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 21, 2011 at 8:02 amPB;
i never said that DIAC do back ground checking, DIAC seek to ascertain and validate identity, as they are required to do under section 166 of the act. The checking is to my understanding extremely thorough, and once the identity is proven THEN ASIO do the back ground checking as you call it.
Its pretty simple PB, no proven identity, you can’t met section 166, which means your an unlawful non-citizen, which means you have to be detained under seciton 189, which means you can’t get a visa until your identity is proven, it also means you cant meet the UNHCR assessment either, because that process relies on identity to prove your claims of asylum, which means you stay in detention until identity can be confirmed. Its not some mickey mouse process like you seem to be making out.
So am i now to understand that you think ASIO are being lax?
Want to back that claim up with some proof there buddy? Your throwing around alot of claims against some fairly professional agencies.
Peter;
‘DIAC officers seem to regard these matters extremely lightly’
Mate, seriously, you seem like a smart fellow, stop generalising, its a piss poor form of argument and does you a disservice.
‘they are regarded as queue jumping illegal immigrants who are trying it on’
yeah, i guess you are referring to this Dinstar post, sorry, but those are your words, not hers, she did seem to have an opinion about the nature of the route by which the majority of the case load that she claimed to have been processing, im pretty sure she never used the words ‘queue jumper’, again, does you a disservice to put words in peoples mouths.
Heres a question for you though, and i will preface it by saying that i think that Australia should stand by its obligations to the RoTR convention, but why do asylum seekers not go to PNG? And by that i mean by their own volition. PNG is a signatory, the economy is growing, there are human rights protections………. a very large number of the people who arrive by boat come from waiting around with our great friends in Indonesia, asylum seekers could very easily travel internally through Indo to the PNG- Indo border and cross and claim asylum…..why dont they?
Because in my opinion they want to come to Australia, thats there primary goal, which then complicates there claim of fleeing persecution as being their number one motivation, i totally agree that there are bugger all to no options for asylum claims on the way from say Afghan to Indonesia, but once in Indonesia there are a few options other than Australia? Im not doubting the veracity of peoples claims of persecution, it just makes me wonder, a country like PNG could use all those skills, they need people that have endeavour, so why not PNG?
Im not trying to shit stir, its an honest question.
Policeman MacCruiskeen
September 21, 2011 at 8:53 amPhillip Buster, I’ve consulted with the missus, Walleye MacCrusikeen, and she has consented to translate my accent for your benefit. As it is Internal Affairs complained about my accent too and dismissed all charges on the grounds that my answers were incomprehensible. Just as well because their questions were incomprehensible to me. Or perhaps my heavy turban put them off pursuing delicate matters of probity and conduct?
Any way, we now take the view here on Mutton Bird Island that the problem with asylum seekers is the business model of the people smugglers – too half hearted and namy-pamby. We see a business opportunity and have purchased a perfectly serviceable ex-Australian Meat and Livestock Corp vessel onto which we can fit very large numbers of reffos in conditions, previously designed for taking cattle to halal heaven, that will prepare them for DIAC treatment on arrival. Renamed the ‘Mutton Bird’, this ship will be the making of our local economy. The Mutton Bird Island Asylum Seeker Processing Corp and Cannery is recruiting right now and we have an open door for DIAC staffers wanting to work in a creative, team environment. Experience with suturing, rendering and waterboarding an advantage but not essential. Training will be provided by the Sisters of Brutality where necessary.
Knack
September 21, 2011 at 9:01 amPoliceman M;
you sir, are a twat.
Peter Ormonde
September 21, 2011 at 9:21 amMorning constable…
Congratulations on confounding the police probity probers … as if tipping off the lads from the Mutton Bird Shags Footie Club – “Car’n the mighty Shaggers” – that they were in the frame for a mass jumping of Maureen McTierney – was something to be ashamed of! Probably never been on the working end of a truncheon in their lives. Bunch of proctologists the lot of ’em.
Now as to sending them people smugglers a message about their business model – I’m with you and Wayne Swan on that one 150% … whining about the high dollar is one thing but if they don’t lift their productivity in a hurry they’re on a hiding to nothing … and a multistorey live cattle boat is just the thing. Up till now they bring ’em back empty for goodness sakes!!! We call that horizontal integration, if you’ll pardon the expression.
Orstraya could do well to study the Mutton Bird economic development strategy and tear a page from your book. I wonder just how many we could pack into those bulk carriers that cart away all our rocks and minerals and stuff. They spend half their time empty as well.
That’s the sort of entrepreneurial thinking that’s made this wide brown stain the wonderful place it’s become.
Pass on my love (and sincere thanks for the translating) to Walleye.
Policeman MacCruiskeen
September 21, 2011 at 10:42 amKnack, twat did you say? Using yer fancy University debating tactics won’t influence a Mutton Bird Islander. What we do here on tha oisland is specialise in actualised self reflexive satire. Oil explain it to yez: we don’t wroit satire, we do it. In other words we engage in practices and acts that are so awful and hypocritical, that so violate the fundamentals o’ human decency that no-one in their roight minds could even see it as anything other than a type o’ guerilla theatre disguised as policy. Just loik DIAC. We on Mutton Bird Ilsand are advancing the cause o’ a just and humane society boi offering citizens tha’ opportunity to say ‘no’ to our brutal policies at any point. We sincerely hope, just like DIAC, that someone says ‘no’ soon as we’re runnin’ outta oideas and may have to call on tha’ help o’ Spanish Priests if we cannot think of anything.
Phillip Buster
September 21, 2011 at 2:22 pmKnack – your quotable quote is as follows:
“….thats not how it works at all, the process for identity checking so that a person can be assessed is very thorough, to suggest that DIAC are being lax is pretty crap mate, and what do you base it on?”
Get with the program mate!! I wasn’t talking about how no ID gets you detained and I did not state DIAC are not lax at all, but if a boat arrival says they’re Fred Smith and there’s no ID to support or disprove their claimed identity, it cannot be validated. If there is no validated identity to begin with, how can thorough background checks be conducted? I was not having a go at either DIAC or ASIO, merely pointing out that if an unauthorised arrival provides a false identity that cannot be validated, then background checks are next to useless.
Peter
I agree with Knack regarding your comments on DIAC officers who make decisions. How can a decision be flawed if new information has come to light???? Explain that one away. If the decision is made based on the information available at the time of decision, then it is not flawed at all. The DIAC officers do the best job they can with the information available to them. Yes there probably are mistakes made, but then again maybe some the know alls out there should give it a try themselves – then everyone can bleat at you and slag off your integrity.
Knack
September 21, 2011 at 3:04 pmPB,
Reason that i brought it up is that in the end, as you cant be assessed by UNHCR with out a proven identity, and that means you can’t get a visa as you have no proven identity, then you end up in detenti0n indefinitely, because if you can’t prove Identity then the country that they claim to come from is not going to accept them back either.
Hence this statement ‘Then, providing the false name you’ve given doesn’t rhyme with Bin Laden, you are granted permanent residency – ‘ is just not true, as neither can occur until Identity has been thoroughly verified and as i said before, they end up in a mobius loop of , dare i say it, their own creation in a lot of instances.
Peter Ormonde
September 21, 2011 at 3:23 pmPhillip,
A decision based on inadequate information is flawed. These public servants are making decisions about life and death and they do so on inadequate, incomplete or insufficient information. How does new information come to light? – the applicants provide it. If DIAC asked for this information in the first place they would not have refused the application, yes?
As I’ve stated above I’ve had personal dealings with DIMIA and now DIAC for over 10 years on various matters. The words that come to mind: officious, unaccountable, suspicious, hostile, antagonistic and inept.
25% overturns on appeal is a pathetic testimony to the performance of these “guardians of public safety” and our borders. Repeated overturns in the RRT should be grounds for dismissal.
I’ve had a comment off in moderator landing pattern since 10.13am which addresses some of Knackers’ and your own concerns that I am being to harsh on these undertrained, overworked and incompetent bureaucrats.
Phillip Buster
September 21, 2011 at 3:33 pmHey Peter why don’t you do your bit and start making a few decisions instead of huffing and puffing about these people. The words you used to describe them are probably what they think of people like you.
Knack – why is it then that so many of these people go to DIAC and have their names and dates of birth changed to their “correct” identity. I can tell you from experience that this happened and there were no further background checks carried because they had already been granted their visas.
Knack
September 21, 2011 at 3:33 pmPeter;
are you saying that DIAC/DIMA officers refused to accept the additional information? Its a two way street, if the applicant had the information, why did they not provide it in the first place?