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A special feature of this newsletter is an appraisal of the situation of the Aboriginal people of the Northern Territory as the first anniversary of the NT Intervention, with its successes and its failures, approaches. Regular reports of changes to Immigration Law, Pending Legislation, Human Rights and overseas news are featured as usual.
A report by respected economic analyst Access Economics shows that new migrants to Australia deliver hundreds of millions of dollars to the Commonwealth budget and the broader economy every year.
In its Migrant Fiscal Impact Model: 2008 Update, Access looked at the costs that migrants impose on health, education, welfare, employment and settlement services compared to the fiscal benefits from taxation and visa charges.
For the 2006-07 migration program, Access estimated a total benefit of $536 million in the first year, then another $856 million in year two, growing steadily over time to reach $1.34 billion by year 20.
‘Applying the same modelling to the 2007-08 migration program, the net fiscal benefit is $610 million in year one, $965 million in year two then growing to $1.5 billion by year 20,’ Senator Evans said. This dispelled the myth that new migrants imposed a huge impost on the taxpayer.
‘The positive fiscal impact is particularly pronounced for skilled migrants, which reflects their high rate of labour market participation and higher incomes which in turn leads to a high level of direct tax receipts,’ Senator Evans said.
‘Migrants also contribute to the broader economy through spending on goods and services.
As well as the economic benefits, skilled migrants help Australian employers fill critical labour gaps at a time many businesses are facing capacity constraints.'
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Immigration officials today welcomed an announcement by Judge Norrish in the Sydney District Court that he intended to jail a corrupt Sydney businessman for five years and five months for his part in a criminal conspiracy which resulted in the granting of citizenship to 110 foreign nationals.
'The charges against Mr Ling relate to his involvement in a criminal enterprise with a former departmental employee in defrauding the Commonwealth through the improper granting of Australian citizenship to 110 people who did not meet Australian citizenship requirements.
'Where the applicant is convicted of fraud in relation to the citizenship application or acquired citizenship as a result of migration-related fraud, or where a citizen is convicted of a serious criminal offence, involving a sentence of 12 months or more, committed prior to the approval of their citizenship application, revocation can proceed only if the person has another citizenship and would not be rendered stateless.'
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Interpreting services provided through the Department of Immigration and Citizenship (DIAC) increased by 11 per cent in 2007-08, Parliamentary Secretary for Multicultural Affairs and Settlement Services, Laurie Ferguson, said.
The Translating and Interpreting Service (TIS National) provided a record 627 865 telephone interpreting services for the year at an average of more than 1700 a day.
‘Record demand for interpreting services indicates multicultural Australia is thriving.'
‘Interpreting services are invaluable to non-English speaking members of the community.'
In many situations, TIS National’s interpreters offer a lifeline to non-English speakers.’
The highest demand languages in 2007-08 were Mandarin, Arabic, Vietnamese, Cantonese, Korean, Persian, Spanish, Turkish, Serbian and Greek, Mr Ferguson said.
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The first boatload of people to be intercepted off Australia's coast by the Rudd Government arrived at Christmas Island.
The navy detected a boat with 11 male passengers, one female passenger and two crewmen off Ashmore Reef. The group was transferred to Australia's detention facility in the Indian Ocean by Customs.
The Immigration Minister, Chris Evans, used the swift action dealing with the group to demonstrate the Government's strong stance on border protection.
"They are unauthorised arrivals and are subject to mandatory detention," he said. "The interception of this group of unauthorised arrivals clearly demonstrated the Rudd Government's border security arrangements are working."
The Government has not identified the group's country of origin but confirmed translators had been flown to the island to help with identification.
The removal of the boatpeople to Christmas Island, outside Australian domestic territory, depriving them of recourse to Australian law, has drawn a cool response from the Refugee Council of Australia.
The council's president, John Gibson, said that although the asylum seekers were being kept away from the mainland, the Labor Government had established "a more benign process" giving the boat people access to independent review and welfare support.
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According to 'The Age' newspaper on 23 September, the deportation of a suspected Melbourne mafia member was overturned by former immigration minister Amanda Vanstone 14 months after a large donation was made to the Liberal Party by the man's brother — an alleged Italian crime figure from the region of Calabria.
The visa was granted to Francesco Madafferi — who was arrested last month for an alleged major drug trafficking conspiracy — around a year after his supporters donated money to the Liberal Party and four Liberal MPs made representations or contacted Ms Vanstone about his case.
"The debate about the propriety of Ms Vanstone's decision to grant the visa follows an earlier debate about the cancellation of Dr Mohamed Haneef's visa by former Immigration Minister Kevin Andrews, and raises larger questions about the character provisions in the Australian immigration regime", according to a Jesuit Refugee Service Australia statement.
Mohamed Haneef, a 29-year old Indian physician, was accused of aiding terrorists. After leaving Australia in July last year, a subsequent Federal Court judgment overturned the withdrawal of his visa.
"The issue raised by the cases of Mr Madaferri and Dr Haneef is the onerous and unaccountable power vested in the minister to make decisions to cancel visas and to decide appeals. These powers constitute bad governance. "The powers vested in the minister have also inevitably led to the accusation that particular decisions have been venally or vindictively motivated. Such appeals require a statutory and independent board that can review decisions taken by departmental officers. Where an appeal is based on the grounds of feared violations of human rights on return, the decision should be made legally and transparently, and not by ministerial discretion".
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Improved compliance by international students studying in Australia has prompted an easing of student visa assessment levels for 43 countries in one or more education sectors.
Where applicants present a lower immigration risk, the department streamlines visa requirements for these applicants by reducing their assessment level.
Where applicants present a higher immigration risk, the department requires additional evidence to be provided for applicants to demonstrate they are genuine students.
While these changes will assist the department to combat the increasing immigration risk of these cohorts, genuine applicants have nothing to fear from these changes.
Read more from DIAC website
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Record your family’s place in Australia’s History
The building of the Immigration Bridge across Lake Burley Griffin in the Nation's Capital is a NATIONAL COMMUNITY PROJECT. For future generations, the surfaces of this iconic Australian Bridge will be engraved with the names, dates and stories of migrants who have come here over the last 200 or so years - our ancestors – our selves.
Timetable: The complex design will be finalised in 2009, the History Handrail Subscription should be filled during 2008, and construction is anticipated to take place to take place 2010-2011, ready for an opening in 2012 - in time for the Centenary of Canberra in 2013.
"The Immigration Bridge is an inspired concept, designed to represent and honour Australia's history of immigration since white settlement. Our culture is rich with the stories of people from all over the globe who have chosen to live in Australia. This will be an important monument to those stories. It will create a place where people can gather to experience and reflect upon the makings of our diverse nation."
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Registered Migration Agents interpret complex legislation, prepare detailed submissions on behalf of their client and represent them in a wide variety of situations. High level English language skills are a necessary pre-requisite for this.
Initial applicants for registration have been required to have a minimum level of English for some years. However, while the level required is higher now than in the past, it still does not involve everyone having to meet a formally recognised minimum standard. This has led to critismn of the profession at times and few Registered Migration Agents are able to point having passed a formal English test.
Overseas moves to introduce formal standards in Canada (IELTS 7.0) and New Zealand (introducing a similar requirement) have focused attention on the Australian registration system, which has been a world leader.
It has therefore been decided to formalise the English standard placed on Australia's Registered Migration Agents as soon as is practicable. A minimum standard that is equivalent to a minimum overall IELTS Academic band score of 7.0 (with a minimum score of 6.5 in each module - reading, listening, speaking and writing) has been suggested. This is consistent with the standard set in many other professions in Australia and with that being set in the migration advice profession overseas. A final decision has still to be taken.
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The Department of Immigration and Citizenship (DIAC) has announced its strategic direction for the next three years with the launch today of the DIAC Strategic Plan 2008-11. The move to a three-year strategic plan is an exciting time for DIAC to focus on its long-term vision. ‘The strategic themes have been enhanced to reflect increased attention to humanity in our dealings with clients, evidence-based policy and decision-making and high performance in our service delivery.'
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International collaboration in biometrics and data-sharing has led to the location overseas of an Australian man wanted on an outstanding rape charge in Victoria, the Minister for Immigration and Citizenship, Senator Chris Evans, said.
The case came to attention through a fingerprint data sharing trial conducted between the United Kingdom and the United States, as part of the work of the Four Country Conference (4CC).
The 26-year-old Australian citizen was living in the UK after fleeing Australia in 2006. Senator Evans said the location of the man demonstrated the value of international collaboration – both in resources savings and good immigration and law enforcement outcomes.
‘The man was discovered to be claiming asylum in the UK under a false identity and nationality,’ Senator Evans said. ‘This came to light only because his fingerprints collected in the UK during the application process matched fingerprints previously collected by the US during transit through that country using an Australian passport.
‘My department then became involved in the case during follow-up on the issue of the Australian passport. It was discovered the man was in fact an Australian citizen whose passport had been cancelled due to an outstanding rape charge in Victoria.’
The man was detained by UK authorities and returned to Australia, to face court proceedings, which began in the Melbourne Magistrates’ Court, for the alleged rape in 2005. The man was remanded in custody to appear at a later date.
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The subclass 416 visa will allow Pacific Island workers to stay for up to seven months in any 12-month period and enable them to return each year. Under the conditions of the visa, Pacific seasonal workers will not be granted a visa if they have serious convictions.
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The Workplace Ombudsman’s investigation into McDermott Industries (Australia) highlights the vulnerability of overseas workers and the need to ensure that they are not used to undermine local wages and conditions. This will ensure that overseas workers employed within the Australian Migration Zone are properly paid and Australian wages and conditions are not undermined.
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To apply for this visa you must have worked for one (1) year in a Specified Regional Area.
There is no restriction on the type of work that you may undertake. You could work for an employer or yourself. The only restriction is that the employment must be both of the following:
- full time
- undertaken in a Specified Regional Area in Australia.
The Australian Bureau of Statistics defines a ‘full time position’ as one in which employment is normally for 35 hours a week. You are allowed to work in up to two (2) concurrent part time jobs to meet the one (1) year (35 hours a week) full time work requirement.
An Australian recruitment firm will fund a new scholarship program at Swan TAFE as part of an on-hire labour agreement for the recruitment of overseas skilled workers. Senator Chris Evans said Interstaff Recruitment will provide annual funding for a range of scholarships for Australian apprentices and trainees and include dedicated scholarships for Indigenous and financially disadvantaged apprentices.
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It is a criminal offence under the Migration Act 1958 for a person to knowingly or recklessly allow an illegal worker to work or refer an illegal worker for work with another business.
This information is to help Australian employers understand their obligations when dealing with people in Australia who are in the country temporarily and who may not be entitled to work in Australia.
Further information about these offences including copies of the Migration Amendment (Employer Sanctions) Bill 2006 and its explanatory memorandum can be accessed from the Parliament of Australia’s website.
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The Subclass 457 Integrity Review will report periodically to the Minister and the Deputy Prime Minister.
This is the third in a series of three issues papers to be released as part of the Subclass 457 Integrity Review. As each of the issues papers are produced submissions will be sought from interested parties on the issues raised in each of the papers.
The three issues papers on the Subclass 457 visa arrangements will cover:
Issues Paper No. 1
Minimum Salary level (MSL) and Labour Agreements (LA)
Issues Paper No. 2
English Language Requirement and Occupational Health and Safety (OH&S) issues
Issues Paper No. 3
Integrity and Exploitation issues
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The department is making changes to its systems that will expand the number of Confirmation of Enrolments (CoEs) that are able to be attached to a student visa application.
Currently, departmental systems are limited to attaching three CoEs to a student’s visa application. For applications lodged on or after 26 October 2008, the systems will be able to process up to nine CoEs per visa application.
This change provides more clients with the opportunity to lodge applications electronically through eVisa. Clients and other users of the department’s eVisa system, will notice a slight change in the way eCoEs are entered on eVisa to reflect this expanded functionality.
See: http://www.immi.gov.au/students/expansion-coe.htm
Citizenship test to focus on responsibilities and privileges.
The Rudd Government will overhaul the Australian Citizenship Test after a review by a committee of seven eminent Australians found the current test can be improved. Participants will still be assessed on the responsibilities and privileges of Australian citizenship as well as the legislative requirement of possessing a basic knowledge of the English language.
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Senator Chris Evans welcomed Canadian Prime Minister Stephen Harper’s announcement at the APEC Leaders Week in Lima, Peru that Canada has joined the APEC Business Travel Card scheme as a transitional member economy. Canada’s decision to join the APEC Business Travel Card scheme will further assist Australian business people travelling to Canada and also open the way for higher levels of cross-border trade and investment in the APEC region with Canada.
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Of the 72 long-term immigration detention cases reviewd earlier this year. Senator Evans said the 12 removals included some of the most difficult cases of recent years, including three people who had been in immigration detention for more than six years.
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Australia and Thailand have agreed to more than double their reciprocal work and holiday visa arrangement for young people. The work and holiday visa differs from a working holiday visa as it requires applicants to have the support of their government, hold tertiary qualifications or be studying towards a tertiary qualification, and to speak functional English or Thai respectively.
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The new European Union eVisitor online service, which went live on October 27, will mean anyone from the 27 EU member states will be able to apply for an eVisitor over the internet, free of charge. Tourism Minister Martin Ferguson said the eVisitor online service would provide a boost to Australia’s $38.9 billion tourism industry.
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The Child Support Agency and the Department of Immigration and Citizenship have boosted efforts to crack down on overseas travel of separated parents who are avoiding their child support responsibilities. ‘The CSA, with the support of DIAC, has the power to issue international travel bans if a parent persistently fails to meet child support obligations,’ Senator Ludwig said.
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The Minister for Immigration and Citizenship, Senator Chris Evans, says the Rudd Government will not tolerate employers continuing to access foreign workers on temporary skilled migration (subclass 457) visas while denying local workers job opportunities. ‘We want to send a clear message to employers that the temporary skilled migration scheme is not to be used to employ foreign workers over local people,’ Senator Evans said. Any employers found to be in breach of the conditions of the meat industry labour agreement may be denied further access to subclass 457 visas.
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In a joint AFP, Customs, DIAC, Australian Crime Commission and WA Police a woman was charged with possessing a document knowing that it was a false foreign travel document and with providing a false foreign passport with the intention that the passport would be accepted as if it were a passport issued by or on behalf of the government of a foreign country, contrary to section 22(1) and 22(2) of the Foreign Passports Act 2005.
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The Department of Immigration and Citizenship will implement new mental health screening processes for people in immigration detention. The new screening process has been designed to improve the identification of mental health issues affecting immigration detainees and reduce the risk of self harm.
The new mental health screening process was developed by the Detention Health Advisory Group (DeHAG), an independent panel of health experts which includes specialists in psychiatry and suicide prevention.
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On October 9, an immigration officer escorted a 35-year-old Indonesian man from the Christmas Island immigration detention facility at Phosphate Hill for hand-over to the Australian Federal Police. He was charged with smuggling a group of Afghans and Iranians. Senator Chris Evans, said the arrest and charging by the Australian Federal Police of an Indonesian man on a charge of people smuggling would send a strong message to would-be organisers in the region that such activity would not be tolerated by the Australian Government.
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Over the last two years, MIA members, our Board and staff have helped build an increasingly effective professional association.
Since starting as Chief Executive Officer in August 2006, I've worked to lift the MIA into a truly professional association with a wide range of benefits and services for members. This includes the Agent Card which is gilt-edged for MIA members.
We've streamlined processes in both the MIA and the MARA.
We've increased the number and quality of MIA Continuing Professional Development activities. Members comment positively on improvements to our CPD materials. We've had a major rise in CPD enrolments.
We've improved the quality and number of submissions to government on behalf of the profession.
We've improved member services and communications. The MIA now employs three Registered Migration Agents to assist members with professional advice; there were none when I started.
We've increased electronic communication with members to keep everyone up to date with the latest immigration industry news. These services will be backed up by our new web site, which launches soon.
Senator Nick Xenophon has recently spoken out against sections of the Migration Act that imposes time limits to apply for judicial review of refugee-related visa decisions, but not other visa decisions. His words indicate he takes both a sensible and compassionate view of this issue:
What I am calling for is a fair go, for there to be an onus on the government to explain why migration judicial review decisions have different conditions from those of any other department.
Read the full text of Senator Xenophon's comments
The Minister for Immigration and Citizenship, Senator Chris Evans, released a new report that shows Australia experienced its biggest annual exodus on records with 76,923 people leaving the country permanently in 2007 - 08. 'The 76,923 people that departed Australia permanently in 2007-08 represents a 6.7 percent increase on the previous year and a 325 percent increase on the low of 18,100 people who left permanently in 1985-86.
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Legislation Change
Repeal of hand down procedure and new decision
notification arrangements
This is very important and will have several implications including as follows:
- Decisions will be given faster
- There will not be more time to send in extra material post hearing unless specifically requested. This may give rise to more obligations on members to advise possible problems to enable applicants to reply. It is essential we now ask for more time to make submissions at the end of each hearing and stick to the time given
- The issue of whether time to appeal doesn’t run if the decision is not personally collected by the applicant arising from the Full Court decision is now probably resolved
Amendments to the Merits Review and Authorised Recipient Provisions and Section 193 of the Migration Review Act 1958
Amendments to Create the New eVisitor
Amendments to Create the New Superyacht Crew Visa
Amendments to Adjust Certain Fees and Charges in Schedule 1 to the Migration Regulations 1994
Evidence of Language Ability for Subclass 485 Visas
Changes to Maritime Crew (Subclass 988) Visa to Enhance the Integrity of the Visa
Amendments to Clarify Requirements for Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visas
Most of the important changes have been announced previously, including the requirement that subclass 485 applicants must have the required proficiency in English at the time of application. In other words, 485 applicants must have the English test before they apply.
For other changes click here
A new Legislative Instrument [IMMI 08/092] specifies the classes of persons, in the case of an application made by an applicant applying in Australia for a Student (Temporary) (Class TU) visa, who can use form 157A or 157A (Internet).
Certain holders of Subclass 488 (Superyacht Crew Visa – Temporary) (Class UW) visa and holders of Subclass 651 (eVisitor – Temporary) (Class TV) visas have been included in the eligible class.
This Legislative Instrument specifies the following classes of persons for the purposes of subparagraph 1222(1)(aa)(i) of the Regulations:
Persons who seek a student visa and who:
(a) are not in immigration clearance; and
(b) are at least 6 years of age; and
(c) either:
(i) hold a subclass 570, 571, 572, 573, 574, 575 or 576 visa; or
(ii) are the holder of a passport issued by a foreign country set out in Schedule 1 to this instrument, and who:
(A) seek to satisfy the primary criteria of the subclass of student visa that corresponds to that passport as set out in Schedule 1 of this instrument; and
(B) are the holder of a relevant visa identified in Schedule 2 of this instrument.
The Minister for Immigration and Citizenship, Senator Chris Evans, has introduced a Bill into the Senate that sets out a new framework to better protect temporary overseas workers in Australia.
The amendments proposed in the Bill outline four main measures to protect overseas workers from exploitation. These measures provide for:
- expanded powers to monitor and investigate possible non-compliance by sponsors
- the introduction of penalties for employers found in breach of their obligations
- improved information sharing across all levels of government
- defined sponsorship obligations for employers and other sponsors.
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7 October 2008
Amendments to subsections 21(2), 21(3) and 21(4) of the Australian Citizenship Act 2007
The Migration Legislation Amendment Act (No.1) 2008 (the Amending Act) amends the Australian Citizenship Act 2007. The Amending Act received Royal Assent on 15 September 2008. Items 3, 4, 5 and 14 of Schedule 5 will commence by proclamation on 7 October 2008.
The Australian Citizenship Act 2007 is amended by the Amending Act to provide that to be eligible for citizenship under subsections 21(2), 21(3) and 21(4), a person must be a permanent resident at the time of the application and at the time of the Minister’s decision on their application. These subsections have also been amended by the Amending Act to eliminate uncertainty regarding the time at which certain criteria must be satisfied.
The amendment was introduced as a consequence of the decision of the AAT.
The following provisions of the Australian Citizenship Act 2007 are amended:
- Paragraphs 21(2)(b) and (c)
- Paragraphs 21(3)(b) to (d)
- Paragraphs 21(4)(b) to (d)
The Migration Amendment (Notification Review) Bill 2008 introduced into Parliament aiming to ‘clarify’ the way the Immigration Department, the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) communicate decisions on visa applications and cancellations has been enacted with effect. The government says the Act is needed to reduce applicants using technical errors in the notification process "to delay the resolution of their cases". (The Age, 4 September)
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The Senate legal and Constitutional Affairs Committee is currently conducting its latest, and largest, inquiry into same-sex couple entitlements. The inquiry is examining the Federal Government's Same-Sex Relationships (Equal Treatment in Commonwealth Laws-General Law Reform) Bill 2008. This Bill removes discrimination against same-sex partners in a wide range of federal laws.
There are two migration bills coming up for vote in the Senate, Migration Amendment (Notification Review) Bill 2008 to restrict the ways a notification of negative visa decision can be deemed in error and Migration Legislation Amendment (Worker Protection) Bill 2008 to impose some protections for 457 visa holders and punishments against employers who breach conditions.
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SZLPN v Minister for Immigration & Anor [2008] FMCA 1434 (28 October 2008)
A body of judicial authority establishes that there is a duty on the Tribunal to provide a “competent interpreter”, who in fact provides “a reasonably accurate interpretation” of what the applicant wishes to convey to the Tribunal and of what the Tribunal wishes to convey to the applicant, when he or she attends a hearing. In the present case, a jurisdictional defect in the Tribunal’s procedures did occur arising out of the difficulty of finding a satisfactory interpreter for the applicant.
The Tribunal concluded that the notice of the rescheduled hearing was unreasonable.
The applicant faced very significant language and cultural barriers to satisfactorily participating in a Tribunal hearing he attended on 31 July 2007. The Tribunal adjourned the hearing to the following day. When he did not attend on 1 August 2007, a fair procedure required that he be given a further opportunity to attend a hearing on a date when he could be given a reasonable period of notice, sufficient to allow him to make arrangements to be accompanied by an appropriate assistant who could communicate with the Tribunal. The Tribunal’s failure to afford that further opportunity provides jurisdictional error which requires its decision to be set aside.
Read the full decision
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Refugee Issues in the Media
Australia’s youngest parliamentarian, 26 year old Greens Senator Sarah Hanson-Young, has said that the former Government’s treatment of asylum seekers and policies of mandatory detention, particularly of children, drove her to begin a life in politics. (Australian Financial Review, 9 September)
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Three candidates from the Australia First Party have sent out almost 1000 letters to Sutherland Shire residents claiming that the Shire is “slated for a new Third World refugee settlement” and that Sutherland Shire should be a place for white Australians. The Mayor of Sutherland Shire, Cr David Redmond, has said that residents had moved on from the Cronulla riots and would not be attracted to xenophobic statements. (Sydney Morning Herald, 3 September) [In the September 13 election, Australia First polled less than 2% of the vote in the one Sutherland Shire ward it contested.]
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An Indonesian national charged with people smuggling offences in late 1999 has told the Northern Territory Supreme Court that he attempted to smuggle some 350 mostly Iraqi professionals to Australia because he felt sorry for their suffering under Saddam Hussein. The man has been given a five-year jail sentence.
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An application for protection by a former bodyguard of the Lebanese President has been rejected by Australian authorities. Mr Naji Mazloum whose wife and children live in Lebanon, says he fears he will be killed if he is returned. (The Age, 31 August)
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Immigration Minister Senator Chris Evans has defended Australia’s refugee and family reunion programs, following a study by Access Economics that shows that refugees and family reunion entrants impose a cost on the Australian community. Senator Evans said that refugees make a significant contribution in the long-term and that Australia was not just an economy, it was a society. (The Age, 22 August)
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Sydney’s Asylum Seeker Centre has said that 20 people have sought asylum following World Youth Day. The Centre is assisting the asylum seekers with accommodation and other support services while their claims are assessed. It is expected that more applications for protection will be lodged with DIAC before the three-month visas issued to pilgrims come to an end. (ABC News Online, 12 August)
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In leading a delegation to Indonesia, Malaysia, Thailand and Singapore, Immigration Minister Senator Chris Evans has said that regional cooperation is the key to preventing unauthorised arrivals and enhancing the capacity of other countries in the region to detect illegal movements. Coordinator of the Refugee and Immigration Legal Centre in Melbourne, David Manne, has said that while the government’s recent reforms are a step in the right direction, there were still concerns about the continued use of the Christmas Island detention centre and the excision of islands from Australia’s migration zone. (The West Australian, 9 August)
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To debunk the myths that are perpetuated about asylum seekers, many organisations have produced factsheets of 'Asylum Seeker Myths and Facts'. Some basic points:
- It is a fundamental human right (as set out in Article 14 of the Universal Declaration of Human Rights) that a person can seek protection from persecution
- To use the term "illegals" in relation to this group gives the wrong impression. They have not committed a criminal offence. They have simply arrived without the documentation (passport and visa) deemed necessary to enter Australia lawfully. In many instances boat arrivals will seek to "legalise" their entry by making an application for a protection visa.
- Equally they should not be described as "queue jumpers" since under international law and in practical reality there is no "queue" for victims of persecuution to join.
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Indigenous Affairs
"In the ashes of our past, in the rich soil of the present moment let us sow the seed of hope for the future"
INDIGENOUS people living in town camps and remote communities of the Northern Territory will have half of their welfare payments compulsorily managed by the Federal Government for the foreseeable future.
The Minister for Indigenous Affairs, Jenny Macklin, said that the "demonstrated benefits for women and children" of welfare management meant the existing system would stay despite recommendations from a government review board, which said welfare measures should be voluntary.
Legislation will be redrawn in a year so the Racial Discrimination Act is no longer suspended in the 73 prescribed communities.
"The Government takes the view that the Northern Territory emergency response will not achieve long-term outcomes if measures do not conform with the Racial Discrimination Act," a government statement said.
The Federal Government has also asked the Northern Territory Valuer-General to put a value on all land affected by the intervention. Ms Macklin promised communities would then be paid "just compensation" for the five-year leases the Federal Government acquired over land in order to make the intervention possible.
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In the earliest photographs, indigenous Australians appear as unwilling subjects playing the noble savage for the anthropologists and eugenicists behind the lens.
In the most recent, they are as likely to be Olympic champions, judges and politicians - and the photographer a world-renowned purveyor of the craft.
From Truganini the "last Tasmanian", to "King" Murray Jack, Burnam Burnam, Bob Bellear, Cathy Freeman and Tracey Moffatt, only one man can say he has eyeballed them all.
Consumed by what he calls his "beautiful obsession", John Ogden has trawled public libraries, galleries and museums and private collections in every state and territory in the past four years, poring over more than 300,000 images taken from 1847 to today.
About 300 of them will form the basis for what he calls the first book of its kind: a pictorial history of indigenous Australia, and a history of indigenous Australians' relationship with the camera.
But perhaps Ogden's greatest achievement, and the reason his obsession took a year of unpaid labour, is that he did it the Aboriginal way, seeking permission from the subject in every image.
Planned for release in February, the book is timed to coincide with the first anniversary of Kevin Rudd's Prime Ministerial apology to the stolen generations. Five hundred copies will be sent to remote communities, "where some people can't read or write and they can look at it and say, 'Wow, that's my culture'," Ogden says.
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Every effort should be made to improve poor literacy standards and overcome the educational disadvantage faced by Indigenous Australians, Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma said on Indigenous Literacy Day. Efforts such as Indigenous Literacy Day should be applauded, he said.
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The NSW Aboriginal Land Council has staked a land rights claim for North Head, one of Sydney's dearest pieces of real estate.
"To our knowledge the area is not being used currently and that makes it available for claim," the council's chief executive, Geoff Scott, said.
A spokesman for the council said it is claiming all the land from Manly Hospital to the headland.
Most of the land is part of the Sydney Harbour National Park, although the Department of Environment and Climate Change has leased the old quarantine station to a private company to run as a resort for 21 years.
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When Andrew Forrest tells the tale of how wage equalisation tore apart the extended black family of "very proud, wonderful people" on the Pilbara station where he grew up, the scars rise to the surface.
Many ended up drunk in town. In later years, the station failed.
All the Aboriginal people had to go, which was heartbreaking. They all move into town, Canberra edicts that they now have not got the salary so they must have full benefits and equal drinking rights. Bang! "The stolen generation has got nothing on this."
A Jaru woman and Halls Creek school teacher, Doreen Green, whose father and grandfather were stockmen, compares it to giving $100 to a child who never had pocket money before.
Forrest announced the Australian Employment Covenant, a bold promise to find 50,000 jobs for indigenous workers in the private sector. The growing covenant team was given 100 days to bed down how they are going to do what no government, company or organisation has succeeded in doing before.
At the current rate, the jobs will be found within two years, says former Labor Party national president Warren Mundine, who is on the covenant's executive committee.
This campaign for indigenous jobs is also a campaign against welfare. The Cape York leader Noel Pearson followed his support for the covenant with a controversial call for indigenous under-21s to be denied the dole. The covenant is due to be completed by November 11 - Armistice Day. Then the war on welfare begins in earnest.
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It is a tale of two troubled outback towns that could have ramifications for hundreds of communities battling with alcohol around the country.
Fitzroy Crossing, in Western Australia, has not sold a full-strength takeaway drink for 12 months.
A University of Notre Dame study recorded a 50 per cent drop in people going to the town's Emergency Department, a 27 per cent reduction in alcohol-related domestic violence and a 14 per cent rise in high school attendance after six months. In light of this research, the West Australian Government has extended the light beer-only rule.
250 kilometres away in Halls Creek, Dr Henwood revealed the continuing devastation being wrought on Aborigines by a cocktail of unemployment, depression and alcohol.
The morning the Herald visited, she sent a man away with an unstitched slash around his arm, almost down to the bone, because he refused to miss his weekly drinking session.
"Health is not important; all that matters is grog," she says. "It's just like Fitzroy Crossing was before."
She says without limitations on alcohol, child sexual abuse will never be stopped. Urine tests on children in Fitzroy Crossing have stopped turning up chlamydia and gonorrhea.
"It's not that we've stopped measuring; it's just that it's not there."
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The High Court is hearing a challenge to the federal intervention's compulsory five year takeover of Aboriginal townships in the Northern Territory, the ABC reported.
The legal action has been launched by Reggie Warrajul and other community leaders around Maningrida, which is one of the more than 70 communities under Federal Government control. If the case is successful, it would set a precedent which could have wide implications for the Northern Territory intervention.
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Two reports into the successes and failures of the Northern Territory intervention in Aboriginal communities have called for welfare quarantining to be curtailed.
Both reports have found women and children are safer as a result of the intervention, instigated by the Howard government last year and continued in most aspects by the Rudd Government.
The reports recommend quarantining welfare on a case-by-case basis to reward responsible parents and assist others, even though critics say this approach exposes those who do the right thing to "humbugging" from those who do not.
In one of the studies, an analysis of 38 residents from 11 out of 18 town camps in Alice Springs found they were safer since the intervention and that "people are spending more money on food and clothes, and having more food more often".
The study, conducted by Caritas and Tangentyere Council, which runs the camps, also found welfare quarantining was humiliating for Aborigines and prevented easy payment of loans, car registration, fines and children's sport costs.
Another study of 118 people believed the intervention had benefited them. The report also described a rise in youth suicides and attempted suicides in the past 12 months.
Irene Fisher, the chief executive of Sunrise Health in Katherine, blamed anxiety among teenagers about being caught for consenting underage sex and said pregnant girls were not coming to the clinic until their third trimester for fear of getting their boyfriends in trouble.
A 12-month review promised by Labor before last year's federal election is due but is now likely to require until the middle of next month, a spokeswoman for the Indigenous Affairs Minister, Jenny Macklin, said.
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GALARRWUY YUNUPINGU, the Northern Territory's most powerful indigenous leader, said yesterday the intervention was "at a crossroads".
Mr Yunupingu said the greatest challenge facing his Yolngu people in north-east Arnhem Land was how they can take responsibility for the reforms that are needed.
His comments come as the health adviser to the intervention, Bill Glasson, warned the intervention was in danger of "losing momentum".
Mr Yunupingu said: "Responsibility for action programs needs to be built within our community by community leaders."
The Northern Land Council chairman, Wali Wunungmurra, said the review panel exposed the intervention as "amateurish, ill-considered and badly planned". The council supported several of the panel's recommendations, including reinstatement of the permit system, he said.
The Northern Territory intervention had achieved much in its first year but now needed "a second wind", the head of health operations, Dr Glasson, said.
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Human Rights
Australia has formally moved to become a party to the Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which was opposed by the former Government.
Australia has been a party to CEDAW since 1983.
The announcement comes on the eve of the International Day for the Elimination of Violence Against Women.
Attorney-General Robert McClelland and Minister for the Status of Women Tanya Plibersek said that by becoming a party to the Optional Protocol, the Government is making a powerful statement that discrimination against women in any form is unacceptable.
“The Rudd Government is committed to overcoming the stereotypes and prejudices that can stifle women’s rights and weaken equality,” Mr McClelland said.
Under the Optional Protocol, women in Australia will be able to make a complaint to the UN Committee on the Elimination of Discrimination Against Women about alleged violation of Australia’s obligations under CEDAW.
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Decline of women at the top a real concern for Australia
The 2008 EOWA Australian Census of Women in Leadership results, released today, report a decline in female board representation from 8.7 per cent in 2006 to 8.3 per cent today. The research has found that, in Australia, only 49 per cent of ASX200 companies have at least one Board director who is a woman, compared to 88.2 per cent of top US companies, 76 per cent in the UK, 62.4 per cent in South Africa and 52.8 per cent in Canada.
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New snapshot on Australian population
Like its previous editions, 2008s Face the Facts is a user-friendly resource written in a plain English style that provides a snapshot of social, demographic and population data relating to Indigenous Australians, migrants, asylum seekers and refugees. Face the Facts can be downloaded from the Australian Human Rights Commission website.
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Reclaim the Night is an important annual event on the human rights calendar that has the full support of the Australian Human Rights Commission. It is shocking that research has revealed that one in five Australian women has experienced sexual violence from the age of 15.
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The Asian Human Rights Commission (AHRC) has received information from Hingora Jamat Karachi that dozens of Pakistanis have been detained with their children for several months in India for allegedly forging their visas. However, it is reported that those visas issued by High Commission of India, Islamabad had been overwritten by agents in acquiescence of Pakistan authorities. The Pakistan authorities have failed, so far, to take any action for their release or address the corruption in the process of visa, which will cause other possible arrests for the same reason.
The number of Pakistani passengers holding such type of visas with cutting and overwriting has increased over the last one or two years due to the activities of the 'agents'. Meanwhile, it is also reported that those who pay a good sized bribe to the Indian authorities are allowed to go with overwritten visa documents.
The AHRC has obtained the list of 61 people out of hundreds who are currently in detention for alleged forgery of visas that have been authorized by Pakistani authorities at the time of receiving them. Out of total list of 61 detainees, 11 are senior citizens aging between 58-72 years and 30 are women and seven are minors.
Besides of the legality of visas of people of Pakistan who have been detained in three jails in India, the detention of seven minors is also a matter of concern. The minors have been kept in prison for over five months with no reason.
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The owners of The Canberra Times say they are "gravely concerned" over an "unacceptable" police raid on the Canberra home of one of its journalists.
Australian Federal Police arrived without warning at the inner-north home of the paper's National Affairs Correspondent Philip Dorling at 8.30, investigating allegations of the leaking of official secrets.
The seven federal agents backed by two computer experts and armed with a search warrant, arrived at Dorling's Braddon doorstep demanding access to documents relating to a story published in the newspaper on June 14 this year.
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The program, which began nationally on October 1, will assist recently arrived refugees and other humanitarian entrants in difficult and unique circumstances where their need cannot be adequately addressed by existing services. A panel of service providers, known as the humanitarian services panel, has been established to deliver specialised and intensive case management services on a needs basis to refugees in crisis.
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"With this year's award the Nobel has gone back to its peace and security roots, and no better choice could possibly have been made", says Crisis Group President Gareth Evans.
"Martti is a brilliant negotiator and mediator, with a tremendously effective personal style that combines charm and good humour with an iron determination . He has had an extraordinary track record of commitment and success -- especially in Namibia, Aceh and Kosovo -- and the recognition of his contribution to conflict prevention and resolution is both overdue and extraordinarily well deserved."
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A research report released by, Laurie Ferguson, provides a generally positive picture of relationships between Muslim and non-Muslim Australians. The report identified a range of positive activities undertaken at the local government level to encourage engagement between faith groups, while also suggesting where improvements might be made.
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It's 52 years since Britain carried out a series of secret nuclear tests at Maralinga in Southern outback Australia, and Veterans involved in those tests say they are still fighting for recognistion and compensation.
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The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on 10 December 1948. Dr HV Evatt, Australia’s Minister for External Affairs in the Chifley Labor Government, was the President of the General Assembly and chaired the session at which the UDHR was passed. Australia had been one of the eight States given responsibility for drafting the Declaration and so it was fitting that its Minister chaired the session that adopted it.
In 2008, the United Nations is observing a 60th anniversary year that will culminate with the anniversary itself on 10 December 2008.
A package of initiatives for the 60th anniversary will contribute towards the observance of the anniversary. More importantly, it will assist in restoring Australia’s leadership in international human rights. Most fundamentally, however, it will contribute to advancing the protection and promotion of human rights in Australia and beyond. The rights recognised in the Declaration are universal and indivisible. Protection and promotion of these rights are the best means to counter terrorism, build greater security and ensure prosperity. This was recognised by Dr Evatt in 1945 when, in the aftermath of World War II and in the days prior to the adoption of the UN Charter, he prophetically stated,
… The nations must not fumble this … chance to create a system of international cooperation within which they can live together as friends. While security is the first task, it is not enough to plan for security alone; economic and social conditions are potential factors in international relations. Poverty and unemployment are the worst menace to peace.
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The Hon Stephen Smith MP, Minister for Foreign Affairs, says:
In keeping with our policy of greater engagement with the United Nations, Australia has renewed its commitment to work with the international community and the United Nations to face these global challenges. Australia’s renewed focus on the United Nations is also reflected in our decision to seek election for a non-permanent United Nations Security Council seat for 2013-2014.
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Country Reports
Cambodia's Prime Minister Hun Sen has announced that lawmakers of the ruling Cambodian People's Party who hold both government posts and seats in the National Assembly must now resign their parliamentary seats to concentrate on their ministerial responsiblities.
China has responded angrily to an American proposal to sell $US6.5 billion worth of weapons to Taiwan. China's defence minister says the planned arms deal violates US government policy on Taiwan, and warns Beijing may take "further measures" in protest. But defence analysts believe the spat won't harm Beijing-Washington relations in the long term.
East Timor's President and chief prosecutor are at odds over the prosecution of senior military figures for their role in illegally arming civilians during the 2006 crisis. Last week, the prosecutor general said it was the president's fault he'd not yet been able launch the action, while Jose Ramos Horta says there are other priorities.
Just when it looked like the six-nation talks over North Korea's nuclear program were faltering, the United States has announced the process is back on track.
The US has agreed to take North Korea off a list of states that sponsor terrorism -- the so-called "axis of evil" -- and in exchange, North Korea will resume disabling its nuclear facilities and allow inspectors in. But the deal has received a mixed response, with a Japanese MP calling it "extremely regrettable" despite the US saying it got "every single thing" it wanted out of the deal.
In Papua New Guinea, at least 30 warring hill tribes from the Southern Highlands have agreed to lay down their arms and cease generations of fighting in what's being described as the regions first peace agreement. The so-called Tari District peace deal has taken 5 years to negotiate through a series of peace building activities organised by a team of local and international volunteers lead by a former Philippines born nun now living in Australia.
South Africa's new health minister Barbara Hogan, has pledged to "get things right" over AIDS, after years of denial by the former president Thabo Mbeki that HIV leads to AIDS, and blunders by her predecessor, who had suggested beetrot as a remedy.
Thailand's recently appointed deputy prime minister Chavalit Yongchaiyudh has resigned, in the wake of violent clashes between pro democracy protests and riot police. The deputy PM, who was charged with negotiating a peace deal with the demonstrators, has accepted responsibility for the clashes which left more than 80 people injured, saying it wasn't what he intended. Tear gas and smoke bombs were used to try to disperse the crowd who tried to take over the national parliament building ahead of a key government address.
Tonga claims South Korea gave incentives to several Pacific countries to change their votes at a regional meeting of a United Nations body.
Tonga had put forward its health minister and deputy prime minister, Dr Villiame Tangi, as a candidate for regional head of the World Health Organisation.
At a meeting in the Philippines capital, Manila, a South Korean candidate won the post.
The United States administration says it plans to appeal against a court order to free 17 Muslim Uighurs onto American soil from detention at Guantanamo Bay.
The Uighurs, a Turkic-speaking minority from western China, have been held at the American military prison camp in Cuba for seven years.
There's growing concern over a Vietnamese government move to send abroad some 20-thousand workers from ethnic minorities. The government says it's part of a plan to reduce poverty in 61 districts where ethnic minorities make up more than 90 per cent of the population. The Ministry of Labour says workers will be given financial assistance and training to prepare them for working overseas in countries including Malaysia, Taiwan, Japan and the U.A.E., where there's high demand for manual laborers, agricultural and factory workers and domestic helpers.
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Refugee Council of Australia - AGM
The Minister for Immigration Senator Evans has addressed the AGM of the Refugee Council of Australia
| When: |
Monday, 17 November |
| Where: |
Parramatta Town Hall |
For a copy of the Minister's speech, click here
Seminar: Researching services for survivors of torture and trauma
A preliminary investigation about recovery outcomes. Presented by Latrobe University Refugee Health Research Centre with Dr Colleen McFarlane and Dr Ida Kaplan, Refugee Research Centre, Latrobe University/Foundation House.
| When: |
Tuesday, 26 November 5.30pm to 6.30pm |
| Where: |
Foundatio House, 6 Gardiner Street, Brunswick |
Sydney launch of Human Rights Overboard
Human Rights Overboard draws together, for the first time, the oral testimony and written submission from the People's Inquiry into Detention.
| When: |
Tuesday, 11 November at 7 pm |
| Where: |
Glebe Cafe Church 37-47 St Johns Road, Glebe NSW |
STARTTS 20th anniversary celebrations
STARTTS (Service for the Treatment and Rehabilitation of Torture and Trauma Survivors) invite you to celebrate their 20 year journey. Professor Marie Bashir, Government of the State of New South Wales will be their special guest speaker, along with others.
| When: |
Thursday Morning, 20 November |
| Where: |
Fairfield |
Bridge for Asylum Seeker Foundation Lunch
Guest Speaker Jacquie Everitt, human rights lawyer and author, will speak about her book The Bitter Shore, which tells of the atrocious experiences of 8 year old Shayan Badraie in Woomera and Vilawood and the court casse that took on the Howard government
| When: |
Thursday, 30 October at 12 pm |
| Where: |
38 Cammeray Road, Cammeray |
A Just Australia - Annual General Meeting
The date of A Just Australia's 2008 AGM has been set for 24 November and to be held in a venue in Melbourne City. Further details will be announced.
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New Documentary - Well worth watching
A Well Founded Fear
International law says that asylum seekers shouldn't be returned to danger, but the Australian Government never finds out what happens to the asylum seekers it rejects. A Well-Founded Fear follows Phil Glendenning, Director of the Edmund Rice Centre for Social Justice, as he tracks down several rejected asylum seekers to find out how they are faring. These asylum seekers were former Nauru detainees during the infamous 'Pacific Solution', where the Australian Government used an inferior and non reviewable assessment process. Phil's search takes him through Afghanistan, Syria, Turkey, Iran and Canada. Some asylum seekers were killed after being sent back from Nauru, others are missing and feared dead.
A Well-Founded Fear was launched in July at the Sydney Film Festival to great acclaim, and has been screened on free to air television
| When: |
Wednesday, 19 November at 8.30 pm |
| Where: |
SBS - Television |
Education kit celebrates skills and resilience of refugees
The Australian National Committee on Refugee Women (ANCORW) and the Centre for Refugee Research (CRR) at the University of NSW have launched an education kit aimed at giving Australians a greater understanding of the stories of refugees who have made this country their home. The kit includes an excellent film of personal stories and reflections from refugees who have settled in Australia, a booklet with a collection of personal stories and a suggested training program.
The “Celebration of Refugee Lives: Stories of Strength and Resilience” toolkit is available from CRR on (02) 9385 1961 or email crr@unsw.edu.au
Recent speeches worth noting
Petro Georgiou MP
Federal Member for Kooyong
“The limits of tolerance – diversity, identity and cohesion”
Delivered at the Marion Adams Memorial Lecture 2008-11-25
Patrick Dodson
2008 City of Sydney Peace Prize Lecture
“A new beginning for the first people: start with the constitution”
Delivered at Sydney Opera House 2008-11-5
Rupert Murdoch
2008 Boyer Lectures delivered in 6 parts
Broadcast ABC Radio National during November-December
Those who think they can
and those who think they can’t
are both right
Henry Ford (1863 – 1947)
You will have noticed some changes to the 2008 Newsletters, such as three bimonthly issues, and a variation in content. New features have been added including Changes to Legislation and High Court decisions. In 2009 the first issue will be January, then every month till November-December. We hope that you have not only been informed but have enjoyed each issue.
Is there something else you would like in your newsletter?
Would you like to comment on the content, style or presentation?
If so, please tell us. We would love to hear from you and share your ideas. Contact Newsletter editor
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