Staff News

• David Bitel speeches in Bathurst

  Managing Partner David Bitel recently spoke at two occasions in Bathurst, New South Wales - to launch Bathurst City Council's adoption of a Refugee Welcome Zone, and at MacKillop Girls High School discussing issues relating to refugees.

  The success of these recent engagements has led Mr Bitel to initiate a program of speaking in Sydney schools, in conjunction with the Asylum Seekers Centre in Surry Hills.

  If you would like a speaker on the topic of refugees to come to your school or organisation, we invite you to contact David Bitel.
   

• New on our website

  The following may all be found on the Articles page of our website:

  • "International Protection and Refugee Law: contemporary issues relating to the Australian refugee determination system," Speech to American Immigration Lawyers Association Annual Conference, by David Bitel, June 2004
     
  • Speech at launch of Bathurst City Council Refugee Welcome Zone, by David Bitel, May 2004
     
  • "Illegal Imprisonment at Guantanamo Bay," - article by Nick McNally published in the Law Society Journal, April 2004
     

• Consultations in the Philippines

  Managing Partner David Bitel will be travelling to Manila and Bataan for consultations from 25 June to 4 July.

  Mr Bitel will be available to give advice to applicants for all categories of migration to Australia and also for student visas. Applicants for most categories must have English language fluency and need to be aged under 35 years.

  Applicants wishing to make an appointment should email a résumé with their request for an appointment to Mr Bitel's secretary, Ina Tempra, or ring Ina on tel. +61 2 9286 8700. A consultation fee will apply.
   

Skilled migration & business entry

• Specification of Skilled Occupations & Migration Occupations in Demand List

  On 20 May, a revised Specification of Skilled Occupations and Relevant Assessing Authorities (SOL) and a revised Specification of Migration Occupations in Demand (MODL) were gazetted. Of particular note is the addition of medical practitioners (doctors) to both the MODL and SOL. However, intending applicants should note that only doctors whose qualifications are assessed as suitable by the relevant authority will be eligible.
   
  Additional information:
   
  "New immigration arrangements enhance medical services," Minister's media release VPS 75/2004, 20 May 2004
   
  Gazettal Notices
   
  For additional information about Skilled Migration for doctors, we invite you to contact Sharon McCabe.


 
• Migrant work traps
   
  There have been a number of recent press reports relating to working conditions of legal and illegal migrants, including abuse of the business sponsorship visa scheme, Immigration Department compliance operations, and other issues concerning work rights.

  If you have any concerns about your working conditions, or your right to work under your current visa, we invite you to contact Nick McNally, solicitor.
   
  Additional reading:
   
  

  • "Body-hire scam 'still going on'," [re Business Visas] Australian IT, 18 May 2004 (available from Newstext News Ltd archive);
     
  • "Caught in migrant work trap," Australian IT, 15 May 2004 (available from Newstext News Ltd archive);
     
  • "No legislation to combat the 30,000 illegal foreign workers in Australia," Australian Labor Party Media Release, 27 May 2004;
     
  • "Minister rejects criticism of Immigration raids in Sydney," Minister's media release VPS 072/2004, 14 May 2004;
     
  • "Workplace violence & bullying: your rights, what to do and where to go for help," - booklet produced in thirteen languages by WorkSafe Victoria and Job Watch; and
     
  • NSW Office of Industrial Relations.
  
   

Temporary Protection Visas

• Possible shift in Government policy
   
  Several recent press reports provide welcome news that the Government may be preparing to soften its policy in relation to Temporary Protection Visas. Persons concerned about the harshness of the TPV regime and who support these changes may wish to inform their local federal Member of Parliament.
   
  Recent examples (articles from the Sydney Morning Herald and The Age are available at Fairfax Newsstore):
   
  • "Visa holders to get second chance," The Age, 22 May 2004;
     
  • "New plea [from UNHCR] on refugee reunion, The Age, 6 May 2004;
     
  • "Refugees reunited after four years still fear for the future," Sydney Morning Herald, 28 May 2004;
     
  • "Howard consents to rare [reentry] visa for grieving Iraqi," Sydney Morning Herald, 21 May 2004;
     
  • "Afghani abattoir workers granted permanent residency," ABC News Online, 11 May 2004.
  
  Additional information:
   
  
  • Refugee Council of Australia Position Paper on the TPV Regime
  
   
• ALP Policy on TPVs
   
  The Australian Labor Party has announced its policy to maintain the Temporary Protection Visa system for unauthorised arrivals.  Under Labor's policy, unauthorised arrivals in genuine need of protection would be granted a one-off two-year visa.  If at the end of the two years ongoing protection is still required, then the visa holder would be granted permanent protection. 
  
   "Unanimous support from States for new approach to TPV policy," ALP media release, 21 May 2004
   
• "Sending them Home" essay
   
  A Quarterly Essay from Black Inc., "Sending them home: refugees and the new politics of indifference," by La Trobe University Professor Robert Manne with David Corlett, was published in March.
   
• "Refuge Australia: Australia's Humanitarian Record"
   
  Klaus Neumann of Swinburne University's Institute for Social Research, has written a short history of Australia's refugee policies, "Refuge Australia: Australia's Humanitarian Record."
   
  Two recent articles by the author include:
   
  "Hard of heart: a bipartisan approach," Australian Financial Review, 28 May 2004, and
   
  "Refugees: the silence of the historians," The Age, 11 June 2004 (both available from Fairfax NewsStore).
   
• Melbourne march in support of policy change
   
  On April 3, more than 5,000 people marched in Melbourne in support of a change to Australia's refugee policy.
   
  "Thousands march for Govt to change policy on refugees," ABC News Online, 4 April 2004.
   

Bridging Visa E

• Bridging Visa E Report
   
  The Catholic Commission for Justice Development and Peace has drafted a report, "Knife-Edge: surviving asylum in the Australian community." The report examines the affect on asylum seekers of the Bridging Visa E, under which they are denied work rights and Medicare pending assessment of their claims for permanent protection. The majority of asylum seekers with this type of visa originally arrived with valid tourist, visitor or student visas, and lodged their claims for protection more than 45 days after arrival.
   
  Approximately 8000 people hold Bridging Visa E visas. The report is welcome as these people are too frequently forgotten by advocates, the press and the public who have tended to emphasise the sorry plight of asylum seekers in detention.
   
  "Government visa policies a 'sin'," The Age, 2 May 2004
   
  Catholic Commission for Justice Development and Peace
   

Mandatory Detention

• HREOC Children in Detention Report

  As reported in the previous issue of our Newsletter, the Human Rights and Equal Opportunity Commission Report of the National Inquiry into Children in Immigration Detention was tabled in Parliament on 13 May 2004.
   
  The Report is the result of an Inquiry announced in November 2001, and includes evidence from the period 1999-2002. Although 92% of children in detention have been eventually accepted as refugees (the figure is 98% for Iraqi children), Australian law states that they must be detained for indefinite periods while their applications for asylum are processed.
   
  It is highly likely that affected children may have the right to claim some form of compensation for any abuse or ill-effects they experienced as a consequence of the detention experience. For more information about children in detention, we invite you to contact Nick McNally or Nigel Dobbie.
   
  Additional response to the Report since our previous Newsletter includes:
   

  • Joint media release by Immigration Minister Senator Vanstone with the Attorney-General, the Hon. Philip Ruddock MP, VPS68/2004, 13 May 2004
     
  • "Howard Government needs to go public on backdoor release of children in detention," Australian Labor Party media release, 10 June 2004
     
  • "Time's up on children in detention," Australian Democrats media release, 10 June 2004
     
  • Refugee Council of Australia media releases
     
  • Link to Report, summary guide, media kit and statements by the Human Rights Commissioner, Dr Sev Ozdowski:  http://www.humanrights.gov.au/human_rights/children_detention_report/
     

• Government committed to Detention regime
   
  The Minister for Immigration, Senator Vanstone, has reaffirmed the Government's commitment to mandatory detention, as part of its strategy to control unauthorised immigration into Australia.
   
  Unfortunately the Government continues to propagate the myth that refugees are not being detained, which would be a breach of Australia's obligations under international law. The fact that a person is recognised as a Refugee by Australia is not the act which makes them a Refugee. Rather, the status determination is usually (except for sur place claimants) a recognition of a status acquired prior to entry into Australia.
   
  "Government committed to detention regime," Media release VPS 82/2004, 10 June 2004
   
  Related:
   
  
  • "Detention in need of some attention," Australian Financial Review, 24 June 2004
     
  • "It's time to put away the big stick," The Age, 25 May 2004 (opinion by Gerard Henderson, Executive Director of The Sydney Institute)
     
  • "Australia's inhospitality industry," Australian Financial Review, 14 May 2004 (opinion by Julie Macken, who is currently writing a book on the psychological effects of mandatory detention, on the detainees and on Australians)
     
  • "Faced with unprecedented influx, Government did what it had to, says Ruddock," Sydney Morning Herald, 7 May 2004
     
• Pacific Solution update
   
  Almost all of the boat people on Nauru and Manus have been granted refugee status. All of the 'Tampa' asylum seekers have been granted refugee status and resettled to New Zealand, Australia, or elsewhere under the auspices of the UNHCR. As at time of writing, 25 Afghans or people claiming to be Afghans remain on Nauru, with the Government expecting to finalise its decisions in respect of these cases in the near future.
   
  Further reading:
   
  • "Decisions handed down on Nauru," Media release VPS 071/2004, 14 May 2004
     
  • "Further decisions handed down on Nauru," Media release VPS 073/2004, 17 May 2004
     
  • "Further decisions handed down on Nauru," Media release VPS 076/2004, 23 May 2004
     
  • "Iraqi asylum seekers on Nauru and Afghan caseload," Media release VPS 087/2004, 20 June 2004
     
  • "Refugee Council responds to the current situation on Nauru," Media release by David Bitel, President of RCOA, 16 December 2003
     
  • "NZ takes last Tampa refugees," Dominion Post (NZ), 23 June 2004
     
  • "Last man on Manus wins freedom," The Age, 29 May 2004
     
  • "Tampa saga officially over," Weekend Australian, 20 May 2004
     
  • "About face: Afghans on Nauru to be let in," Sydney Morning Herald, 15 May 2004
     
  • "For the sake of the families: New Zealand has created new lives for the refugees that Australia abandoned to the Pacific Solution," Sydney Morning Herald, 27 March 2004
     
• Port Hedland closed
   
  The Port Hedland, Western Australia, detention centre has been closed and the remaining detainees transferred to the Baxter facility in South Australia. In addition, family-friendly residential housing projects are being augmented in Perth and Sydney, with additional funding having been announced in the May budget.
   
  In related news, Channel 7 TV has admitted it could not substantiate allegations it aired about abuse of detainees at Baxter Detention Centre.
   
  "Transfer of detainees from Port Hedland to Baxter," Media release VPS 78/2004, 25 May 2004
   
  "Just when you think you've heard it all," Media release VPS 83/2004, 10 June 2004
   

United Nations news

• World Refugee Day
   
  World Refugee Day was celebrated on Sunday 20 June, with the theme "A place to call home: rebuilding lives in safety and dignity."
   
  Activities in Sydney included a rally in Hyde Park, a speech by former Governor General Sir William Deane at a Jesuit Refugee Service event, an Australian Chamber Orchestra concert and other events. In Canberra 10,000 hearts were planted on the grounds of Parliament House.
   
  Related:
   
  
  • UNHCR Special events webpage - includes link to World Refugee Day 2004 National Activity Plans by country
     
  • "Australia's proud contribution to world refugees," Media release VPS 086/2004, 21 June 2004
     
  • "Show refugees compassion and understanding," Human Rights Commissioner's media release, 20 June 2004
     
  • "Sir William slams child detention," Sydney Morning Herald, 20 June 2004
     
  • "Silent voices speaking out for refugees," Uniya Jesuit Social Justice Centre media release, 20 June 2004  
  
   
• Ruud Lubbers visit
   
  Mr Ruud Lubbers, United Nations High Commissioner for Refugees, visited Australia in March 2004. It was his first visit to Australia since becoming High Commissioner. Mr Lubbers was critical of the Nauru detention centre and other aspects of Australia's refugee policies, but praised Australia's successful resettlement program.
   
  The Minister for Immigration, Senator Vanstone, met with Mr Lubbers and announced that Australia will play a leading role in funding international efforts to assist Afghan refugees and internally displaced people in Afghanistan return home, by providing $4.66 million in funding to the Office of the United Nations High Commissioner for Refugees (UNHCR). She also announced the welcome news of an increase in the size of the 2004-05 refugee program.
   
  "UNHCR boss labels detention centres 'stupid'," SBS Radio News, 26 March 2004
   
  "Australia to Fully Fund UNHCR Project in Afghanistan," Media release VPS 057/2004, 24 March 2004
   
• Refugees & migrants: the difference
   
  On 5 April 2004, BBC News published an article by the UN High Commissioner for Refugees, Mr Lubbers, explaining the difference between refugees and economic migrants. "We have to be clear about who is a refugee and who is a migrant, and not sacrifice one to keep out the other," Mr Lubbers wrote.
   
  "Refugees and migrants: defining the difference," BBC News, 5 April 2004
   
• UNAA Report: "The Untold Story"
   
  The UN Association of Australia has compiled a report, "The Untold Story," which details the extensive work being undertaken by Australians to assist refugees on temporary protection visas and people in detention. The report was presented to the UNHCR in Geneva in March 2004.
   
  "UN hears of refugee aid," The Age, 30 March 2004
   
  United Nations Association of Australia
   
• UNHCR research papers
   
  Two recent papers in UNHCR's "Legal and Protection Policy Research Series" have been released:
   
  • "Political Rights of Refugees", and
     
  • "The Interface between Extradition and Asylum"
  
   
  Both papers can be found at http://www.unhcr.ch/protect/ (scroll down "Legal and Protection Policy Research" in the lower right-hand column).
   
• Recent news releases
   
  Recent news releases from the UN News Centre:
   
  • "Numbers of refugees and internally displaced lowest in 10 years," 17 June 2004 (the top 5 asylum countries in 2003 were Pakistan, Iran, Germany, Tanzania and the USA);
     
  • "Security Council urged to strengthen efforts to protect civilians during war," 14 June 2004;
     
  • "World's human rights workers unite to face challenges," 13 May 2004;
     
  • "Human rights abuses go well beyond cases that make headlines - Annan," 25 May 2004;
     
  • "UN to host seminar series aimed at combating intolerance," 14 June 2004 - anti-Semitism will be the theme of the first conference, held 15 June, and the next seminar, set for around January 2005, will address Islamophobia;
     
  • "UN and individual countries pledge to never desert the Palestinian refugees," 8 June 2004 - and see AusAID Media Release AA 04 039, 8 June 2004;
     
  • "UN labour agency agrees to plan to promote better rights for migrant workers," 16 June 2004;
     
  • "UN humanitarian work for 50 million people being hit by low donations," 15 June 2004;
  
   

Country reports

• Amnesty International

  The Amnesty International Report 2004 was released on 26 May. The report is available at http://web.amnesty.org/report2004/index-eng
   
  The Attorney-General, Mr Ruddock, has rejected Amnesty's criticism of Australia's anti-terrorist legislation (Media Release 081/2004, 27 May 2004).

  
   
• US Committee for Refugees

  The US Committee for Refugees released its World Refugee Survey 2004 on 24 May. The report is available at http://www.refugees.org/wrs04/main.html
   
  Related:  "7m refugees 'lack basic UN rights'," The Australian, 25 May 2004

  
   
• Reporters Without Borders

  Reporters Without Borders' 2003 Annual Report was released on 2 May. Australia's press freedom ranking fell to 50th, down from 12th in 2002. The report is available at http://www.rsf.org/rubrique.php3?id_rubrique=416
   
  Related:
   
  "Refugee record 'pulls govt down'," Sydney Morning Herald, 3 May 2004

  
   

Charities

• Final Government response to Charities Definition Inquiry

  The Government has announced its final response to the Charities Definition Inquiry. The Treasurer, Mr Costello, has said that the common law definition of a charity will continue to apply, with the additional meanings found in the Extension of Charitable Purpose Bill 2004. That Bill extends the common law meaning of charity to include non-profit organisations providing child care to the public; self-help bodies with non-discriminatory membership; and certain religious orders. The Government has dropped its draft Charities Bill, which would have penalised charities attempting to change the law or government policy.
   
  In related news, the Government will require charities to be "re-endorsed" for various tax exemptions, but the new endorsement arrangements will be delayed to 1 July 2005.
   
  Related:
   
  Government Response & endorsement arrangements
   
  "Charities face confusion," Australian Financial Review, 14 May 2004

  
   
• ATO Non-profit News Service

  The Australian Taxation Office has a website dedicated to Non-Profit Organisations. Recent items from the Non-Profit News Service on that webpage have dealt with the Government Response to the Charities Definition Inquiry, a new publication explaining tax treatment of transactions between a non-profit organisation and its volunteers, and new tax concessions for non-profit organisations.
   
  The ATO Non-Profit Organisations website is found at http://www.ato.gov.au/nonprofit/default.asp.

  
   
• Reports on NGOs and Government

  Two new reports on the respective roles of NGOs and Governments may be of interest:
   
  

  • Silencing Dissent: Non-government organisations and Australian democracy, by the Australia Institute
     
    An overwhelming majority of charitable and community organisations in Australia believe the Federal Government is determined to gag their right to free speech, according to a leading public interest think tank, The Australia Institute. The finding was made in a survey conducted for a study of non-government organisations and Australian democracy. The Institute's report can be read under 'What's New' on its website - www.tai.org.au.
     
    Related:
     
    "Government Gags Community Voice," Australia Institute media release, 2 June 2004
     
    "Encourage, don't threaten or silence NGOs," NCOSS media release, 2 June 2004
     
    "A Hush everywhere but the letters pages," Sydney Morning Herald, 5 June 2004 (opinion)
     
  • The Protocol: managing relations with NGOs, by the Institute of Public Affairs
     
    A new report written for the Federal Government concerning ways in which the Government can share with the electorate details of the NGOs whom it chooses to grant the privileges of representative status, and whom it funds. The research report, "The Protocol: managing relations with NGOs," by the Institute of Public Affairs, was commissioned by the Commonwealth Department of Family Services. The Report can be found on the FACS website.
     
    Related:
     
    "Transparency Maintained for Growing Engagement between Government and Non-Government Organisations," Media Release by the Minister for Family & Community Services, Senator Patterson, 16 June 2004;
     
    "When 'charity' really means 'lobbyist'," by Gary Johns of IPA, The Age, 12 June 2004
     

• NSW Government insurance assistance

  The New South Wales Minister for Commerce, Mr Della Bosca, has announced new funding to help establish a bulk-buying scheme for liability insurance for not-for-profit organisations.
   
  "Major Insurance Initiative for the NSW Community Sector," NCOSS media release, 27 April 2004
   

• SEEK Volunteer website

  SEEK Volunteer is a free website offering organisations the opportunity to post notice of available volunteer positions. The site was built by recruiting firm seek.com.au, which still maintains the site in conjunction with Volunteering Australia. According to a recent Sydney Morning Herald feature article, each month about 40,000 people visit the site, which contains notice of about 50,000 volunteering positions available from 3,000 organisations.
   
  To post a notice or apply for a position, go to seek.com.au, and scroll down to follow the link to SEEK Volunteer at the bottom of the page.

  
   

Other government news

• Organising events & conferences in Australia

  The Department of Immigration has released a fact sheet, " Organising Events and Conferences in Australia," updated 7 June 2004.
   

• Refugee & migrant settlement services

  As part of the May budget announcements, the Minister for Citizenship & Multicultural Affairs, Mr Hardgrave, has outlined the Government's plans for refugee and migrant settlement service delivery with a Budget allocation of $267 million. ("United in success," Media release H102/2004, 14 May 2004; "Government boosts grant funding for settlement services," Media release H105/2004, 26 May 2004)
   
  Earlier this year Mr Hardgrave also announced a pilot project to assist refugee and humanitarian job seekers. ("Refugees helped to find jobs," Media release H035/2004, 9 March 2004)
   

• Humanitarian aid for Sri Lanka & Sudan

  The Minister for Foreign Affairs, Mr Downer, has announced Government funding of $5 million for humanitarian assistance in Darfur, Southwest Sudan, and $3 million for emergency assistance to Sudanese in refugee camps in Chad. He has also announced $14 million to assist displaced people and refugees from Sri Lanka.

  "Humanitarian assistance for Sudan," Media release AA034/2004, 17 May 2004
   
  "Australian aid for Sudanese refugees," Media release AA041/2004, 18 June 2004
   
  "More aid for refugees and displaced people in Sri Lanka," Media release AA040/2004, 10 June 2004
   

• Australia does say YES to refugees

  The Minister for Immigration, Senator Vanstone, has launched an information kit, "Australia says YES to refugees," for Australian schools. Senator Vanstone stated that it is important that Australians realise that since the 1940s we have resettled more than 620,000 refugees and displaced people. She has also strongly rejected Opposition criticism of the kits.
   
  "Kids need to know that Australia does say YES to refugees," Media Release V063/2004, 21 April 2004;
   
  "Refugee information kits," Media Release V077/2004, 24 May 2004.
   

• Federal Civil Justice System Strategy Paper

  The Attorney-General's Department has extended the time for comment on the Federal Civil Justice System Strategy Paper, to 18 June 2004.
   
  The Strategy Paper and information about how to make a submission are found at http://www.ag.gov.au/civiljusticestrategy
   

• Minister celebrates with Filipino community

  The Minister for Citizenship & Multicultural Affairs, Mr Hardgrave, has extended his best wishes for to the Filipino community, on the occasion of the 106th anniversary of their Independence Day.
   
  Media Release H113/2004, 13 June 2004
   

• Speaking out for women's human rights

  The Human Rights and Equal Opportunity Commission (HREOC), the Centre for Refugee Research (CRR) and the Australian National Committee on Refugee Women (ANCORW) are coordinating a Women's Human Rights Court (15-16 June) and Women Taking Action Workshop (17-19 June) in Sydney to celebrate an important period for women's human rights in Australia. 2004-05 marks the time for three of the most significant women's human rights instruments: the 20th Anniversary of the Sex Discrimination Act 1984 (2004), the 10 year review of the Beijing Platform for Action (2005) and the Convention on the Elimination of Discrimination Against Women (CEDAW) Committee's review of Australia's report on its implementation of CEDAW (2005).
   
  HREOC Media Release, 15 June 2004
   

• Survey on migrant victims of crime

  The Minister for Citizenship & Multicultural Affairs, Mr Hardgrave, and the Minister for Justice & Customs, Senator Ellison, have announced that Australia will join a global survey of migrant victims of crime. The survey is intended to help dispel damaging stereotypes and contribute to international data on crime and victimisation.
   
  Media Release H107/2004, 28 May 2004
   

• High cost of overseas adoption in NSW

  A recent Sydney Morning Herald article has highlighted the high cost of overseas adoptions. The article compares the costs in New South Wales and other Australian jurisdictions. The NSW Dept of Community Services fee (currently $2900) is set to rise to $9700 on 1 July 2004.
   
  "High cost makes overseas adoption province of the rich," Sydney Morning Herald, 29 May 2004 (available on Fairfax NewsStore)
   

Legislation update

• Commonwealth Bills

  A number of Bills relevant to immigration law are currently before Parliament. Most of these Bills have been summarised in previous editions of our Newsletter. Below is a summary of their status as at 23 June 2004.

  Full text of the Bills, Explanatory Memoranda, 2nd Reading Speeches and Bill Digests may be found in the Parliament Bills Index.

  • Migration Amendment (Judicial Review) Bill 2004

    This Bill reintroduces time limits in migration cases in the federal courts, including the High Court. The Bill was introduced by the Government in response to the High Court's decision in Plaintiff S157 v The Commonwealth, which was a case conducted by Parish Patience Immigration (Nigel Dobbie as instructing solicitor with Learned Counsel Duncan Kerr MP and Professor George Williams).
     
    Parish Patience Immigration have published a comprehensive analysis of the Bill on our articles page.
     
    This Bill passed through the House of Representatives on 25 March 2004. The Bill was then introduced into the Senate, where it was referred to Senate Legal and Constitutional Legislation Committee which tabled its report on 17 June 2004.
     
    Related:
     
    Inquiry into the provisions of the Migration Amendment (Judicial Review) Bill 2004 - Committee's website, including links to submissions by the Refugee Council of Australia and others;
     
    Bill Digest from Parliamentary Library - includes links to background reading;
     
    "Migration Amendment (Judicial Review) Bill 2004," article by Parish Patience Immigration 31 March 2004;
     
    "Reforms to the Migration Act to reintroduce time limits in Federal Courts," Ministers' joint media release 25 March 2004;
     
    "Migration law reform proposals need further scrutiny," Law Council of Australia media release 29 March 2004.
     

  • Anti-terrorism Bill 2004 and Anti-terrorism Bill (No 2) 2004

    The Anti-terrorism Bill was introduced in the House of Representatives on 31 March 2004. The Bill was then introduced into the Senate, where it was referred to Senate Legal and Constitutional Legislation Committee which tabled its Report on 13 May 2004. The Bill passed through the Senate on 16 June 2004. On 22 June, the House of Representatives agreed with 8 of the 10 amendments made by the Senate.
     
    On 17 June, the Anti-terrorism Bill (No 2) was introduced in the House of Representatives. This Bill was referred to Senate Legal and Constitutional Legislation Committee on 23 June, with report due 5 August 2004.
     

  • National Security Information (Criminal Proceedings) Bill 2004 and National Security Information (Criminal Proceedings) (Consequential Amendments) Bill 2004

    These Bill were introduced in the House of Representatives on 27 May 2004. The Law Council of Australia has warned that the Bill could result in those accused of a Commonwealth offence involving classified information being denied the right to choose their lawyer.
     
    Related:
     
    "Lawyers Reject 'Unnecessary' Security Clearance Laws," Law Council of Australia media release, 27 May 2004;
     
    "Ruddock seeks secret court sessions," The Age, 28 May 2004.
     

  • Marriage Legislation Amendment Bill 2004

    This Bill was introduced in the House of Representatives on 27 May 2004. The Bill defines marriage as the union between a man and a woman. The Government has also reiterated that it is "fundamentally opposed" to same sex couples adopting children. At the same time, the Government has announced the extension of tax-free superannuation death benefits to couples in a same sex relationship. The Bill has passed through the House of Representatives. The Senate has referred to the Bill for inquiry, with report due on 7 October 2004.
     
    Related:
     
    "Government defends marriage," Attorney-General's media release, 27 May 2004;
     
    "Death benefits and interdependent relationships," Assistant Treasurer's media release C46/04 and Attorney-General's media release 80/2004, 27 May 2004;
     
    "Government says no to marriage and adoption but yes to super death benefits," CCH Family Law News, 7 June 2004;
     
    "Superannuation offer just a sweetener: gay rights group," Sydney Morning Herald, 27 May 2004;
     
    "Gay marriage ban faces review," Sydney Morning Herald, 23 June 2004.
     

  • Exposure Draft Administrative Appeals Tribunal Amendment Bill 2004

    The Attorney-General, Mr Ruddock, has released an exposure draft of the Exposure Draft Administrative Appeals Tribunal Amendment Bill 2004. The exposure draft is available at www.ag.gov.au/AATamendmentbill.
     
    "Release of AAT Amendment Bill for public comment," Attorney-General's media release 88/2004, 8 June 2004.
     

  • Draft 'Baseless Claims' legislation

    The Attorney-General, Mr Ruddock, has signalled that new laws are needed to tighten the common law definition of unmeritorious applications for judicial review, because existing court powers to order costs against solicitors personally are too vague.
     
    At the same time, a Senate Estimates Committee has heard that the backlog of migration cases in the Federal Court has all but disappeared. Under new Federal Court rules, applicants must provide clarity on the basis of their arguments or risk dismissal. On the other hand, there are still very lengthy delays in the hearing of appeals in the Federal Magistrates Court.
     
    Related:
     
    "[Existing] Baseless claims law 'too vague," Australian Financial Review, 14 May 2004;
     
    "New rules clear backlog," Australian Financial Review, 28 May 2004;
     
    "Lawyers may bear costs of fighting immigration battles," Sydney Morning Herald, 6 May 2004;
     
    "[Federal Magistrates] Court shoulders heavy load," Australian Financial Review, 14 May 2004.
     

• Migration Amendment Regulations 2004 (No 2), SR 2004 No 93
   
  New regulations to take effect on 1 July 2004 were gazetted on 20 May. According to the Explanatory Statement, these are routine amendments making technical changes in a number of areas. Full text of the Regulations and Explanatory Statement is available at ScalePlus.

• United Kingdom sham marriages bill

  A committee of the House of Lords is considering a Bill which would require non-European citizens planning to marry a Briton to first obtain approval from a special registrar. The House of Lords committee is scheduled to present a provisional report on 28 June 2004.
   
  Progress of the Asylum & Immigration (Treatment of Claimants &c) Bill 2003/04 can be tracked at http://bills.ais.co.uk/AC.asp.
   
  Related:
   
  "'I do.' but Britain to decide 'you can'," The Age, 10 June 2004

• European Union

  EU nations have agreed on joint procedures for asylum seekers and illegal immigrants. Further reading:
   
  

  • EU: Justice and Home Affairs Council - Analysis of the Asylum Procedures Directive
     
  • EU: Amended proposed Directive on minimum standards on procedure for granting and withdrawing refugee status
     
  • EU: Minimum common list of safe countries of origin
     
  • "UN Refugee agency concerned by new EU law on asylum seekers," UN News Service, 30 April 2004
     
  • "Rushed EU asylum rules face court challenge," The Guardian, 5 May 2004

Recent caselaw

Following is a brief outline of recent developments. Transcripts of High Court hearings and full text of most decisions are available on Austlii.

High Court

• Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32, 17 June 2004

  Immigration - Refugees - Procedural fairness - Refugee Review Tribunal - Jurisdictional error - Privative Clause - Expert medical advice - Psychological state of applicant assumed to be possible explanation for unsatisfactory evidence - Whether denial of procedural fairness by failing to order further psychological assessment of applicant - Whether denial of procedural fairness by accepting that applicant suffered stress disorder - Whether denial of procedural fairness by acceptance of effects of disorder on applicant without expert medical advice. Minister's appeal allowed.

   
• Re Minister for Immigration and Multicultural Affairs; Ex parte Goldie [2004] HCA 27, 15 June 2004, Gummow J

  High Court - Practice - Costs - Taxation - Counsel fees - Australian Government Solicitor ("AGS") providing services of both solicitor and counsel - Brief marked at a daily rate and an hourly rate delivered by AGS solicitor to AGS in-house counsel - Invoices of fee raised for performance of services in the role of counsel and consolidated with other charges - Whether allowances should be made for AGS in-house counsel fees where in-house counsel acting as counsel - Whether fees allowed under High Court Rules, O 71 r 91 - Whether AGS is a practitioner or firm of practitioners within the meaning of High Court Rules, O 71 r 93 - Whether AGS is the Commonwealth within the meaning of High Court Rules, O 71 r 93. Application to review taxation granted. The Minister to recover the items for counsel's fees which were disallowed.

   
• Minister for Immigration and Multicultural and Indigenous Affairs v B [2004] HCA 20 (29 April 2004)

  As reported in the previous issue of our Newsletter, in this decision the High Court held that the Family Court lacked jurisdiction to order the release of children from immigration detention. The Government subsequently declared the home where the children are staying and the school they are attending to be places of detention.
   
  The case continued in the Federal Court in Adelaide, where the children's lawyers were arguing that the indefinite detention of the children is illegal under the principles of the Al Masri decision.
   
  On 23 June, the children's lawyer announced that the Federal Court action would be discontinued, now that the children's mother had been allowed to move in with the children. The children's father still has matters before the courts.
   
  The children have also obtained leave to appeal to the England and Wales Court of Appeal, against Britain's refusal to grant the children asylum after they escaped from detention in 2002 and sought asylum at the British Consulate in Melbourne.

  Additional information:

  • "Bakhtiyari case," Media release VPS 79/2004, 4 June 2004;
     
  • "Release Bakhtiyari children, lawyers tell court," The Age, 26 May 2004;
     
  • "Bakhtiyari children drop legal case to be freed," Sydney Morning Herald, 23 June 2004;
     
  • "Bakhtiyari boys win right to appeal," The Age, 28 May 2004 (available from Fairfax NewsStore).
     
• Applicant S v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 25 (27 May 2004)

  This case involved an asylum seeker from Afghanistan. The issue was whether all able bodied young men in Afghanistan could be identified as a particular social group under the Refugees Convention. The High Court allowed the applicant's appeal and granted him refugee status. Callinan J dissented.
   
  Related: "Court win for Taliban press-gang fugitive," The Age, 28 May 2004
   

• Singh v Commonwealth of Australia [2004] HCATrans 5, HCATrans 6 (10 & 11 February 2004)
   
  Immigration - citizenship - ramifications of birth in Australia - plaintiff was born in Australia on 5 February 1998 to two Indian citizens - whether plaintiff acquired Australian citizenship by birth in Australia on 5 February 1998 and has retained it since that date. The High Court heard oral argument on 10 & 11 February 2004, and has reserved its decision.
   
  Related:
   
  • "Were your children born in Australia?," Parish Patience Immigration media release, 23 April 2004
     
  • "Asylum seekers' child challenges citizenship law," The Age, 11 February 2004
     
  • "We are Australian: The Constitution and Deportation of Australian-born Children," Parliamentary Library Research Paper, 24 November 2003 (56 pages)
  
   
• High Court special leave applications

  Pending High Court special leave applications are summarised in the High Court Bulletin.

  • Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (S323/2002)

    Immigration - refugee status - relevance of being compelled to live discreetly - applicant citizen of Iran - applicant claimed fear of persecution by reason of his recent conversion from Islam to Christianity - Refugee Review Tribunal ("RRT") found that Iranian converts to Christianity who went about their devotions quietly and maintained a low profile were generally not disturbed - no consideration given to issue of whether proselytizing was an essential aspect of applicant's new found faith - whether reasoning of RRT was reconcilable with decision of High Court in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71.
     
    Appealed from FCA (FC). Date heard: 17 February 2004. Special leave granted.
     

  • NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (S425/2003)

    Immigration - refugee status - doctrine of effective persecution - applicants were Russian Jewish citizens who lodged applications for refugee status shortly after lawfully arriving in Australia - delegate of respondent refused those applications at first instance - Refugee Review Tribunal ("Tribunal") found applicants to have a genuine fear that they would be persecuted by virtue of being Jewish if compelled to return to Russia - Tribunal then found that applicants would be treated as Jews by Israel and would be permitted to enter and reside there - although applicants did not have Israeli citizenship or any connections to Israel Tribunal found that doctrine of effective protection required applicants" refugee status applications to be refused - whether an application for refugee status will be granted only where there is no other contracting state which might provide effective protection to refugees - whether decision of Full Federal Court in Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FC 543 was correctly decided.
     
    Appealed from FCA (FC). Date heard: 30 April 2004. Special leave granted.
     

  • SAAP & Anor v Minister for Immigration and Multicultural and Indigenous Affairs (A10/2003)

    Immigration - procedural fairness - privative clause decisions - applicants were Iranian citizens who entered Australia without authorisation - refugee status claimed by applicants on basis that they would be persecuted in Iran by virtue of being followers of Sabean Mandean faith - applications for refugee status refused by both respondent's delegate and Refugee Review Tribunal - applicants claimed that Tribunal exceeded its jurisdiction by unlawfully taking evidence from applicant's elder daughter and by not fulfilling requirements of Migration Act 1958 (Cth), s 424A - whether Tribunal failed to comply with Migration Act, s 424A - whether a Tribunal decision that failed to comply with s 424A was nevertheless a privative clause decision for purposes of Migration Act, s 474.
     
    Appealed from FCA (FC). Date heard: 30 April 2004. Special leave granted.

Diary dates

• May - July: Workcover NSW Small Business Seminars. WorkCover is conducting a series of seminars throughout NSW to assist small business operators understand how occupational health and safety requirements apply to their workplace. Registration is free however bookings are essential. More information from http://www.workcover.nsw.gov.au/NoticesEvents/upcoming_events.htm
   
• June 20:  World Refugee Day.  More information from: www.unhcr.ch
   
• June 20:  World Refugee Day in Canberra. 10,000 hearts will be displayed on the grounds of Federal Parliament. More information from: www.unaa.org.au
   
• June 20:  World Refugee Day - Flotillas of Hope scheduled to arrive in Nauru. More information from: www.flotilla2004.com
   
• June 25 - 5 July:  David Bitel consultations in the Philippines. More information in the Staff News section of this Newsletter.
   
• June 26:  International Day in Support of Victims of Torture. More information from: www.un.org/rights
   
• August 27-29: ICJ Biennial Conference Berlin, Germany. David Bitel will attend in his capacity as Secretary-General of the Australian Section of the ICJ. More information at www.icj.org
   
• August 29:  Refugee and Migrant Sunday. More information from the National Council of Churches in Australia: www.ncca.org.au
   
• October 24-29: International Bar Association Conference 2004, Auckland, New Zealand. Managing Partner David Bitel will attend. More information from http://www.ibanet.org
   
• Refugee Council of Australia Coming Events - includes notice of several Humanitarian Practice training courses.
   
• United Nations Association of Australia 'Diary Dates'
   

Reader contributions of upcoming events may also be submitted to the Parish Patience Immigration Update Newsletter Editor.

Quote of the month

" Do not mistreat foreigners who are living in your land.
Treat them as you would a fellow Israelite,
and love them as you love yourselves.
Remember that you were once foreigners in the land of Egypt."

                                   - Leviticus 19:34 (Good News Australian Edition)

We welcome reader contributions of quotable quotes to the Editor.

Contact us

Parish Patience Immigration
Lawyers
Level 1, State Street Centre
338 Pitt Street
SYDNEY NSW 2000
AUSTRALIA

Tel: +61 2 9286 8700
Fax: +61 2 9283 3323
Web: www.ppilaw.com.au

Registered Migration Agents 9255523, 9359088, 9370721,
9800540, 9802999, 0004435, 0106541, 0322836, 0425543, 0426524

Liability is limited by the Solicitors Scheme under the Professional
Standards Act 1994 (NSW)

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