In the media
Detention
Data obtained by SBS News revealed a concerning escalation in self-harm incidents in immigration detention in 2020. The rise was attributed to the combined effects of protracted detention and social isolation, due to visits having been suspended since March. Media outlets ran stories on how some people use music and writing to cope with indefinite detention.
A critically ill man remains in immigration detention after lengthy negotiations between his lawyer and the government failed. The man was refused refugee status on the basis of an alleged Interpol notice. Interpol has twice said it has no record of him. Meanwhile, it was revealed that refugees were among those recently transferred to the Christmas Island detention centre, despite Australian Border Force assurances to the contrary.
In the courts
A Federal Court judge found that the Acting Immigration Minister had engaged in ‘criminal’ conduct by unlawfully detaining an asylum seeker, and warned the Minister that he had exposed himself to potential civil and criminal litigation.
In an Australian first, a man in immigration detention won a habeas corpus case resulting in his immediate release. The case may have implications for others in indefinite immigration detention who are unable to be relocated from Australia. Meanwhile, a man passed more than 11 years in detention despite being found to be owed protection. He was released (2 October 2020) after a successful petition calling on the Government to action Federal Court orders to review his case.
PNG and Nauru
The inquest into the death of Omid Masoumali resumed after COVID-19 delays. The inquest will investigate Mr Masoumali’s mental health care prior to his death by self-immolation (Nauru, 2016).
Resettlements to the USA continued, however hundreds more refugees remain on PNG and Nauru, some of whom have been approved for resettlement in the USA or are waiting on outcomes of their applications to Canada’s refugee sponsorship program.
Some refugees on Nauru reportedly refused medical transfers to Australia for fear of being detained without treatment in worse conditions.
The New York Times published a reflective piece by Behrouz Boochani on his experience of immigration detention in the context of the ‘White Australia’ policy.
International
Japan announced it will no longer detain asylum seekers while their status is being determined. Uganda, long lauded as a model host for refugees, shut down more than 200 refugee aid agencies for their failure to comply with local regulations. In Greece, 12,000 refugees were made homeless after a fire destroyed the Moria camp (Lesvos). The situation amplified divisions within the EU amidst agreement on a new EU Migration Pact. Those affected by the fire on Lesvos include minors awaiting family reunion. Reports show that the vulnerability of children seeking asylum in Europe has not improved. Meanwhile, refugees continue to attempt English Channel crossings.
The UN High Commissioner for Human Rights warned of further war crimes against Rohingya in Myanmar. Rohingya refugees held on a Bangladeshi silt island since April alleged they were sexually assaulted by local police. In the USA, investigations are underway into allegations that women in immigration detention have been subjected to 'mass hysterectomies’. The election outcome will directly impact America’s asylum policy.
In policy
The Government has commenced exiting around 500 people from Community Detention onto Bridging Visas. They will be given 3 weeks notice to vacate their properties and the majority will have their stipends ceased. While it will give people freedom of choice, it comes at a time of unparalleled economic uncertainty and strain on charities. Australia’s migration and humanitarian program is expected to be adjusted in the upcoming budget. A controversial bill that would prohibit items like mobile phones in immigration detention passed the lower house. Jacqui Lambie launched a public poll to guide her vote.
The Kaldor Centre published a proposal for an overhaul of asylum processes at Australian airports. Recommendations include abandoning the policy of automatic visa cancellation for prospective asylum claimants, and legislation to govern how asylum screening procedures occur at airports.
A Refugee Council of Australia proposal to give refugees on Temporary Protection Visas and Safe Haven Enterprise Visas a direct path to permanent residency in exchange for working on farms gained the support of some Government and opposition MPs. The proposal was met with some caution.
Human Rights Watch’s submission to Australia’s 2020 UN Universal Periodic Review documented abuse and neglect of people seeking asylum. It found insufficient progress had been made on improvements the government had agreed to in its 2015 review.
In research
Daniel Ghezelbash and Asylum Insight’s Nik Tan published a working paper on the impacts of COVID-19 on the extinguishment of the right to seek asylum, looking at how this played out in Australia, Canada, Europe and the US. The paper also explores strategies for restoring and protecting the right to seek asylum beyond the pandemic.
The Refugee Law Initiative published research into what happens to people who have been refused refugee status in developing countries. Focusing on Egypt, the study found no clear pattern of movement. Whereas developed countries pursue policies of deportation or incentivised returns, failed asylum seekers in developing countries tend to make their own decisions about staying, moving on or returning.
From the Kaldor Centre, Savitri Taylor writes on repatriation of the Rohingya, commonly viewed by the international community as a preferred durable solution. Brian Gorlick writes on the International Court of Justice order made in January 2020 for the Gambia v Myanmar matter, its significance for international law, and concern it will not solve the Rohingya refugee crisis.
The University of South Australia’s Mental Health and Suicide Prevention Research Group published a new study finding mental health issues such as post-traumatic stress disorder, anxiety, depression and suicidality widespread among people seeking asylum in Western nations. The research examined data from Australia, Europe, Canada and the United States, finding asylum seekers from all regions face numerous systemic mental health challenges.
