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”
Peter Ormonde
September 22, 2011 at 9:59 amKnackers …
To me the reliance on Migration Agents is an indication of a flawed system… it is a curious sort of privatisation if you like. The people I’ve dealt with didn’t know they’d need one… until they’d been refused. Not really part of the system, but apparently essential.
What I’m suggesting is that DIAC front-line staff should actually act as migration agents and assist their clients to lodge the most complete application possible. It’s a simple administrative and cultural change and it is, in fact, a recognition of the realities… minus the RRT and the hostility…. cheaper too.
Knack
September 22, 2011 at 10:13 amPeter;
‘It’s a simple administrative and cultural change’
Actually Peter, thats far from true, your talking about APS 4-5 staff here, so you expect them to be Migration Agents, who are generally quite good solicitors, and this is just a simple admin/cultural change?
What you are actually suggesting is that DIAC staff should assist clients to a point where approval will occur, which is contradictory to their role, they are tasked with making decisions on the available information, not endlessly coaching clients to the clients desired outcome.
And im again confused by inconsistencies in your statements, so you are assisting people when they apply or after? Because if its after refusal, why are you conversing with the original decision maker? If you are assisting people with their original application, is it honestly worth stuffing these people around in the initial process because you have an issue with the concept of Migration Agents? Regardless of you view on the current system, would it not be advisable, for the good of the applicants that you are assisting to try and make the process as painless as possible and avail yourself and by virtue them of all available assistance?
Peter Ormonde
September 22, 2011 at 10:34 amWell heck knack … here we have the nub of the problem don’t we … these public servants – the ones who make life and death decisions about men women and kids don’t have the intellectual wherewithall to act as migration agents let alone lawyers. Much easier to say no than actually help. Safer too from a career point of view.
It would be OK then if all the application forms carried an opening sentence – “To get this right you will require the assistance of a registered migration agent”…. now there’s a broken system if ever I saw one. I’m not saying these charactyers should become Migration agents – I’m saying they should fulfil that function, helping rather than judging.
The idea – the very notion – of actually helping people access their legal rights is completely anathema within DIAC. They are deeply immersed in the culture of saying no, of not helping, of looking for excuses. That’s why the RRT is so busy, overturning their flawed and partial decisions. Why our detention centres are full of dangerous 8 year olds….
It’s not too difficult – it just requires a change of attitude. And if that’s not possible, a change of personnel. God if they could do it with Centrelink (who used to see their greatest loyalty as protecting the social security budget and saying no) then they can do it anywhere.
Knack
September 22, 2011 at 11:02 amPeter;
You, like many people in the past are making the mistake that somehow, DIAC is the same as Centerlink, its not.
‘don’t have the intellectual wherewithal’
Well, thats about me done Peter, I have enjoyed this, but your ongoing blind hatred and apparent total misunderstanding of the Australian Public Service (although, i would say that i think that DIAC decision makers should be of the same pay level and training as a good Solicitor, but good Solicitors do not work for DIAC APS 4-5 wages) a but i tire of your consistent generalisations.
As a parting note, your inference that there is some comparison between DIAC and German Soldiers in WW2 in another post was, and is, vile and ignorant.
Take care.
Peter Ormonde
September 22, 2011 at 11:21 amKnack …
Last one….
No I’m not saying DIAC is the same as Centrelink at all. DIAC is the same as Centrelink was 20 years ago – policemen for the system, gatekeepers, undertrained and underpaid decision makers operating in a system and culture where saying no was the safe and preferred option.
I don’t have a blind hatred – I can see quite clearly and what I see I don’t like. They are not acting on my behalf and they are not acting in our national interest. Nor are they simply following the law. They are doing a job. And they are doing it on victims.
And lastly, I’m not comparing public servants with German soldiers – it’s much worse than that. I am comparing them with German public servants… the APS 4 and 5 equivalents who who made the cattle trains run on time, the ones who did inhuman things with the tick of a pen, who kept wonderfully accurate records of the brutal details of an inhumane system… all acting on orders and obeying the law.
This is how state brutality operates. This is how DIAC operates. And it should not. These APS 4-5s should not. I think they are actually capable of doing a lot better than this, given proper training and a more open culture. I don’t think they are all racist bigots – but I think the system and culture they are operating in is both racist and bigotted.
And at the top of the heap sits Mr Metcalfe with his warnings of race riots and social collapse … not just following orders, steering the debate and constructing a culture of suspicion, refusal and intolerance.