This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.theguardian.com/australia-news/2018/jan/30/scott-morrison-asked-asio-to-delay-asylum-seekers-visa-checks-papers-show

The article has changed 8 times. There is an RSS feed of changes available.

Version 6 Version 7
Scott Morrison's delay tactics tore refugee families apart, advocates say Scott Morrison's delay tactics tore refugee families apart, advocates say
(13 days later)
Former immigration minister 2013’s direction to Asio to delay the security clearances showed ‘utter disregard for the law’
Gareth Hutchens and
Ben Doherty
Tue 30 Jan 2018 05.38 GMT
First published on Tue 30 Jan 2018 00.07 GMT
Share on Facebook
Share on Twitter
Share via Email
View more sharing options
Share on LinkedIn
Share on Pinterest
Share on Google+
Share on WhatsApp
Share on Messenger
Close
A refugee legal advocacy services says former immigration minister Scott Morrison’s 2013 direction to Asio to delay the security clearances of refugees entitled to permanent protection, continues to damage vulnerable refugees, and has meant some families will never be able to live together.A refugee legal advocacy services says former immigration minister Scott Morrison’s 2013 direction to Asio to delay the security clearances of refugees entitled to permanent protection, continues to damage vulnerable refugees, and has meant some families will never be able to live together.
The Refugee Advice and Casework Service (RACS) said the minister’s direction had showed an “utter disregard for the law”, and torn families apart.The Refugee Advice and Casework Service (RACS) said the minister’s direction had showed an “utter disregard for the law”, and torn families apart.
The minister’s legal obligation was to make a decision on refugee applications within 90 days, but most decisions took between three and five years, and some people are still waiting for a final outcome.The minister’s legal obligation was to make a decision on refugee applications within 90 days, but most decisions took between three and five years, and some people are still waiting for a final outcome.
One of RACS’s clients Mehdi* fled Taliban persecution in Afghanistan after he assisted foreign military forces in the country.One of RACS’s clients Mehdi* fled Taliban persecution in Afghanistan after he assisted foreign military forces in the country.
He was recognised as a refugee – with a well-founded fear of persecution – and should have been eligible for permanent protection which would have entitled him to, one day, reuniting with his wife and three young children, who were sheltering in Pakistan.He was recognised as a refugee – with a well-founded fear of persecution – and should have been eligible for permanent protection which would have entitled him to, one day, reuniting with his wife and three young children, who were sheltering in Pakistan.
However, an extraordinary delay in processing his visa meant that Mehdi missed out on permanent protection, and instead was granted only a temporary visa. Under the current regime Mehdi will never be able to live with his family again. He has never met his youngest child.However, an extraordinary delay in processing his visa meant that Mehdi missed out on permanent protection, and instead was granted only a temporary visa. Under the current regime Mehdi will never be able to live with his family again. He has never met his youngest child.
“It has basically impacted everything in my life,” Mehdi told his lawyers, “my relationship, my social life, my ability to get work, more importantly my own health, especially my mental health.”“It has basically impacted everything in my life,” Mehdi told his lawyers, “my relationship, my social life, my ability to get work, more importantly my own health, especially my mental health.”
“I can’t concentrate properly as I could before because of worrying about my family and the uncertainty of my future. I haven’t seen my family for nine years.”“I can’t concentrate properly as I could before because of worrying about my family and the uncertainty of my future. I haven’t seen my family for nine years.”
RACS principal solicitor Sarah Dale said those affected by Morrison’s direction had been found to be refugees, and were legally owed protection.RACS principal solicitor Sarah Dale said those affected by Morrison’s direction had been found to be refugees, and were legally owed protection.
“Delaying their security assessments does nothing to protect Australia’s national security. It only damages the lives of these people. We have seen first hand the tragic human cost of delay and limbo on people’s lives.”“Delaying their security assessments does nothing to protect Australia’s national security. It only damages the lives of these people. We have seen first hand the tragic human cost of delay and limbo on people’s lives.”
Temporary protection for refugees in anomalous in international refugee law. The international standard is for permanent protection.Temporary protection for refugees in anomalous in international refugee law. The international standard is for permanent protection.
Earlier on Tuesday Malcolm Turnbull defended Scott Morrison’s tenure as immigration minister, and said the Coalition makes no apologies for taking a tough approach to people smugglers.Earlier on Tuesday Malcolm Turnbull defended Scott Morrison’s tenure as immigration minister, and said the Coalition makes no apologies for taking a tough approach to people smugglers.
“When he was the minister for immigration and border protection he stopped the boats. He did an outstanding job in securing our borders,” Turnbull said.“When he was the minister for immigration and border protection he stopped the boats. He did an outstanding job in securing our borders,” Turnbull said.
“We make no apologies for sending the clearest message to the people smugglers and to their would-be customers: ‘You think you can come to Australia on a people smuggler’s boat? You’re wrong. You won’t.’ ”“We make no apologies for sending the clearest message to the people smugglers and to their would-be customers: ‘You think you can come to Australia on a people smuggler’s boat? You’re wrong. You won’t.’ ”
Documents, first reported by the ABC, show that in the first month of the Abbott government – after it had campaigned hard in opposition to “stop the boats” – Morrison asked his department to advise what legal avenues were available to prevent asylum seekers who had arrived by boat from ever being awarded permanent protection.Documents, first reported by the ABC, show that in the first month of the Abbott government – after it had campaigned hard in opposition to “stop the boats” – Morrison asked his department to advise what legal avenues were available to prevent asylum seekers who had arrived by boat from ever being awarded permanent protection.
Morrison was told there were 70 asylum seekers who had no health, character or security checks outstanding, with only pre-grant checks to be completed, and “this group is the highest risk of requiring a permanent grant”.Morrison was told there were 70 asylum seekers who had no health, character or security checks outstanding, with only pre-grant checks to be completed, and “this group is the highest risk of requiring a permanent grant”.
A further 620 people had had most of their checks completed and were also likely to be awarded a permanent grant, pushing the number of high priority asylum seekers towards 700.A further 620 people had had most of their checks completed and were also likely to be awarded a permanent grant, pushing the number of high priority asylum seekers towards 700.
“Under section 65 of the act, if a person has made a valid visa application and met all the relevant prescribed criteria for the visa, you or your delegate ‘must’ grant them the visa,” the department told Morrison.“Under section 65 of the act, if a person has made a valid visa application and met all the relevant prescribed criteria for the visa, you or your delegate ‘must’ grant them the visa,” the department told Morrison.
“This means the department is required to grant a permanent protection visa to irregular maritime arrivals who have been found to be owed Australia’s protection and who have met all the other prescribed criteria of that visa if no temporary protection visa option exists at that time.”“This means the department is required to grant a permanent protection visa to irregular maritime arrivals who have been found to be owed Australia’s protection and who have met all the other prescribed criteria of that visa if no temporary protection visa option exists at that time.”
Knowing Morrison would be unhappy to hear that some asylum seekers who had arrived by boat were likely to be found to be owed Australia’s protection, the department advised him that “strategies” had been put in place to reduce the likelihood that permanent protection visas would be granted.Knowing Morrison would be unhappy to hear that some asylum seekers who had arrived by boat were likely to be found to be owed Australia’s protection, the department advised him that “strategies” had been put in place to reduce the likelihood that permanent protection visas would be granted.
One involved writing to the head of Asio to ask it to delay final security checks of asylum seekers who had arrived by boat.One involved writing to the head of Asio to ask it to delay final security checks of asylum seekers who had arrived by boat.
If Asio slowed its security checks, it would impede the progress of the asylum seekers who were close to being granted permanent protection visas.If Asio slowed its security checks, it would impede the progress of the asylum seekers who were close to being granted permanent protection visas.
This would give the government time to reintroduce temporary protection visas for all asylum seekers who had arrived by boat, and to add a “time of decision criterion” to all applications for permanent protection visas from “unauthorised arrivals” so they could be considered only for temporary protection visas.This would give the government time to reintroduce temporary protection visas for all asylum seekers who had arrived by boat, and to add a “time of decision criterion” to all applications for permanent protection visas from “unauthorised arrivals” so they could be considered only for temporary protection visas.
It would help the government stop any asylum seekers who had arrived by boat from ever living in Australia permanently.It would help the government stop any asylum seekers who had arrived by boat from ever living in Australia permanently.
The department told Morrison that Asio did not have to comply with the request but a request had been made anyway.The department told Morrison that Asio did not have to comply with the request but a request had been made anyway.
Morrison approved the plan. It is unclear if Asio agreed to the request.Morrison approved the plan. It is unclear if Asio agreed to the request.
Morrison said on Monday: “It was my policy and practice to put Australia’s national security interests first.”Morrison said on Monday: “It was my policy and practice to put Australia’s national security interests first.”
The cabinet documents also show the department advised Morrison to issue an order to the refugee review tribunal and the administrative appeals tribunal to hear cases for protection visas in a specific order.The cabinet documents also show the department advised Morrison to issue an order to the refugee review tribunal and the administrative appeals tribunal to hear cases for protection visas in a specific order.
“[This] will reduce the number of irregular maritime arrivals potentially becoming grant-ready,” the department advised.“[This] will reduce the number of irregular maritime arrivals potentially becoming grant-ready,” the department advised.
Morrison approved the overall plan.Morrison approved the overall plan.
Amnesty International Australia’s refugees coordinator, Graham Thom, said the revelations were another example of Australia’s cruel and punitive approach to people arriving by boat seeking protection.Amnesty International Australia’s refugees coordinator, Graham Thom, said the revelations were another example of Australia’s cruel and punitive approach to people arriving by boat seeking protection.
“The government needs to explain why these measures were taken and why it is appropriate that Australia’s security agency, Asio, was being used in this way,” he said.“The government needs to explain why these measures were taken and why it is appropriate that Australia’s security agency, Asio, was being used in this way,” he said.
with AAPwith AAP
Scott MorrisonScott Morrison
Australian immigration and asylumAustralian immigration and asylum
Australian politicsAustralian politics
RefugeesRefugees
newsnews
Share on FacebookShare on Facebook
Share on TwitterShare on Twitter
Share via EmailShare via Email
Share on LinkedInShare on LinkedIn
Share on PinterestShare on Pinterest
Share on Google+Share on Google+
Share on WhatsAppShare on WhatsApp
Share on MessengerShare on Messenger
Reuse this contentReuse this content