Greens challenge indefinite ASIO detention

A young pregnant woman and her two primary school-age sons are the latest refugees to be detained indefinitely under laws the Australian Greens are seeking to amend.

Under the ASIO Act, refugees can be detained for the rest of their lives without explanation because of adverse security assessments which cannot be challenged.

Legislation to be introduced by the Greens in the next sitting fortnight will seek an amendment to allow refugees to question and ultimately appeal any negative ASIO assessments.

The bill would correct a “gross injustice”, allowing for due process and a basic right of review, the minor party says.

“Last week we saw a young mother and her two primary school-aged boys ripped from the community in Melbourne, put in an immigration detention with no warning, no ability to say goodbye to their friends and their family,” Greens senator Sarah Hanson-Young told reporters in Canberra on Tuesday.

“That young mother is pregnant with her third child. The father is in Melbourne – she didn’t even get to say goodbye to him.

“They have no idea, have been given no explanation, as to what it is that ASIO has a concern about.”

A total of 57 people, including six children, are facing indefinite detention in Australia.

It was “shameful” the government did not allow them the right to an ASIO assessment review, Senator Hanson-Young said.

“We don’t accept that for Australian citizens. Why should we accept it for people who we have already determined are vulnerable, are in need of protection?” she said.

“They’ve fled some pretty awful things, we’ve already decided they are refugees and yet we continue to punish them.”

Britain, Canada and New Zealand are among many countries that have set up a right of appeal.

Senator Hanson-Young acknowledged national security concerns, saying the appeals should be heard in camera and use special advocates.

But “no one in their right mind” could justify the current arrangements.

The Greens’ amendment would let asylum seekers receive a statement of reasons for ASIO’s decisions, create periodic six-month reviews of ASIO assessments and allow the Administrative Appeals Tribunal to hold merit reviews.

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