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”
Suzanne Blake
September 20, 2011 at 5:32 pm@ TTH
I think in Communist Countries they still vote for the dead, so they may get more than one vote!!
Did you see 4 Corners last night. How Simon Sheik from Getup leaves the PM’s suite for the photo shoot and smiles with the families after the Carbon Tax legislation was placed before the parliament.
In lock step with Gillard. He has been outed now.
shepherdmarilyn
September 20, 2011 at 5:36 pmActually TT what is it you want anyway?
Knack
September 20, 2011 at 6:16 pmSo um……TTH, did you read the ruling?
Knack
September 20, 2011 at 6:38 pmSB;
‘I think in Communist Countries they still vote for the dead, so they may get more than one vote!!’
They vote in Communist Countries?
Really?
juan vesa
September 20, 2011 at 7:07 pm^^
lol.
Policeman MacCruiskeen
September 20, 2011 at 7:43 pmI’ve ta apologise for moi absence the last few days as I’ve had ta give it all a rest whoil i was away bein’ investigated by Senior Rozzers over tha leakin’ o’ information to footballers. But oim back now, rested from tha ordeal, with The Truncheon well oiled an lookin’ fer action. Yer DIAC staffers are a wunnerful mob o’ patriots an’ I cannot stand the shellakin’ they’re gettin’ here for protectin’ the hymen loik purity o’ our cultural boundaries. Their loik Choild Protection staffers fer w*gs – if they don’t know what the problem is, objectively that is, then they play it safe in tha’ interests o’ whoit women and Gawd fearin’ Ozzies by makin’ shite oop. Now, who could aks fer more from our fearless and dedicated staffers at DIAC than daily and fearless paper shufflin’, form fillin’, referrals to superiors, deferrals to tha Security Forces (who allays hae tha insoid knoweldge) and otherwois toadyin’ and slobberin’ their way through a Public Service Career in tha toime honoured fashion established boi John Howard hisself Gawd Bless Him.
Youse know it makes sense and youse DIAC boyz and girlz will always be welcome back to the Mutton Bird Island multi-function Resort, Processing Centre and Cannery. we still remember the session youse guys ran on Lip sewing and youse’ll be pleased ta know that the new manager is Cornelia Rau who is lookin’ forward to seein’ all her old mates agin.
Knack
September 20, 2011 at 8:39 pmPoliceman M;
forget your meds?
Very informed and reasoned debate there mate, bravo.
Knack
September 20, 2011 at 8:56 pmTTH;
‘Happy for you to point me to any legal advice that you know of that defines that Nauru is the exception.’
And still waiting mate.
Phillip Buster
September 21, 2011 at 1:44 amKnack – DIAC don’t do the background checks, ASIIO does. Very limited checks can be run against a false name and date of birth. If you don’t exist or the name you use is not on a watch list then it’s a walkover.
Peter O and Knack – The RRT do a fresh assessment of the claims. Just because the RRT overturns a decision doesn’t mean it is a bad decision, it means that the RRT member has come to a different conclusion for any number of reasons.
Marilyn – Cast you mind back to the days when the Indo-Chinese were successfully processed offshore under Fraser. While there may be only one Convention signatory country that these people travel through on their very long journey to our waters, all they have to do is make their way west or south west on a shorter journey to find a large number of countries that are signatories…..but wait, they don’t offer the same perks as we do.
Policeman – Nice attempt at a West Country accent but as usual, totally incomprehensible.
Gocomsys – Nice jibe, but do you call leftists rants an “adult debate”. More like great entertainment but totally hollow.
TTH – Love your work. Talk about cats among the pigeons!!
Peter Ormonde
September 21, 2011 at 6:16 amPhillip…
Any decision that gets overturned on appeal is flawed … either new information has come to light, or the initial decision was wrong.
And it is worth remembering here that these decisions are quite literally life and death decisions for the victims. 25% of RRT cases is too many mistakes – pure and simple.
DIAC officers seem to regard these matters extremely lightly – and in the culture of the place – the easiest safest answer for them is “no”. They are not there to assist refugees – sorry, “clients” as DIAC mouthpiece Sandi Logan describes them – they are regarded as queue jumping illegal immigrants who are trying it on. Dinstar captured the culture perfectly.
Individual officers should be held accountable for their actions – no anonymity, no secrecy. I wonder what happened to the officers who handled the Cornelia Rau case. Anyone know?