Why Ali fled Afghanistan

The government claims that the RSA process “builds in common law requirements of procedural fairness throughout the process”. Its intent is to do whatever it can to create conditions in Indonesia such that the Australian public will be convinced that any asylum seeker landing in Indonesia will be assured humane accommodation and transparent processing of their claim in compliance with UNHCR standards. That is why the Australian government has been channelling significant funds to IOM (International Organisation for Migration).

But for Indonesia to be rightly characterised as an adequate country for asylum, proven refugees need also to be extended the usual rights of refugees, including work, health, education and social welfare. This is especially true given that Indonesia refuses to provide local integration as a durable solution and the waiting list for resettlement is so long that it takes years for a refugee like Ali to find a new home.

Deliberately, the Australian government will not consider prompt, wholesale resettlement of proven refugees from Indonesia for fear of setting up a magnet effect. On average, Australia takes only about 50 transit refugees a year from Indonesia. There are 2,509 refugees registered with UNHCR in Indonesia according to latest information from the Indonesian Department of Foreign Affairs. More than half of these are from Afghanistan.

Even if IOM were to provide appropriate accommodation for asylum seekers in Indonesia and even if the UNHCR processes were sufficiently expeditious and transparent for the determination of claims, proven refugees would still languish for years without the provision of basic refugee rights, and failed asylum seekers would still be armed with the knowledge that applicants reaching Christmas Island have a higher success rate.

Though Abbott might claim that these failed asylum seekers and proven refugees resident in Indonesia are not Australia's responsibility, it is in Australia's interests that their concerns be addressed. Otherwise they will end up in Australia, and Australia's responsibility. Many Australians want to extend their concern to these persons before they risk the treacherous sea voyage, in which case we would only avoid responsibility if they perished at sea.

You cannot tell Ali to go home and join the queue: there ain't one. If he makes it here by boat, we should give him full protection without penalty. Part of the price of protecting our borders is honouring our obligations under the Refugee Convention to boys like Ali.