Lost in translation: resettling locally engaged Afghan staff

Image source: Department of Defence

Recent media reports indicate that the Taliban have killed an Afghan man who had worked as an interpreter for the Australian Defence Force (ADF) in Afghanistan. With the bulk of ADF personnel being withdrawn from Uruzgan, this provides a reminder of the dangers to Afghan nationals who have worked for Australian government agencies as locally engaged staff and again raises the question of what the Government is doing to assist.

Abolishing free legal advice to asylum seekers — who really pays?

Image source: unhcr.org

One week before the 2013 federal election, the Coalition announced that, if elected, it would no longer provide funding for free legal advice to asylum seekers who have arrived without a valid visa. The primary concern for the Coalition was clearly the increasing cost of providing this service. However, one month prior to the Coalition’s announcement, the Government had entered into a regional resettlement arrangement with Papua New Guinea which meant all future boat arrivals would be processed abroad with no access to the Immigration Advice and Application Assistance Scheme (IAAAS). Nonetheless, there are estimated to be in excess of 30,000 asylum seekers in Australia that will be affected by this proposed change.

A return to Temporary Protection Visas?

Image source: Australian Human Rights Commission

On 18 October 2013 the newly elected Coalition Government registered an amendment to the Migration Regulations 1994 providing for the re-introduction of Temporary Protection Visas (TPVs). Unsurprisingly, given their vocal opposition to TPVs, the Australian Greens have moved to disallow the Regulation. This FlagPost provides an historical overview of the TPV, and outlines the arrangements that will be in place should the new TPV system withstand the disallowance motion.

Immigration: We can choose our skills, but we can't choose our family

Picture source: DIBP

Whilst boat arrivals, asylum seekers, skilled permanent and temporary programs and even students have kept immigration featured in our politics and newspapers, family migration receives little share of public debate. This is intriguing as family migration is a bigger part of permanent migration than official planning levels would lead us to believe.

Migration Program planning levels fluctuate according to the political, social and economic imperatives of the government of the day. In the mid-1970s, the planned annual intake reached a low of 50,000 places and gradually climbed to the 1988 peak of 145,000 and then reduced to 80,000 by 1993.

Measuring success in skilled migration policy: the subclass 457 visa program

Image source: Wikimedia Commons

With the unemployment rate edging higher over the past year, and against a backdrop of high OECD unemployment, jobs will continue to be a focus over the next term of Government.

A new report by Monash University’s Centre for Population and Urban Research reveals that recently arrived migrants are dominating the growth in the number of employed persons in Australia. It also points to local young workers being adversely affected by the competition for employment, with a global pool of ‘job hungry temporary migrants looking for the same work’. According to the OECD, the young and the low-skilled will continue to be hardest hit across OECD nations through 2014.

Asylum seekers and refugees—how will they be affected by this year’s Budget?

It is expected that there will be several items in this year’s Budget directly affecting asylum seekers and refugees, some of which will require significant increases in expenditure. In particular, funding associated with the cost of intercepting and detaining irregular maritime arrivals (IMAs) is likely to increase significantly.

However, other recent Government announcements affecting asylum seekers and refugees will also require additional funding—most notably the Government’s decision to increase the number of places available under the Humanitarian Program and the decision to increase the family reunion stream of the Migration Program by 4000 places for humanitarian entrants (and remove access to family reunion under the Humanitarian Program for IMAs). This FlagPost provides background on the changes to the Migration and Humanitarian programs that will have flow on effects for asylum seekers and refugees, both offshore and onshore.

Asylum seekers, refugees and people smuggling—links to the key Parliamentary Library papers

The Parliamentary Library has recently released several new and updated papers on asylum seekers, refugees, boat arrivals and people smuggling.

Links to these papers are included below together with links to other research papers in related areas.

 

Temporary skilled migration and the 457 visa



Image source: www.liveinvictoria.vic.gov.au

On 23 February 2013, the Government announced that there would be changes to the temporary skilled (subclass 457) visa program to ensure that employers are ‘not nominating positions where a genuine shortage does not exist’ and that ‘employers give Australian workers a fair go’.

The changes listed on the Department of Immigration and Citizenship (DIAC) website, ‘Strengthening the integrity of the 457 program’, include the introduction of a ‘genuineness criterion’ and the removal of English language exemptions for certain positions. According to DIAC, it is envisaged that the changes (to take effect on 1 July 2013) will not affect the ‘vast majority’ of ‘genuine’ 457 visa applicants. 

Update on statistics for boat arrivals

The Parliamentary Library produces a number of publications about asylum seekers and immigration. The publication, Boat arrivals in Australia since 1976 provides a brief overview of the historical and political context surrounding boat arrivals in Australia. An update of the statistical appendix on boat arrival figures is provided below. Please note that the publication has not yet been formally updated.

A labour market for the resources sector – what are Enterprise Migration Agreements?

Image source: Western Australia Department of Mines and Petroleum

The use of temporary overseas workers to fill skills gaps in the Australian labour market has been commonplace over the last two decades. The subclass 457 visa was introduced by the Howard Government in 1996 specifically in order to meet the needs of employers looking for timely and flexible access to labour where it could not be found locally. There were 90 400 subclass 457 primary visa holders in Australia at 30 April 2012.

The Immigration Minister’s recent announcement that an Enterprise Migration Agreement (EMA), facilitating the recruitment of temporary overseas workers, had been granted to the Roy Hill project in the Pilbara appears to have taken many observers by surprise. It shouldn’t have.

Skilled migration flows to Australia



Image source: http://www.immi.gov.au/

There has been a distinct shift in the focus of Australia's Migration Program in favour of skilled migration over the last decade or so. As a result, more permanent places are now allocated to skilled migrants than any other category. Migrants entering Australia under the skill stream in 2010–11 accounted for 67.4 per cent of all visas granted to permanent migrants.

Perhaps even more significant is the rise in temporary long-term skilled migration to Australia over the last decade with many of these entrants transitioning to permanent residence over time. In 2009–10, 43 390 temporary migrants who entered Australia originally with a long-stay business (subclass 457) visa, became permanent residents—the majority having been granted permanent employer sponsored visas.

The Parliamentary Library has just published a new paper with more detail on this topic—Skilled migration: temporary and permanent flows to Australia. The paper provides background on migration to Australia since the first immigration department was established in 1945. It also outlines some of the more recent changes that have been made specifically to address labour market concerns and encourage more ‘demand-driven’ sponsored skilled migration. Skilled migration statistics since the 1980s are provided in the appendix.

Other key Parliamentary Library immigration-related papers include:

• H Spinks, Australia's Migration Program, 2010
• J Phillips, M Klapdor and S Simon-Davies, Migration to Australia since federation: a guide to the statistics, 2010
• E Koleth, Multiculturalism: a review of Australian policy statements and recent debates in Australia and overseas, 2010
• E Koleth, Overseas students: immigration policy changes 1997 to May 2010, 2010.

Harmony Day - a celebration of cultural diversity

Image source: Department of Immigration and Citizenship

On Wednesday 21 March, people across Australia will come together to celebrate Harmony Day. Harmony Day is dedicated to celebrating Australia’s cultural diversity, and is timed to coincide with the United Nations’ International Day for the Elimination of Racial Discrimination.

Harmony Day has been celebrated in Australia since 1999. Since then, more than 25 000 Harmony Day events have been held by a wide range of community, sporting and cultural organisation. Harmony Day events are supported by the Department of Immigration and Citizenship, which provides free promotional material. Events include sporting activities, food festivals, dance or music performances, or simply bringing people together to talk and share stories. The theme for 2012 is “Sport – play engage, inspire” in recognition of the positive role sport plays in uniting people from different backgrounds and cultures.

Working holiday makers and Australia’s hospitality and horticulture industries



Image source: http://www.balonne.qld.gov.au

 Reciprocal working holiday arrangements in Australia have been in place for many years. Working holiday makers have traditionally played an important role in supplying short term workers for the tourism, hospitality and horticulture industries in both urban and regional settings.

The Department of Immigration and Citizenship (DIAC) acknowledges that the working holiday program is ‘a strong contributor of supplementary labour for industries needing short-term or seasonal workers, such as construction, hospitality and farming'. DIAC also anticipates that the number of working holiday makers and the demand for temporary entrants to address skill shortages will continue to grow. After falling in 2009–10 largely due to the Global Financial Crisis (GFC), visa grants are again on the rise with 192 900 Working Holiday (subclass 417) and Work and Holiday (subclass 462) granted to young people in 2010–11—many of whom subsequently found work in seasonal horticulture and tourism-related jobs that employers sometimes find hard to fill locally.

Asylum seekers, refugees and boats—links to the key Parliamentary Library papers

Image source: Australian Parliament House

As you have probably noticed, the Parliament of Australia and the Parliamentary Library website has changed. While we have received lots of positive feedback about the new look and feel of the site, we are aware that some people have been having difficulty in finding publications they have previously referred to. Here are links to some of our most popular papers on asylum seekers, refugees and boat arrivals prepared by the immigration research team in the Parliamentary Library:

Amnesty International reports on visits to detention facilities



Image source: Australian Human Rights Commission

 On 23 February 2010 Amnesty International (Amnesty) released an initial report of its findings from a series of visits to immigration detention facilities around the country. Amnesty has been consistently campaigning against the policy of mandatory detention for many years, and this is one of its most highly critical reports to date.

It paints a damning picture of Australia’s mandatory detention policy, highlighting the harsh conditions in which people are being held and the numerous mental health problems suffered by detainees due to ‘the indefinite nature of their imprisonment’

‘Rolling out the red carpet’ for asylum seekers

Image source: http://www.freepik.com

Recent media reports that ‘asylum seekers are receiving plasma TVs, microwave ovens, DVD players’ and other ‘free handouts’ whilst in community detention are inaccurate and only serve to mislead and misinform the public on what is a very complex issue.

Due to the recent expansion of Australia’s community detention arrangements, several community houses around the country have been furnished in order to prepare for occupancy. However, as the Minister for Immigration and Citizenship, Chris Bowen, pointed out in a recent media release, none of these basic household goods are allocated to individuals detained under community detention arrangements. In fact, the items provided are only there for the use of the occupants while they remain in either community or held detention.

Refugee resettlement to Australia: what are the facts?



Image source: UN High Commissioner for Refugees

 Of the 145 States Parties to the 1951 Refugee Convention, only about 25 participate in the United Nations resettlement program and accept quotas of refugees on an annual basis. Australia has been involved in the UN resettlement program since 1977. The annual number of places Australia has allocated for the resettlement of refugees from overseas has varied significantly over the years, ranging from 20 000 in the early 1980s to just over 1 000 some ten years later.

International Migrants Day

In December 2000, the United Nations (UN) adopted a resolution noting the increasing number of migrants in the world and proclaiming 18 December to be International Migrants Day. Since then the UN has invited government and non-government organisations alike to celebrate International Migrants Day each year and to continue to work towards ensuring the protection of all migrants.

Strategic Review of the Student Visa Program

Image source: The University of Sydney

On 22 September 2011 the Government released the Strategic Review of the Student Visa Program 2011(the Knight Review), along with its response to the Review’s 41 recommendations.

The Review recommends making some significant changes to visa processing, and post-study work rights, for students in the university sector. It also recommends some minor changes to the student visa program across other education sectors, and to the integrity measures applied by the Department of Immigration and Citizenship (DIAC) in monitoring and enforcing student visa compliance.

The Government has responded positively to the Review’s recommendations, and announced some significant reforms to the student visa system.

Tampa: ten years on



Image source: Project Safecom



26 August 2011 marks the tenth anniversary of the beginning of what became known as the ‘Tampa incident’ where 433 asylum seekers were rescued from an Indonesian fishing boat by a Norwegian container ship—the MV Tampa. Australian authorities spotted the fishing boat during a routine surveillance flight and broadcast a call to ships in the area to render assistance even though the boat was within the Indonesian search and rescue zone. A five day standoff ensued between the Howard Government and the captain of the Tampa over where the rescued passengers were to be taken.

In a speech in Parliament on 29 August 2001, the Prime Minister made the Government’s position very clear:

It remains our very strong determination not to allow this vessel or its occupants, save and excepting humanitarian circumstances clearly demonstrated, to land in Australia, and we will take whatever action is needed—within the law, of course—to prevent that occurring.

The Opposition offered the Government its support for this position. However, this support did not extend to supporting legislation to enshrine the domestic legal basis for actions taken in relation to foreign ships within Australia’s territorial waters. The Bill was introduced, and passed in the House Of Representatives, on the same day that the Tampa entered Australian waters, but was rejected by the Senate the following day. Kim Beazley later complained that the Opposition had been ‘wedged’ and its reputation damaged over the issue.

The impasse was resolved when Australia reached an agreement with Nauru and New Zealand to take all of the people aboard the vessel for initial processing. The Tampa incident is outlined in detail in the final report of the Select Committee on A Certain Maritime Incident.

The Tampa incident has been characterised as the catalyst for the introduction of a new border protection policy in Australia that came to be known as the ‘Pacific Solution’. Under this policy 1637 asylum seekers, including most of those those rescued by the Tampa, were sent to Offshore Processing Centres in Nauru and Manus Island in Papua New Guinea.

What became of these people?

One hundred and fifty of the Tampa asylum seekers went straight to New Zealand for processing, and the remainder were sent to Nauru where the Office of the United Nations High Commissioner for Refugees (UNHCR) agreed to conduct refugee status determinations for them. According to the report on A Certain Maritime Incident processing claims began in late 2001 with the majority of decisions being handed down by June 2002. However, not all Tampa cases were resolved so quickly; in August 2004, three years after the incident, 22 Tampa asylum seekers remained on Nauru. By January 2005 these cases had been resolved and no asylum seekers from the Tampa remained on Nauru.

In January 2005, the UNHCR produced a media backgrounder, UNHCR Nauru case load Tampa, outlining the outcomes for the 424 Afghan, 3 Pakistani and 6 Sri Lankan asylum seekers from the Tampa. By January 2005, 186 of the Tampa caseload had returned to their country of origin, 1 had died on Nauru and the remainder (246) had been resettled, mostly in New Zealand. All 3 Pakistanis voluntarily returned; 4 out of the 6 Sri Lankans voluntarily returned, and 2 were resettled in Sweden. Of the 424 Afghans, 179 voluntarily returned following negative refugee status determinations, 1 died on Nauru, 208 went to New Zealand, 29 to Australia, 5 to Sweden and 2 to Norway.

Between 2001 and September 2003 a total of 1544 asylum seekers were accommodated under the Pacific Solution, with a peak population of 1515 in February 2002. By September 2003 there were only 335 remaining on Nauru (although there were later transfers of asylum seekers from Christmas Island in 2006 and 2007).

When the Rudd Government dismantled the Pacific Solution in February 2008, a ministerial press release noted that a total of 1637 people had been detained in the Nauru and Manus facilities. Seventy per cent were resettled to Australia or other countries. Of those, around 61 per cent (705 people) were resettled in Australia.
The conditions on Nauru and Manus Island attracted criticism, including from refugee advocates, journalists and Parliamentarians. The report of the inquiry into A Certain Maritime Incident outlined many of these concerns and noted that the Nauru site initially lacked water, sanitation or electricity with asylum seekers housed under harsh conditions. Evidence to the Select Committee suggested that the facilities on Manus were a slight improvement on those in Nauru; however, several asylum seekers contracted malaria.

Several witnesses to the Committee expressed concern about the lack of independent scrutiny, difficulty in obtaining access to the facilities, and an apparent lack of legal advice for detainees. Australian Lawyers for Human Rights told the Committee that when they sought to send a team of lawyers to Nauru to provide legal advice to asylum seekers the Nauruan Government refused them visas. The report also included comments by the UNHCR expressing concern that people who had been found to be refugees on Nauru and Manus were left in limbo while resettlement options were sought.

In 2007, a report by A Just Australia, A price too high: the cost of Australia’s approach to asylum seekers, outlined numerous concerns relating to the Pacific Solution, including the mental health impacts on asylum seekers, including serious psychological damage, people engaging in hunger strikes, and self-harm. The report also argued that the Pacific Solution was a costly and highly inefficient exercise and estimated the total cost was at least $1 billion.

Ten years on from Tampa, asylum seekers are again a major political issue in Australia. In the lead up to the 2010 election campaign Prime Minister Gillard announced plans to establish a regional processing centre for asylum seekers in East Timor. In the end no such centre eventuated, but negotiations with other countries to establish offshore processing have proved more successful. Just three years after the Pacific Solution was formally ended the Gillard Government is planning to reopen the facility on Manus Island, but so far has rejected calls by the Opposition to reopen the centre on Nauru. Instead, the Government has signed an agreement with Malaysia under which up to 800 asylum seekers who arrive in Australia by boat will be transferred there for processing. Ten years on from Tampa, processing of asylum seekers outside of Australia is once more the preferred solution to the ‘problem’ of boat arrivals.

Authored with Janet Phillips