Asylum seekers and refugees

Australia’s current asylum seekers policies and practices are a gross breach of human rights and decency. CCL gives very high priority to helping bring about fundamental reform to these policies. We prioritise advocacy for the restoration of Australia’s commitment to respect and fulfil our international human rights obligations, especially in relation to the Convention for the Security of Refugees, which the Australian Government has so shamefully repudiated in law and in practice.

Specific priorities include the reinstatement of a pathway to permanent visas; an end to indefinite detention of refugees resulting from ASIO adverse security assessments; clear policy separation of ‘border security’; and ‘national security’; visa cancellations  and an ongoing update of CCL policy in response to the latest Australian Government policies and practices.


Statement: Fee increase on visa matters

25 February 2021 

PUBLIC STATEMENT

Asylum seekers who are denied visas by Mr. Dutton, the Minister for Home Affairs, will now face fees of $3,330 to appeal to the Federal Circuit Court to have his decisions reviewed and overturned.  This is a clear, deliberate and unconscionable action by the Morrison Government to deny asylum seekers access to the Courts and to justice.  

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Submission: Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020

NSWCCL made a submission to the Legal and Constitutional Affairs Committee Inquiry into the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020 [Provisions].

If passed, this bill would cripple the ability of litigants to have access to information that is critical for their cases for retaining a visa, becoming citizens or retaining their citizenship.

While it protects the constitutionally guaranteed powers of the High Court, the Federal Court and the Federal Circuit Court to know whatever information is relevant to their reviews of ministerial decisions, it would prevent other courts and other bodies from having such access. And vitally, it not only would allow what it defines as ‘Protected Information’ to be concealed from litigants and their counsel, it would allow them to be denied even the information that such information exists. In effect, only the Minister could use the information in court.

This is unacceptable. It is contrary to Australia’s international obligations. But most importantly, it is a severe intrusion on the rights of a person to a fair hearing. It overturns the basic legal principle of equality before the law.

More information: read our full submission

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NSWCCL writes to Senators re filing fee increase for migration-related matters

NSWCCL wrote to ALP and Cross-bench Senators regarding the increase in filing fees in the Federal Circuit Court for migration-related matters. The fee will rise from $690.00 to $3,300.00. NSWCCL urged Senators to vote to disallow this instrument.


1 December 2020

Dear Senator,

Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020

On October 29 this year, the Government introduced a swingeing increase in filing fees in the Federal Circuit Court for migration-related matters. The fee will rise from $690.00 to $3,300.00 on January 1 next year.

The New South Wales Council for Civil Liberties is deeply concerned by this change, as it will prevent many people from obtaining a review and reversal of unlawful, unjust, adverse decisions.  It will prevent others from being able to afford legal representation too, thus lessening their chances of having mistakes exposed.

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Open letter to cross-bench Senators re Strengthening the Character Test Bill

Update 18 October 2021: with this legislation now listed for a second reading this week, we again wrote to all cross-bench senators reiterating our opposition to this bill and encouraging them to vote against it.

 

NSWCCL wrote to cross-bench Senators urging them to oppose the Strengthening the Character Test Bill.


1 December 2020

Dear Senator,

I am writing on behalf of the New South Wales Council for Civil Liberties, asking you to vote against the Strengthening the Character Test Bill, when, and if, that returns to Parliament.

Despite what has been said in the Explanatory Memorandum, this bill is not about outlaw motorcycle gangs, murderers, people who commit serious assaults, sexual assault of aggravated burglary. People who are convicted of such crimes do not receive sentences of less than a year, unless their actual offences are minor—and if so, they are known not to be a danger to the community.  People who receive sentences of a year or more are dealt with by the existing legislation.

 

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Policy: Visa cancellation on character grounds

2020 NSWCCL AGM

Item 8.2        Policy on visa cancellation on character grounds.

Preamble

Section 501 of the Migration Act enables the Minister for Home Affairs or his delegates to cancel the visa or to refuse a visa of any person who is decreed to have failed what is termed ‘the character test’.  The grounds on which this can be done are many:  they include inter alia serving a total of 12 months’ imprisonment; conviction for any offence, no matter how inconsequential, while in immigration detention; being a person who has been or is a member of a group or organisation, or has had or has an association with a group, organisation or person, and that group, organisation or person has been or is involved in criminal conduct; being a person whose criminal or general conduct is such that the person is not of good character; or having been ordered by a court to participate in a drug rehabilitation scheme.  If a court has found a person guilty of an offence against a child, or found a charge against the person proved for an offence against a child, whatever the penalty or  even if the person was discharged without a conviction, they fail the character test.  Persons can also be found to have failed the character test if there is only a risk that that they may engage in criminal conduct, vilify a section of the Australian community,  or incite discord in a section of that community.   Harassment, which is defined as including threats to the property of a person, also constitutes a failure of the character test.



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Submission: Migration Amendment (Prohibiting Items in Detention Facilities) Bill 2020

The Council for Civil Liberties (NSWCCL) thanks the Legal and Constitutional Committee (the Committee) for its invitation to make a submission concerning the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 (the bill). The bill is a modified version of a bill that was introduced in 2017 (the 2017 bill).

NSWCCL would like to speak further to these arguments when the bill is considered by the Committee.

Recommendations:

This bill should be rejected.

If the bill is to proceed, it should limit the general power to search for and seize things to those which are intrinsically harmful, such as guns, knives and unprescribed narcotics. It should stipulate that items that do not present inherent risks to safety and security should only be prohibited to specified individuals where there is evidence that the person has used or is reasonably likely to use the item in a manner that presents clear risks to safety or security, and where those risks cannot be managed in a less restrictive way.

If the bill is to proceed, dogs should not be able to be used for searches in immigration detention centres.

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NSWCCL writes to LEGCON Senators re Inquiry into Migration Amendment Bill 2020

NSWCCL has written to a number of Senators, members of the Legal and Constitutional Legislation Committee, regarding the inquiry into the Migration Amendment (Prohibiting Items in Detention Facilities) Bill 2020

The Refugee Action Collective of Victoria (RACV) has proposed that the Legal and Constitutional Committee ask the Department of Home Affairs a large number of questions about matters of fact before they meet on July 3. 

Although the New South Wales Council for Civil Liberties believes that there are strong grounds for rejecting the Bill outright that are for the most part independent of the matters that the RACV raises, we nevertheless urge you to do as the RACV requests.

Failure to present relevant facts until parliamentary committee hearings are underway, or by taking questions on notice, till after those hearings are complete, prevents transparency, and betrays a lack of commitment to democracy.

In addition to the question the RACV ask, NSWCCL requested the Senators to also ask:

How many landline telephones are available in each compound or separate section of each detention facility? For what hours are they available? And how many detainees are there in each of those facilities?

View the letter

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Refugee Week 2020

Refugee Week June 14 - June 20, is Australia’s peak annual activity to raise awareness about the issues affecting refugees and celebrate the positive contributions made by refugees to Australian society. Originally celebrated in 1986, Refugee Week coincides with World Refugee Day (20 June).

Refugee Week provides a platform where positive images of refugees can be promoted in order to create a culture of welcome throughout the country. The ultimate aim of the celebration is to create better understanding between different communities and to encourage successful integration enabling refugees to live in safety and to continue making a valuable contribution to Australia.

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The right to protest should not be curtailed

4th May 2020

The right to protest should not be curtailed

The NSW Council for Civil Liberties has grave concerns with the actions of the Victorian Police in the arrest of Chris Breen. To our understanding Mr Breen has been charged with incitement under section 321G of the Crimes Act 1958 for involvement in a protest car convoy. We are equally concerned with the issuing of infringement notices and fines of $1652 to 26 other participants.

On Good Friday the Refugee Action Collective planned a peaceful demonstration to highlight the living conditions for the refugees being held in the Mantra Hotel, Preston, The Mantra is being used as an Alternate Place of Detention (APOD). The purpose of the demonstration was to bring attention to the difficulties of maintaining social distancing and other hygiene concerns in the facility. NSWCCL has already voiced their concerns  with the conditions in APODs.

Acknowledging the social distancing laws in place at the time, the protestors organised a car convoy with no more than two people in each car. The previous day a similar convoy had been held by the United Voice Union and although there were threats made in the media by the Victorian Police, no arrests were made, as was appropriate for a peaceful protest

On Good Friday the Victorian Police acted otherwise, by arresting Refugee Action Collective member Chris Breen in his house, holding him for nine hours at Preston police station, seizing his electronic devices (including his son’s) and charging him with incitement under section 321G of the Crimes Act 1958 for involvement in the car convoy. Police also issued infringement notices and fines of $1652 to 26 participants in the convoy.

NSWCCL has a number of concerns with the actions of the Victorian Police.

We are concerned by the use of public health measures to respond to matters of political action.

We are concerned with the precedent these actions could have for future rallies, protests or picket lines.

In order to maintain the civil right to protest in Victoria we make the following demands:

  1. The charge against Chris Breen to be dropped.
  2. The infringement notices be revoked.
  3. The Victorian Police and Government approve future car convoys and other safe forms of political protest.

NSWCCL has also written to Victorian Police Commissioner, Graham Ashton AM regarding this matter. View the letter HERE.


Angela Catallo and Dr Martin Bibby, co-convenors, NSWCCL Asylum Seekers and Refugees Action Group

Media requests: Angela Catallo via email to [email protected]

 

See this statement as a PDF

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NSWCCL calls for release of those in alternative places of detention (APOD)

NSWCCL are asking members and supporters to urgently write to a group of Federal Ministers warning them of the risks involved in keeping 100 refugees in the Kangaroo Point Central Hotel, an alternative place of detention (APOD) in Brisbane, and 50 in the Mantra Hotel APOD in Melbourne.  We are calling for their immediate release into safe places in the community as part of the public health response to the COVID-19 emergency.

The risk in APODs is that they are crowded, and social distancing is impossible. Moreover, guards, service staff and others go in and out, generally without personal protective equipment. 

There are 9,900 members of I Have a Room, who have declared their willingness to look after asylum seekers and refugees in their own homes.  In APODs and Detention Centres, here, in Nauru and Manus Island, there are a few more than 1,400 asylum seekers and refugees. 

It is true that cases have been trending down: in Queensland in particular there have been no new cases of the virus in the last few days.  However, as Professor Paul Kelly, the Deputy Chief Medical Officer, said on the ABC’s Coronacast podcast on Wednesday 22 April, there is a risk of a second wave of the virus, which would be worse than the first.   Moreover, there may be asymptomatic cases, with people who are not aware that they have the disease able to spread it to others, who may die of it.

We thank you for taking this action to help protect asylum seekers and refugees in Australian care during the COVID-19 health crisis.

- Angela Catallo and Dr Martin Bibby, co-convenors, NSWCCL Asylum Seekers and Refugees Action Group

Media requests: Angela Catallo via email to [email protected]

 

Please write in your own words, or copy and paste the example letter below into an email, and send to:

The Hon. Alan Tudge, Acting Minister for Immigration [email protected]

The Hon. Peter Dutton, Minister for Home Affairs [email protected]

The Hon. Anne Ruston, Services Minister [email protected]

The Hon. Greg Hunt, Minister for Health [email protected]

The Hon. David Coleman, Minister for  Immigration, Citizenship, Migrant Services and Multicultural Affairs. [email protected]


Dear Ministers,

You will be aware of the concerns expressed by Mr. Ed. Santow about the COVID-19 health risk due to overcrowding inside two alternative places of detention (APODs) for refugees and asylum seekers - that is, in the Kangaroo Point Central Hotel in Brisbane and the Mantra Hotel in South Preston, Victoria.  According to Mr. Santow, social distancing is not possible while so many are detained there, and the lives of the detainees are at risk.

APODs are not isolated from the wider community--guards, service staff, cleaners and others go in and out.  They can carry infection in, and others will carry it out.  Mr. Santow's warning should be treated seriously and the response should be urgent.

I remind you of the consequences of Donald Trump's dismissal of warnings about the novel coronavirus as fear-mongering.

I am writing therefore to urge you to rescue the people detained in those two places from their almost inevitable infection with the SARS-2 virus if they stay there, and the likely deaths of some of them.   I urge you  to act swiftly and place them in community detention, or release them to safe places in the community. 

It is true that cases have been trending down: in Queensland in particular there have been no new cases of the virus in the last few days.  However, as Professor Paul Kelly, the Deputy Chief Medical Officer, said on the ABC’s Coronacast podcast on Wednesday 22 April, there is a risk of a second wave of the virus, which would be worse than the first.   Moreover, there may be asymptomatic cases, with people who are not aware that they have the disease able to spread it to others, who may die of it. 

There are 9,900 members of I Have a Room who have declared their willingness to take an asylum seeker or refugee each from detention into their own homes. 

I urge you to take up their offers, and act before it is too late

Yours sincerely,

 

(SIGN HERE)


Download the letter as a PDF to print, sign and scan/photograph and send via email.

 

 

 

 

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