After a day of arguments over amendments to the Migration Act, the Gillard government remains at a political standstill on asylum seeker processing, with onshore processing currently the only viable refugee policy.
First Julia Gillard announced the Migration Act amendments the government was prepared to make in order to get the Coalition to approve them, in order to get around the High Court’s recent decision to rule offshore processing unlawful.
These amendments included assurances that offshore processing countries could not return asylum seekers to dangerous circumstances in their home countries, but these assurances did not have to be enshrined in law. Instead, it was reliant on the immigration minister acting in the “national interest” in picking countries for offshore processing.
“How can an obligation be an obligation if it’s not legally binding?” asked opposition leader Tony Abbott.
Unsurprisingly, Abbott then rejected Gillard’s amendments, saying the Coalition would only allow an amendement which insisted that asylum seekers in Australia were only sent to countries that are signatories of the United National Refugee Convention. Meaning, it would still be impossible for refugees to be sent to Malaysia — Gillard’s policy — but that they’d be able to be sent to Nauru — — a Coalition policy.
Immigration Minister Chris Bowen continued to rule out offshore processing on Nauru, instead declaring the government “would not be going down that road”.
As Jacqueline Maley wrote in The Sydney Morning Herald: “If question time is capable of having a vibe, then this one had a distinct ‘I’d sooner eat a bowlful of my own hair than agree to your amendments’ feel to it.”
If Abbott truly believes the Malaysia policy is a bad idea, then he needs to reject any amendment that would encourage it, says Nikki Savva in The Australian:
“Abbott’s critics claim he would be a hypocrite if he voted against the amendments. In fact, he would be a hypocrite if he voted for them. Any one of the issues he has nominated is ample justification, this time at least, to just say no.”
Does that signal a win for onshore processing? Bowen says yes: “Onshore processing is the current situation — in the absence of any agreement, we do that.”
Onshore processing has long been supported by the Labor Left faction, who yesterday called for the legislation to be redrafted as it claims it breaches Labor party platform. But Labor caucus is expected to vote against the Left’s plan today.
But the government will still attempt to pass the Migration Act amendments through parliament today even though it is a “doomed” policy, as Michelle Grattan writes in The Age, since even if it manages to pass the House of Representatives there’s no way it will pass the Coalition and Greens-controlled Senate.
The latest Newspoll has a low primary vote for the Labor Party but Gillard’s own popularity ratings are up, reflecting that Australians appreciate when their political leaders attempt to compromise on an issue. Not that a compromising is everything. “Gillard’s winning a negotiating war, but the fundamentals have not changed,” writes Dennis Shanahan in The Australian.

65 thoughts on “Deadlock over Malaysia policy”
Knack
September 20, 2011 at 12:45 pmTTH,
sorry, but where are you getting your data from?
here’s the stats from the DIMA/DIAC annual reports from the time.
DIAC annual report 00-01
‘reception and processing of 4,141 unauthorised boat arrivals’
DIAC annual report 01-02
‘the number of people recorded as having sought unauthorised entry to Australia in 2001-02 is 3,647’
As to the validity of stating that a nearly ten year old policy will now work, thats worth a LOL or two.
Knack
September 20, 2011 at 12:50 pmto clarify that one from 01-02, it does not include the number of unauthorised arrivals by air
JMNO
September 20, 2011 at 1:04 pmTTH, Nauru is not the answer. It was a partial deterrent for a short time in 2001 because it wasn’t Australian territory and the Government told those sent there that they would never, ever tread on Australian soil.
The detainees sat there while the Australian Government shopped around for other countries to send them to. Surprise, surprise, all the main refugee-taking countries around the world, all of whom settle many more refugees and asylum-seekers than Australia does, said, ‘It’s Australia’s problem. We’re not going to take any.’
New Zealand took a few and at least some of them (I don’t know the numbers) came on to Australia after they became New Zealand citizens.
A number on Nauru agreed to go home because, basically they were intimidated into believing the Government line that they would stay there until they rotted, rather than being allowed to come to Australia, and they were given some money to go home. I don’t know the outcome but I don’t think those returnees have fared very well (some other Crikey readers may know more about this).
Nauru is now just Australian processing on an offshore island and everyone knows that if they go there and they are found to be refugees (which most of them are), they will come to Australia. So it is no more of a deterrent than being sent to Christmas Island.
Even those found not to be refugees will end up in Australia if they can’t be sent home because Nauru processing is done by Australia not by the Nauruan Government, and Nauru will expect Australia to clear all detainees off the island in a reasonable time (unless of course Abbott is prepared to pay Nauru to keep people locked up indefinitely).
The other thing about Nauru is that it doesn’t have the physical infrastructure – space, water supply, electricity and so on to support large numbers of detainees or those employed to guard them, feed them and interview them.
Knack
September 20, 2011 at 1:06 pmwhislt we are at it, from the DIMA 2002-03 report;
‘In the period 1999-2001, Australia experienced the phenomenon of thousands of people attempting to enter as unauthorised arrivals by sea in north western Australia with the assistance of people smugglers.
In the three program years from July 1999 to June 2002 some 9,160 unauthorised boat arrivals, principally from Afghanistan and Iraq, applied for Protection visas within Australia’s migration zone.
These applications were considered progressively over the period 1999 to 2003 with final primary decisions being made in early 2003.
Of this group, to 30 June 2003 some 8,260 were found to require Australia’s protection, the vast majority granted three-year Temporary Protection visas.
As at 30 June 2003, some 640 people were found not to require Australia’s protection and had completed any merit or judicial review action (most of the remainder are seeking judicial review of decisions that they are not owed protection).’
What we really need is a regional solution, not Nauru as a dumping ground nor Manus, as the stats show that no matter where we process the claims, the majority meet the requirements.
The question has to be asked, why is this soley an Australian problem in this region? Indonesia does little to n0thing to assist, nor does Malaysia, its about time that there was a truly regional approach.
TheTruthHurts
September 20, 2011 at 1:21 pm[“TTH,
sorry, but where are you getting your data from?”]
Department of Immigration good enough for you?
www .aph.gov.au/library/pubs/bn/sp/boatarrivals.htm
2001
43 Boats 5516 Boatpeople
2002
1 Boat 1 Boatperson
If you check out the graph and mark the lines at the points that the Pacific Solution was introduced(late 2001) and removed (late 2008) you soon see a pattern of boat arrivals and domestic policy.
If Gillard doesn’t think the Pacific Solution and TPV’s won’t work, why doesn’t she reintroduce them and say the results will be on Abbott’s head?
Oh thats right… because it WILL work and Labor are terrified of that fact.
TheTruthHurts
September 20, 2011 at 1:23 pm[“As to the validity of stating that a nearly ten year old policy will now work, thats worth a LOL or two.”]
It was working in 2002, 2003, 2004, 2005, 2006, 2007 and even half of 2008.
Why do you think all of a sudden it won’t work again?
Knack
September 20, 2011 at 1:38 pmTTH,
its really not that simple mate, even if, as you suggest, it all came down to the idea that no one will get on a boat as they will end up in Nauru instead of Australia, DIAC’s own data proves that not to be true, the greater majority were found to refugee’s and settled, which, im fairly certain is the outcome that they are after.
I think that the truth is a lot more complicated that just pull factors, there are a large number of push factors as well.
As an aside, so you think that Nauru is not affected by the High Court ruling on 198(a), why is that?
Also, ‘Why do you think all of a sudden it won’t work again?’, because i dont think it ever really worked, i think that push factors changed around the world during that period, im not totally discounting the disincentive of being sent to Manus or Nauru, but it just not that simple to say it was the only factor.
Joe Lemmings Brother
September 20, 2011 at 2:05 pm@TTH: The call across the nation will go out: GILLARD, PICK UP THE PHONE TO NAURU!
I know the truth hurts but:
The Herald/Nielsen poll of 1400 people showed 53 per cent of people prefer onshore processing, with 28 per cent saying they felt refugees should be sent to another country.
@knack: I think that the truth is a lot more complicated
For ‘s sake don’t mention the truth – at least not unless you want to hurt him some more 🙂
Phillip Buster
September 20, 2011 at 2:12 pmPush factors be buggered. It’s the pull factor. The push is what makes people flee their country of origin, whereas the pull is what brings attracts them to their destination. This is borne out by the fact that they travel through countries that are signatories to the UN Refugee Convention to get here. Our pull factors since KRudd and his dopey mates dismantled our border protection and asylum seeker processing system are quite impressive.
If you arrive by boat you only have to spend a few months in “detention” – three squares a day, free internet, subsidised phone calls home, free cable/satellite TV, free english classes, arts and crafts, free excursions and entertainment to keep you occupied so you don’t riot and burn the hotel down……the list goes on. Then, providing the false name you’ve given doesn’t rhyme with Bin Laden, you are granted permanent residency – something others wait years for (and they arrived lawfully or applied to migrate offshore). Once you are given your permanent residency you are well taken care of by the Australian taxpayer, provided instant access to centrelink, medicare, provided with short term accommodation and housing assistance until you can find work, plus – you still get free english lessons.
I’d be straight on the phone to anyone back in the old country who would listen!! Hey look at all the lurks and perks you get in Australia – all you need is $8-$10K and you have permanent residency, a new identity (if you wish), speedy processing while staying in a really cushy “detention centre” and give you everything for free!! Honey get the ids and come on over!!
TheTruthHurts
September 20, 2011 at 2:19 pmOkay so quick question for the Malaysian Solution supporters here, what happens when the 801st boatie arrives?
Another $350 Million Dollar cheque and another 4000 taken from Malaysia?
If you Labor hacks haven’t noticed Gillard is positioning to reopen the Manus Island detention centre. Gee… now think about that… Gillard says Nauru is just another detention centre and won’t stop the boats… YET at the same time she’s trying to reopen Manus Island which using her logic is “just another detention centre”.
Labor is all over the shop. They know Nauru will work which terrifies them. Gillard pick up the phone to Nauru!