Asylum Seekers

On 23 January, the Refugee Council of Australia issued a press release calling for compromise on the issue of detention policy. While recognising the complexities of the Government's position, the Council urges an immediate end to mandatory detention of children and states that the Government must ensure the continued processing of refugee status claims consistent with our obligations under international law. David Bitel is Managing Partner of Parish Patience Immigration Lawyers and also serves as President of the Refugee Council of Australia.  It's Time for Compromised Solutions (RCOA press release).

Various church organisations have also issued statements severely critical of the Federal Government's policies in this area, and the group Rural Australians for Refugees have issued a statement proposing that detainees be released to community groups. The Government response to date remains unmoved by the growing public disquiet within informed sections of the community.   See also the following:-

• Human Rights Watch has released its World Report 2002, including criticism of the Australian Government's handling of the Tampa incident and "xenophobic rhetoric" in the lead-up to the general election last November.

• The Australian Human Rights and Equal Opportunities Commission will investigate conditions of children at Woomera Detention Centre. Media release and National Inquiry.

• Refugees and the Refugee Council of Australia: Contemporary Issues - Refugee Week 2001 speech by David Bitel, sponsored by Waverley Council in Sydney.

• Neville Roach, appointed by the Immigration Minister, Mr Ruddock, to chair the Council of Multicultural Australia, has resigned over the Government's treatment of asylum seekers. "Ruddock Advisor Quits in Disgust", Sydney Morning Herald, 23 January 2002.

• Opposition Leader Simon Crean has called for removal of children from detention centres. The Australian Labor Party leader's remarks were made in an Australia Day citizenship ceremony address in Brisbane. For the full text of Mr Crean's speech, click here.

• Immigration Minister's Transcripts - Transcripts of various speeches and press conferences by the Minister for Immigration, Mr Ruddock.

Recent Caselaw

• The Full Federal Court has confirmed as acceptable the Refugee Review Tribunal practice of not inviting an applicant for a rehearing where the first member hearing the case retires. There is no obligation per se on the Tribunal to give an applicant a new hearing even if it is requested. Liu v MIMA [2001] FCA 1362.
• The Refugee Review Tribunal must consider the issue whether an applicant left a country illegally as a factor adding weight to his or her claims of persecution. In a recent case an applicant from Algeria was successful before the Federal Court because the RRT had failed to address this issue. L'Hadj v MIMA [2001] FCA 1608.
• In reviewing an application for a protection visa on the ground of homosexuality, the Federal Court has upheld the view that the mere existence of a law criminalising homosexual conduct is not enough to prove persecution. The applicant needed to show that the law is applied. The Court also considered the issue of "discretion" (i.e. being "discreet") in the context of the Refugee Convention. Nezhadian v MIMA [2001] FCA 1415.
• In another recent decision, the Federal Court undertook an extensive review of the caselaw on how to treat perceived inconsistencies in a protection visa applicant's story. The decision provides helpful analysis for advisors preparing submissions to the Refugee Review Tribunal. Naz v MIMA [2001] FCA 1591.
• On a related note, the Federal Court also recently had this to say:-
  Although this Court cannot intervene I remind the Tribunal that expecting applicants for refugee status to answer a series of "quiz" questions about geography, political figures, dates and designs of flags, can be very misleading. A cunning, well-versed imposter will know all the answers. A genuine, frightened applicant may create a misleading impression through his or her lack of knowledge. There is a need, when considering applications for refugee status, to be both understanding and practical. There are happy, well-adjusted Australian citizens who cannot remember their motor car registration number, who cannot name the personalities who feature on our currency, who cannot name the premiers and governors of other states, yet they are Australians to the core. Mazher v MIMA [2001] FCA 1646.
• And a reminder that in the appropriate circumstances, even one incident can be sufficient to establish persecution under the Refugee Convention. Trujillo v MIMA [2001] FCA 1452

Position Vacant

Due to the expansion of our practice, Parish Patience Immigration Lawyers seek a solicitor to join our team. Ideally you will be a recent law graduate who has previous experience as a migration agent. Essential: current law society practicing certificate and MARA registration. Knowledge of a community language would be an advantage. Attractive conditions are offered. To send your c.v. or request further information, please contact Liz Fernandez, Office Manager.

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

Tel: +612 9286 8700
Fax: +612 9283 3323
Email

www.parishpatience.com.au/immigration/

Registered Migration Agents 9255523, 9360676, 9359088, 9370721, 9800540, 9802999, 0004435

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

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