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Australia Faces Backlash Over Freeze on Accepting Refugees from Sri Lanka,
Afghanistan

   Phil Mercer | Sydney 12 April 2010
   Australian  Customs  officers  lower  their  life boat with Sri Lankan
   refugees on board as the refugees are transported from Oceanic Viking,
   an  Australian  Customs  Service  patrol ship, to an Australian-funded
   detention center in Tanjung Pinang, off the coast o

Photo: AP

   Australian  Customs  officers  lower  their  life boat with Sri Lankan
   refugees on board as the refugees are transported from Oceanic Viking,
   an  Australian  Customs  Service  patrol ship, to an Australian-funded
   detention  center  in  Tanjung Pinang, off the coast of Kijang, on the
   Indonesian Island of Bintan (file photo)

   Australia  could  face  legal  action  over  its  decision  to suspend
   processing   asylum   claims  from  Sri  Lanka  and  Afghanistan.  The
   government  says  that  security  in  both  countries is improving and
   asylum seekers are increasingly being sent home.

   Australia's  Labor  government  says  Sri  Lanka  and Afghanistan have
   become  more secure in recent months. As a result, asylum applications
   from those countries will now be frozen for up to six months.
   The  move  will  not  affect asylum seekers currently in Australia but
   will  apply  to new arrivals. And it will not affect those coming from
   other countries.
   Refugee  advocates  are  considering  taking  the government to court,
   arguing the decision violates Australia's international obligations.
   Human Rights Commissioner Cathy Branson is among them.
   "We think there's a real risk that it is discriminating against groups
   of  people  based  on  their  country  of  origin," Branson said. "The
   Australian  Human  Rights  Commission  is fearful that it will lead to
   breaches  of  Australia's  international  human rights obligations. In
   particular  our  obligation  under the Refuges Convention not to treat
   groups  of people differently based on their country of origin and our
   general obligation not to discriminate."
   Since Kevin Rudd's government took office in 2007, more than 100 boats
   carrying  illegal  migrants have arrived in Australian waters. Afghans
   and Sri Lankans make up more than half of them.
   The  freeze  on new asylum applications from Sri Lanka and Afghanistan
   accompanies  new  measures  to  combat the criminal gangs that traffic
   illegal immigrants to Australia.
   Prominent refugee lawyer David Mann thinks the freeze will not cut the
   number of boatpeople heading to Australia.
   "It's not an effective mechanism in relation to people who, at the end
   of  the  day,  are  fleeing  from brutality to save their lives," Mann
   said.  "This strategy in so far as it is designed to avoid obligations
   currently   owed,   flies   in   the  face  of  our  obligations,  our
   international  obligations,  to  properly assess refugee claims at the
   time they're made."
   Sam  Pari  from  the National Tamil Congress, an organization of Tamil
   immigrants  in  Australia,  says freezing asylum applications will not
   deter those desperate to escape mistreatment in Sri Lanka.
   "They  obviously  would  rather  live in their own land, live in their
   country  of birth and live with their family in a place that they call
   home,"  said  Pari.  "So for them, these changes, these announcements,
   make  very  little  difference because when they do choose to flee Sri
   Lanka  on  a boat to a foreign land it's because they have resorted to
   the  last  option that they have. And I don't think such announcements
   will make a difference when someone is trying to save their own life."
   The  Australian government says it is putting a hold the processing of
   refugee  claims  by  Afghan  and  Sri Lankan migrants until the United
   Nations completes new asylum protection guidelines for both countries.
   Immigration   Minister   Chris   Evans   says  improving  security  in
   Afghanistan  and  Sri Lanka is likely to result in more asylum seekers
   being repatriated in the future.
   "Evolving country information from Sri Lanka and Afghanistan is likely
   to  have  a  significant  effect  on  the outcome of assessments as to
   whether  asylum seekers have a well founded fear of persecution within
   the  meaning of the refugees' convention," Evans said. "The likelihood
   of  people  being  refused  visas  and  being returned safely to their
   homelands  will  increase. The government will review the situation in
   Sri  Lanka  after  a period of three months and in Afghanistan after a
   period of six months."
   Foreign  Minister Stephen Smith says recent elections in Sri Lanka are
   signs that the nation is stabilizing following the end of a long civil
   war.
   Smith  thinks  that  Afghanistan  too  is  becoming  less  hostile for
   minority groups that had previously suffered discrimination.
   "There  was  a time, indeed until quite recently there was a time when
   if you were an Afghan Hazara then you almost automatically fell within
   the  provisions of the refugee convention," said Smith. "With the fall
   of  the  Taliban,  with  better security in parts of Afghanistan, with
   constitutional   and   legal   change   and  reform,  it  is  not  now
   automatically the case that just because you are an Hazara Afghan that
   you automatically fall within the provisions of the convention."
   Australia's  conservative  opposition accuses the government of losing
   control  of  the  country's  borders  through more relaxed immigration
   rules,  a charge the government denies. Some political analysts say it
   is  possible  the Labor government decided on the freeze to remove the
   sensitive issue of illegal immigration ahead of a federal election due
   later this year.
   Australia  annually  takes in more than 10,000 refugees a year through
   international humanitarian programs.