Bowen standing firm amid asylum protests

Updated September 17, 2011 18:04:36


After the press conference, Mr Bowen drove off and was chased for about a kilometre.

Immigration Minister Chris Bowen is standing by proposed changes to the Migration Act despite widespread condemnation of the amendments.

Mr Bowen was heckled by protesters today while trying to give a press conference on the proposed changes, which have also been criticised by the Opposition, the Greens and legal experts.

At the press conference in Smithfield, in Sydney’s west, about 40 protesters barged in and began shouting over the minister, labelling him a hypoocrite as he attempted to answer questions from journalists.

After the meeting Mr Bowen drove off and was chased for about a kilometre by the angry members of the Refugee Action Coalition shouting “shame Bowen shame”.

Last night, the Australian Labor Party released its much talked about draft legislation aimed at resurrecting its Malaysian people swap deal.

The Federal Government wants to make changes to the Migration Act to allow for offshore processing of asylum seekers.

They will give the minister broad powers to choose the country for offshore processing, and that decision will not need to rely on the country’s international obligations.

Mr Bowen says he is standing firm on the changes despite criticism.

“The government of the day should have the capacity to introduce its policies, to be accountable to parliament to do so. That’s what our legislation proposes,” he said.

“As I’ve said, if there are constructive suggestions as to that legislation, we’ll be happy to work those through in good faith, with people proposing them in good faith.”

‘Offshore dumping’

During his press conference Mr Bowen urged Opposition Leader Tony Abbott to back the Government’s plans.

But Mr Abbott is not impressed.

He says the sweeping changes the Government wants to make would create an offshore processing regime without any safeguards.

He says the Government’s amendments would remove human rights protections, resulting in a system of “offshore dumping”.

“My initial response and that of my senior colleagues is that the draft legislation strips out protections that the Howard government thought was necessary,” Mr Abbott said.

“It is really legislation for offshore dumping. [It’s] providing the minister with an unfettered discretion that doesn’t require any need for relevant human rights standards.

“So it doesn’t actually meet the test which the Prime Minister set for it, which was that it should simply restore the previous legal understanding of the situation.”

Mr Abbott appears unlikely to support the Government but is expected to wait until the legislation is before the shadow cabinet and party room before announcing a final decision.

Greens Senator Sarah Hanson Young says the proposed amendments trash Australia’s obligations to the refugee convention.

“It’s a pretty scary existence and a pretty sad reality check when you see Julia Gillard stripping rights away – the limited rights from vulnerable asylum seekers – and suggesting that not only will those rights not be upheld in Australia, but we don’t even care if those rights are upheld in a country that we dump these people in,” she said.

Profound concern

The criticisms are echoed by the refugee lawyer who brought the landmark case to the High Court.

“These proposals go well beyond what the Government said the problem was that it wanted to fix after the High Court decision,” David Manne said.

“It’s a matter of profound concern that they’re seeking to strip the Act of key protections that the Minister was required to turn his mind to in deciding whether it was safe to expel someone to a particular place; requirements that the Parliament agreed to a decade ago.”

The section of the Migration Act, which was central to the High Court’s ruling, mirrors Australia’s obligations under the United Nations Refugee Convention.

Mr Manne says the draft changes have shredded all those protections.

“For example, there is literally no requirement for the Minister to ensure that Australia’s obligations under the Refugee Convention will be met, that anyone expelled will be protected from expulsion to potential persecution in their homeland,” he said.

Mr Manne will not say whether he would seek to challenge the new regime if it became law, or whether it would stand the test of another High Court challenge.

“But certainly, what they seek to do is take the decision to expel someone elsewhere beyond the reaches of the courts,” he said.

The Prime Minister has invited Mr Abbott to meet her on Monday to discuss offshore processing, saying despite their policy differences it is important to work towards “bipartisan action” to restore a government’s right to determine border protection policy.

ABC/AAP

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First posted September 17, 2011 16:47:38

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