Update on the Gillard government’s Malaysia plan

So what is the Gillard Government wanting to do?
The Gillard Government does not want to accept the decision of the umpire, our High Court, so it wants to change the law to do what has been deemed illegal by our high Court, namely to send asylum seekers to danger in Malaysia.

How are they planning to do this?
Introducing a bill called the ‘Restoration of the Migration Act’ to change the Migration Act

How do they want to change the law?
They want to make it legal to be able to deport anyone who arrives by boat to Australia to any country (including Malaysia) without having their refugee claims assessed first.

Most significantly they want the law to say that the countries they send asylum seekers to does not have to have signed the Refugee Convention or have any human rights protections in place.

In other words, that Australia will be free to send people anywhere no matter how dangerous it is or how at risk they are of having their human rights abused.

What about unaccompanied children in detention?
Children are the ones who will suffer the worst if these changes come through. The Minister for Immigration Chris Bowen is the legal guardian of these children and he has a legal obligation to act in their best interests as their protector.

What the Gillard Government wants to do is change the Immigration (Guardianship Act) so that the Minister as their legal guardian will no longer be required to act in the best interests of children. In other words children will be treated just like adults with no regard for their well-being or human rights.

If this becomes law can it be challenged in the High Court?
The answer is yes. Will it win? Yes and No.

As reprehensible as it is for our Government to try and overrule the High Court by changing the law, they may be able to succeed in arguing the first part around being able to change the law to send asylum seekers anywhere. The second change I think is on much more shaky ground. There is a huge body of common law that is unequivocal that a Guardian must act in the best interests of the child. No High Court will allow a government to remove this from the responsibility of legal guardians for children. Especially as we are also a signatory to the Convention on the Rights of the Child.

How can I help stop this from happening?
You can help to try and stop this. It’s not law yet. We need to send a message to everyone in the Labor Party that we are one of the 54% of Australians who does not want offshore processing.

We want you all to call your local Federal ALP member and tell them if they support offshore processing and these changes to the law that it will be a vote-changer for you.

P.S We know at the ASRC that the Liberal Party policies are just as unjust but it’s the ALP with the power to stop this from happening as the ruling government.

Click the link below to find out more about taking action:

https://asrc.org.au/campaigns/1-end-mandatory-detention/