A happy day

The release of the remaining children being held in detention brings an end to the worst single part of this sad and shameful chapter in our history. At the same time, the oppressive use of Temporary Protection Visas has been rejected by the Federal Court. I hope the government will not appeal against this decision, and that we can put the whole sorry episode behind us, and start the search for a more rational and humane solution to the problem of responding to asylum seekers.

4 thoughts on “A happy day

  1. Isn’t there some sort of irony in all of this. I seem to recall that the Tories set up the Federal Court system in ’76 because they had the poos with the High Court’s judgements especially on business related matters and needed to appoint a set of errr… more compliant judges in a lower court.

    Now the Federal Court is handing down decisons which are much more radical than the HCA.

    You can bet yr left one that the govt will appeal… the current HCA bench has an appalling record of late in accepting the draconain interpretations suggested to it by government counsel.

  2. John, when I read your statement that “the oppressive use of Temporary Protection Visas has been rejected by the Federal Court” I gave a whoop, but looking at the link it ain’t really so is it?

    TPVs, originally suggested by Pauline Hanson and at the time rejected by Ruddock as unnecessarily harsh and unsettling for proven refugees who wish to start a new life, is, like billing the poor sods for their incarceration, one of the revolting innovations this government has mde in the mandatory detention system. Even if the government has to prove that the country they’re about to send them back to is now safe, it’s hardly incentive to confidently plan for a new life in your adopted country.

  3. At the risk of looking like someone who’s never happy, while the release of the children is good, I don’t think it necessarily brings this to an end (and I’d argue whether its the worst part, but there’s so much to pick from that it is a matter of opinion). The Act hasn’t changed, so kids can be detained in the future. Indeed these kids are still detained according to the Act, they just aren’t in detention centres (which I know is silly, but that’s the Migration Act for you – they don’t have visas but they actually get more assistance than some of the peope who were released earlier and given Bridging Visas – any legal construct to get you out a of a political fix as long as the power still stays with the Minister and Dept in the end.)

    Also, while the Federal Court decision is wonderful (subject to appeal), it doesn’t ‘reject’ Temporary Protection Visas – what it does is say that the DIMIA (and the Refugee Review Tribunal) had been wrongly interpreting the law when deciding whether a TPV holder was eligible to be granted a further (permanent) protection visa. They now have to have stronger proof that it is safe to return – this is definitely a good thing, but still not a sure guarantee that every TPV person will be able to stay.

    Just clarifying (well hopefully it’s clearer anyway)

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