Why we need a new policy on refugees

For many years I have been concerned about difficulties experienced by some refugees and asylum seekers, which result from policies implemented at a time of widespread anxiety that we might be engulfed by a flood of bogus asylum seekers. That fear has not been realised. It's time to review the policy framework established under different circumstances and adopt a more compassionate, transparent and accountable approach while maintaining the integrity of our immigration and refugee system.

Unauthorised boat arrivals have all but ceased and the great majority of asylum seekers who came by boat were found to be genuine refugees. Regime change in Afghanistan and Iraq has seen the halt of major flows of people from two main source countries of unauthorised arrivals to Australia.

Within the region, the activities of people smugglers have been curtailed.

In recent years, the Government has acknowledged the need for flexibility in asylum and refugee policies. Nonetheless, while the perceived crisis has long since passed, asylum seekers continue to be detained for lengthy and even indefinite periods. They include women and children.

Asylum seekers continue to be detained for periods longer than prison sentences imposed on violent criminals, and may be detained indefinitely. More than 300 people have been in immigration detention for more than a year, and about 80 of them have been held for more than four years. Many of those who have been detained for such long periods have subsequently been found to be bona fide refugees.

There is no independent scrutiny of whether it is necessary to keep people detained for lengthy or indefinite periods to protect the community or to prevent them absconding.

The harmful effects of long-term detention on detainees' mental and physical health have been documented by health experts, and the Federal Court recently found that the Government failed in its duty of care to provide adequate services to psychiatrically ill long-term detainees at the Baxter detention centre.

People on temporary protection visas have been welcomed and integrated by Australian communities, and are making significant contributions. Many holders of temporary protection visas continue to live in anxiety and fear of being returned to places of great insecurity.

It is clear that additional measures are necessary to ensure that the system is compassionate, fair, accountable and subject to independent scrutiny. I am proposing two private member's bills to achieve these aims, while maintaining the integrity of Australia's immigration and refugee system.

The first bill contains compassionate measures to alleviate the plight of individuals who are suffering under the current system. The main elements are:

Asylum seekers who have been detained for more than a year will be released until their status is resolved, unless a judge who has examined their case decides that they should continue to be detained because they are dangerous or are likely to abscond.

Children under 18 and their immediate families will be released from detention immediately pending determination of their applications unless a judicial officer finds that they pose a danger to the public or are likely to abscond.

People who have been found to be bona fide refugees but have been granted only temporary protection visas will be permitted to remain in Australia permanently.

The second bill proposes a model of reform so that the problems that have arisen under the current system do not recur. Its features include:

Asylum seekers who don't have a visa will be able to be detained only if it is necessary to detain them on specified grounds, for example, to verify identity and to protect public safety. Detention decisions will be subject to Federal Court judicial scrutiny. Departmental officers will be able to detain people initially for up to 90 days and then must show cause to the Federal Court as to why further detention is required. The Federal Court may order continued detention for recurring periods of 90 days.

Everyone who is found to be a refugee will be granted permanent residency.

In recent months, many Australians have told me that they supported the framework of stringent measures in the context in which they were introduced. But they now believe that reform is necessary and can be achieved without compromising the security of our borders and our community. I agree.

They are disturbed that children, women and men are imprisoned for lengthy periods simply because they came without prior authority, without any independent assessment of whether they pose a risk to our community. They believe that fundamental Australian values of fairness and decency demand a new approach. I share those feelings.

The measures I am proposing constitute a carefully designed package and in no way undermine our capacity to protect our borders and prevent abuse. One of the enduring strengths of this nation is our commitment to justice, tolerance and compassion for others. Our treatment of refugees and asylum seekers who have arrived uninvited must surely reflect those deeply held values.