BuddiesSupporting refugees

ABOUT BUDDIESThe Buddies Refugee Support Group is a Sunshine Coast group which advocates for just and compassionate treatment of refugees, consistent with the human rights standards which Australia has developed and endorsed.We support policies towards refugees and asylum seekers that reflect respect, decency and traditional

Australian generosity to those in need, while advancing Australia’s international standing and national interests.We are an independent community group and meet on the 4th Sunday of each month at 11am, 24 King Street Buderim.ConfidentialityYour email address is completely confidential. The Bulletin is sent Bcc [Blind carbon copy] and no-one else sees your email address.

www.refugeebuddies.org.au

BuddiesSupporting refugees

To contribute to BuddiesEvery cent goes to asylum seeker or refugee support. You can direct debit to: SUNCORP BANK, BSB 484-799ACCOUNT NO: 605927994ACCOUNT NAME: BUDDIES REFUGEE SUPPORT GROUPOr you can contribute at each meeting to “The Box”. Your donations are very greatly appreciated by those we help.

WEBhttp://www.smh.com.au/comment/our-obligations-still-apply-despite-high-court-win-20150129-1316fm.html

MONDAY 2 FEBRUARY 2015

buddies bulletin

The High Court decision on the detention of Tamil asylum seekers at sea turned on a

technical reading of statutory provisions, not an assessment of Australia’s international refugee obligations, says Jane McAdam.

The High Court has decided that the month-long detention of 157 Tamil asylum seekers at sea was legal under Australian law. It was a narrow win for the government – three of the seven judges dissented. However the decision has no bearing on the lawfulness or otherwise under international law of Australia’s interception, detention and removal of asylum seekers. Australia’s international law obligations have not disappeared, but current policy leaves us wide open to breaches.

The plaintiff in the case was a Tamil asylum seeker from Sri Lanka. Along with 156 other asylum seekers, he was intercepted by an Australian border protection boat in June last year.

The broader issue – and the one that is front and centre in international law – is this: is Australia at liberty to send asylum seekers to places where they might be at risk of harm, either directly or because that other country sends them to such a place?

This brings us to the legal principle of non-refoulement, which prohibits countries from sending asylum seekers to any place where they have a well-founded fear of being persecuted for reasons of their race, religion, nationality, political opinion or membership of a particular social group. This principle also prevents removal to a risk of torture, cruel, inhuman or degrading treatment or punishment, the death penalty, or arbitrary deprivation of life.

These are Australia’s international obligations, which are also reflected in the Migration Act. The fact remains that Australia is accountable internationally for its actions.

Our obligations

still apply despite High Court rulingJane McAdam, Director,

Kaldor Centre of International Refugee Law at UNSW

January 30, 2015The group of 157 Tamil asylum seekers at Cocos Island in July. Photo: AAP

what’s on

BUDDIES BULLETIN, 2 FEBRUARY 2015

For your DIARY...

FebruaryThe art of Nisarali Jan on display at the Maleny Library5 Coral St, Maleny

Friday 20 February, 3pmFirst Lobby Group meeting for the year. 26 Rita Court, Tanawha belz@squirrel.com.au 5445 3727

Sunday 22 February, 11amBuddies meeting, 24 King St, Buderim. Chairperson: Val Ross budross@bigpond.net.au 5476 8645

Saturday 7 MarchRefugee Welfare and Advocacy Conference, Brisbane (see below)

Sunday 8 March – Friday 13 MarchFirst Learn English Holiday program for the yearInquiries: kaylaszumer@gmail.com 5476 8910

Sunday 22 March, 11amBuddies meeting, 24 King St, Buderim

Tuesday 24 March, 4-6pmBuddies Immigration Support Group meeting467 Diddillibah Rd, Diddillibah fergfitzgerald7@gmail.com 0458 880572

REFUGEE WELFARE AND ADVOCACY CONFERENCE – Saturday 7 March 2015A Brisbane-wide refugee advocate and welfare conference aiming to promote greater collaboration among all asylum seeker support groups in Brisbane.

WEBhttp://www.rac-qld.org/#!rac-qld-2015-conference/c17p7

AVAILABLE: FURNITUREThe following items, all in good condition, have been donated to Buddies – two recliners, a two-seater sofa, desk chair and small side table. If you know of any asylum seekers who could make use of these items, please contact Bronwyn Bell belz@squirrel.com.au 5445 3727.

Information

Some more Facebook pages to like:Julian Burnsidehttps://www.facebook.com/julian.burnsideLabor for refugeeshttps://www.facebook.com/labor4refugeesNowhere Line: Voices from Manus Islandhttps://www.facebook.com/nowherelinefilm

And some websites to bookmark:Give us a signhttp://www.giveusasign.orgMulticultural Development Association Queenslandhttp://mdaltd.org.auRefugee Action Collective Queenslandhttp://www.rac-qld.org

The Smith Street Band attacks refugee policy with new songMartin Boulton The Age, 13 January 2015The most compelling popular music often reflects the political climate and turbulent times in which it was created. Creedence Clearwater Revival, Woody Guthrie and Billy Bragg all penned protest songs that targeted hot-button political issues, opening a wider public discussion about the tragedy of war, the role of government or social injustice.

The Smith Street Band have taken a swipe at the Abbott government’s policies on asylum seekers with the provocatively titled track Wipe That Shit-Eating Grin Off Your Punchable Face in a bid to keep the plight of refugees firmly in the spotlight.

WEBhttp://www.theage.com.au/entertainment/music/the-smith-street-band-attacks-tony-abbotts-refugee-policy-with-new-song-20150113-12nc0z.htmlThe lyrics can be found at:http://www.reddit.com/r/listentothis/comments/2s5ov5/the_smith_street_band_wipe_that_shiteating_grin/cnmi8ob

WANTED: LEARN ENGLISH HOLIDAY HOSTSWe are still in need of homestay hosts for our next LEH program from 8–13 March. This is your opportunity to extend a warm hand of friendship to those seeking protection in Australia. For further information, contact Kayla Szumer kaylaszumer@gmail.com 5476 8910.

BUDDIES BULLETIN, 2 FEBRUARY 2015 • 3

petitions

PETITION TO SIGN: DON’T CUT SERVICES NEEDED FOR REFUGEES’ MENTAL HEALTHChange.orgRefugees in Melbourne Immigration Transit Accommodation (MITA) Broadmeadows

have been warned that services they rely on for social, cultural and spiritual support will be cut under SERCO’s new contract for immigration detention. Refugees report having been advised that excursions for religious worship; activities such as sports, gardening, arts and crafts; volunteer work and home visits will be cut, or made shorter and less frequent. Visitors will have to give 48 hours’ notice.

Some of these refugees have been subjected to indefinite detention for more than six years. Their mental health has been stretched to breaking point. There have been hunger strikes and suicide attempts. However, thanks to meaningful activities and visits, these individuals have managed to continue from one day, and year, to the next.

SERCO and Department of Immigration, please do not axe these vital support services.

WEBhttps://www.change.org/p/serco-and-department-of-immigration-and-border-protection-don-t-cut-services-needed-for-refugees-mental-health

EMAIL TO SEND: LET’S CLOSE MANUS AND NAURU AND BRING PEOPLE TO SAFETY IN AUSTRALIA. IT’S THE RIGHT THING TO DO.Asylum Seeker Resource CentreManus Island has been in the news a lot lately as the men locked up there have peacefully protested the terrible situation they’ve been put in by the Australian Government.

Just like the children, women and men locked away on Nauru, they are scared and anxious about their future and desperate for answers. 1930 people, including 135 children, are being forced to live in these unsafe, unhygienic detention institutions where two men have died and there have been reports of children and women being abused.

The government is desperate to keep the horrors of Manus and Nauru a secret, but we know the truth – this is another botched Abbott Government policy. It’s time our leaders faced up to what’s happening and shut down these institutions of horror.

Help us get a message to the government that Manus and Nauru must be closed and people brought to Australia to ensure their safety.

WEBhttp://us1.campaign-archive2.com/?u=82e876b44181fbd9253ccb957&id=56e7b3f7c0Contributed by Diana Woolley

PETITION TO SIGN: SAVE OUR SBSCommunityRun and GetUp!Preserve its Integrity! Don’t Increase Ads on SBS

Now is the time for all good Australians to stand up to fight for a sustainable public

broadcasting system in our country, in particular SBS.

SBS is unique. It emerged because of a perceived deficiency of the ABC in servicing the needs of increasing numbers of non-English speaking newcomers. In 2015 the raison d’être of SBS is more relevant than ever with high levels of immigration likely to prevail for the foreseeable future. A third of the current population was not born in Australia.

A taxpayer-funded public broadcaster which reaches out through multi-lingual radio, online services and

television programming and enhances a sense of inclusion and cohesion is an investment in the national interest. In an age of fear and terror it can break down xenophobia, racism and bigotry through intelligent, engaging journalism, talk-back, informed conversation, satire, documentary, movies and entertainment programming.

Please join us and Save Our SBS.

With every good wish, Margaret Pomeranz and Quentin Dempster

WEBgetup.org.au/saveoursbs

BUDDIES BULLETIN, 2 FEBRUARY 2015 • 4

report

Buddies Immigration Support Group (BISG)Fergus FitzGeraldThis working group was formed in September 2014 in response to concerns that Buddies should be more pro-active in directly supporting our ‘asylum seeker friends’ (those well known to Buddies members, often through involvement with the Learn English Holiday program, and on-going direct contact), in particular, to provide assistance through the bureaucratic process and to enhance their claims for protection in Australia. This need is heightened by the current government’s policies of reducing their support and cutting legal aid.

BISG members are Terry Boyce, Brenda Smith (registered migration agent), Garry Bates, Bronwyn Bell, Audrey Raymond and Fergus FitzGerald. We sought advice from Angus Francis at the Refugee and Immigration Legal Service (RAILS) to ensure we didn’t do anything that could unintentionally jeopardise the asylum seekers’ cases under the Migration Act. An action plan was developed on the basis of this advice.

In summary, the plan entails identifying asylum seeker friends (applicants) and their mentors and gaining their mutual commitment to participate in the program. The next step involves a review of all files held by the Department of Immigration and Border Protection, obtained through a Freedom of Information request. The purpose is to identify inconsistencies and gaps in the information, usually obtained during interviews when the applicants first landed in Australia and subsequently in detention centres; and in some cases from statutory declarations made in support of applications for a protection visa through government-funded lawyers. We then work with the applicants, and where possible through their government-funded lawyers, to strengthen their claims by preparing supplementary submissions and other material prior to the Department’s assessment.

We have engaged a lawyer and registered migration agent, Chilemwa Nkawane-Poole, who works on the Sunshine Coast and actively represents many asylum seekers. She has legal standing to act for those applicants who don’t have government-funded lawyers.

BISG is currently working with 15 applicants from Sri Lanka, Afghanistan, Iran, Iraq and Sudan. In a current critical case, funds raised by Buddies through the Hazara appeal have been used to pay for legal costs to try and reverse a Departmental assessment not to accept the applicant’s claim for protection and stop his potential deportation to Afghanistan and almost certain persecution/death at the hands of the Taliban.

If Buddies, through the BISG, can help achieve positive outcomes for any of our asylum seeker friends, we should all feel some sense of achievement in the current period of despair for so many vulnerable people deserving of our country’s protection.

Former Australians of the Year criticise immigration policySarah Whyte The Age, 26 January 2015Former Australians of the Year have written to the Federal government calling for all children to be removed immediately from immigration detention, drawing on Australia’s strong values of fairness and equality. The eminent Australians, including Dr Fiona Stanley, psychiatrist Professor Pat McGorry, scientist Ian Frazer, actor Geoffrey Rush, businessman Simon McKeon and biologist Professor Gustav Nossal, have used Australia Day to urge the government to accelerate the speed at which asylum seekers’ children are being released into the community.

WEBhttp://www.theage.com.au/federal-politics/political-news/former-australians-of-the-year-criticise-immigration-policy-20150125-12xnmv.html

Treatment of asylum seekers ‘diminishes human rights record’Ben Doherty, The Guardian, 29 January 2015Australia’s global reputation as a defender of human rights is being undermined by its continued “harsh” treatment of asylum seekers, persistently high Indigenous incarceration rates, and “draconian” new anti-terrorism

laws that restrict citizens’ freedom, the Human Rights Watch annual global report says. In particular, Australia’s obsession with “stopping the boats” and sending asylum seekers offshore is distorting the country’s foreign policy and weakening Australia’s moral authority in the region, it says.

WEBhttp://www.theguardian.com/law/2015/jan/29/australias-treatment-of-asylum-seekers-diminishes-human-rights-recordContributed by Diana Woolley

BUDDIES BULLETIN, 2 FEBRUARY 2015 • 5

EXCERPT FROM DUTTON’S MAIDEN SPEECHIt would appear the new immigration minister has long held a dislike for refugee advocacy groups, as evidenced by their special singling out in this excerpt from his maiden speech in 2002.

“The fight for a better place in which to live is today made even more difficult for many reasons, not least of which is the fact that the boisterous minority and the politically correct seem to have a disproportionate say in public debate today. The silent majority are fed up with bodies like the Civil Liberties Council and the Refugee Action Collective.... Australians are fed up with the Civil Liberties Council – otherwise known as the criminal lawyers media operative – who appear obsessed with the rights of criminals yet do not utter a word of understanding or compassion for the victims of crime. Their motives are questionable and their hypocrisy breathtaking.”

WEBhttp://www.peterdutton.com.au/MeetPeter/MaidenSpeech.aspxContributed by Penny Rivlin

SATIRE: Peter Dutton: Welcome to the new age of tyranny

The Backburner, SBS, 21 January 2015New Minister for Immigration Dutton has made a stark declaration in his opening days in the new role, calling an end to the controversial tenure of Scott Morrison and beginning his own controversial tenure.

“The past few years of Australian immigration policy have been difficult,” he said. “We’ve seen riots, deaths, inhumane policy and a blackout of media. Those days are over. Now I am in charge we’re looking forward to a new age of riots, deaths, inhumane policy and a blackout of media. You might think that that sounds exactly the same. Well, it doesn’t. I said it. I’m an entirely different person.”

WEBhttp://www.sbs.com.au/comedy/article/2015/01/21/dutton-old-age-tyranny-over-welcome-new-age-tyranny

Australia confirms 15 boats have been turned backShalailah Medhora and Ben Doherty The Guardian, 28 January 2015A total of 15 boats containing 429 asylum seekers have been turned back since the Australian government enacted its Operation Sovereign Borders (OSB) policy, the immigration minister, Peter Dutton, has said. Some turnbacks to Indonesia were undertaken without the support of local authorities.

“We work with Indonesia as closely as we can, and in some circumstances, we see activities which we work with [the support of Indonesian authorities],” said the operation’s commander, Lieutenant General Angus Campbell. “In other cases we undertake turnback operations without.” Campbell said the boats were returned only to Indonesia and Sri Lanka.

WEBhttp://www.theguardian.com/australia-news/2015/jan/28/australia-confirms-15-boats-carrying-429-asylum-seekers-have-been-turned-back?CMP=soc_567

Sinhalese asylum seekers’ on-water claims accepted by UNDavid Corlett, The Saturday Paper, 31 January 201516.7 million refugees living in varying degrees of poverty and desperation around the world are the collateral damage of Australia’s turn-back-the-boats policy. ‘Enhanced screening’ is a cursory interview to determine whether an asylum seeker will even be allowed to apply for refugee status, introduced by Labor in 2012 specifically to apply to Sri Lankan asylum seekers arriving by boat. Those “screened out” are sent back to where they came from as soon as possible, often within 72 hours of arrival.

WEBhttp://www.thesaturdaypaper.com.au/news/politics/2015/01/31/sinhalese-asylum-seekers-water-claims-accepted-un/14226228001441#.VMwkX8IfqUk

BUDDIES BULLETIN, 2 FEBRUARY 2015 • 6

HESTA should divest from the detention industryAngela Mitropoulos, Crossborder Operational Matters, 23 January 2015HESTA (the health sector superannuation fund) is at present a substantial shareholder in Transfield Services, the company that runs the Australian detention centres on Nauru and Manus Island (PNG). HESTA has, in effect, loaned Transfield Services millions of dollars, in addition to the billions in government contracts it already has to run Australia’s mandatory detention system.

WEBhttps://xborderoperationalmatters.wordpress.com/2015/01/23/hesta

Moving message as Manus reprisal raids continueIan Rintoul, Refugee Action Coalition Sydney, 30 January 2015Wilson security guards have again carried out reprisal raids on asylum seekers in Mike and Oscar compounds. Increasingly Manus resembles a prison camp with arbitrary raids, threats against individuals remaining on hunger strike and the arbitrary kidnapping of anyone thought to be ‘of interest’.

It is obvious that the Immigration department is desperate to silence the voices of the asylum seekers and stop the truth getting out of Manus. The photos and testimonies have exposed the brutality of Manus Island to the Australian public and to the world. The tactic of silencing the critics is typical of the dictatorships from which the asylum seekers are fleeing. Freedom of speech is reserved for the Minister of Immigration.

WEBhttp://www.refugeeaction.org.au/?p=3755

Sri Lankan refugee draws on own experience in detentionAdrienne Francis ABC News Online, 28 January 2015Tamil refugee Aran Mylvaganam arrived in Australia by boat unaccompanied at age 13. Mr Mylvaganam, now aged 31, is among a group of people peacefully protesting Australia’s treatment of asylum seekers by marching around the national office of ASIO. Each hour in the Walking 4 Freedom march represented one asylum seeker who had been given an adverse security assessment and was still in detention after five years. The group said originally 54 men from Sri Lanka, Burma, Kuwait and Iran were given adverse security assessments, but 32 men from Sri Lanka and Iran still remained in detention.

WEBhttp://www.abc.net.au/news/2015-01-28/refugee-draws-on-experience-in-detention-during-32-hour-march/6052500

What it’s like to have been a Rohingya refugee for 23 yearsLauren Gillin, VICE, 28 January 2015The Rohingya Muslims of Myanmar are one of the most persecuted ethnic groups in the world. Mojib is a 29-year-old Rohingya refugee who lived in camps in Bangladesh for 22 years and came to Australia by boat in 2012. He is now living on a temporary protection visa in Brisbane. He shares his story with VICE.

WEBhttp://www.vice.com/en_au/read/i-have-been-a-refugee-for-23-years