Trapped in the lucky country – Asylum seekers trapped in the community while waiting further determination of their protection claims

For the last decade, few topics divided Australia as that of asylum seekers arriving by boat. As we celebrate Refugee Week, it is worth noting that while the boats may have ‘stopped’, there are thousand asylum seekers who remain in limbo because of current Australian government policies. Many are living in community detention or on short-term bridging visas. With limited or no rights, and no clear timeframe as to when their claims for protection might be finalised, these asylum seekers are prevented from living a regular life or contributing to the Australian community.

The case of the Muraguppan family from Biloela has drawn attention to the hardships facing the roughly 30,000 asylum seekers who arrived by boat between August 2012 and January 2014 in an attempt to seek refuge in Australia, when political controversy over boat arrivals was at its height. Successive Australian governments alternated in imposing increasingly punitive policies to restrict those who arrived by boat from ever settling in Australia. This includes a ‘fast track’ assessment mechanism which has seen significant delays in processing protection claims.

Despite the fact that close to 70 percent of those 30,000 have now been found to be in need of protection by the Australian government, many still find themselves having to navigate a labyrinth of lengthy and convoluted legal procedures to prove their claims. As of 30 April 2021, there were 1497 people who are still in closed detention centres, 536 people who are in detention in the community, and 12,059 people who are living in the community with limited rights. While placing a person in the community albeit temporarily, is by far a better option than closed immigration detention centres, it still involves a level of uncertainty for those individuals concerned.

Asylum seekers placed in the community end up living in challenging circumstances for an average of 2 years. Under their current detention or visa conditions, they are not allowed to work or study, their movement is restricted, and above all, many are denied the right to apply for alternative visa options in the event they are not found to be refugees. In some cases, the state and territory governments step in to fill in the gaps created by the federal government’s policies. With no clear timeframe as to when their claims will be assessed, and with no access to work or study rights, asylum seekers living in the community may struggle to adequately support themselves and their families. They might accept to work long hours for little pay, with no protection and no insurance, and may end up being exploited.

As a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and related human rights instruments, Australia has legal obligations towards refugees. This includes an obligation to access claims for protection in a fair and efficient way, and not to force vulnerable people to return to countries where they might face persecution. Under international human rights law, Australia has an obligation to treat all people, including asylum seekers irrespective of how they arrived in the country, with dignity and respect.

While the Australian government has ‘the right to protect the country’s borders’ from people smugglers, punishing asylum seekers does not protect our borders. Leaving asylum seekers trapped in the community is a missed opportunity, for the potential valuable contribution this cohort can add to Australian society at all levels. The case of the Murugappan family, and the campaign that calls for their return to the small town of Biloela in Queensland is a case in point.

The author of this post, Sylvia Ghaly, is a recent law graduate (ANU’ 2020) and a seasoned human rights and humanitarian advocate. She tweets at @sylvia_sg

Content moderator: Sarah-Jane Fenton