current response tothe situation errs on the side of deterrence at the expense of justice for thoseseeking asylum here, In addition, the response raises questions about Australia'sadherence to its international obligations as a member of the United Nations.
UNAA believes that there will continueto be pressures upon many countries as a result of the disruption caused by war,poverty and natural disaster. Australia needs to work out a comprehensive responseto this situation. Options include reviewing the immigration policy so as to be moregenerous in accepting newcomers legally, speeding up processing procedures for immigrantsand refugees, add working with other countries to develop coordinated strategiesto tackle the causes of massive flows of people across borders.
Yours sincerely,
David Purnell (National Administrator)
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