Andrew Wilkie (Denison, Independent) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

Today I introduce a bill that provides a humane and sustainable response to the protection and processing of asylum seekers and refugees. In particular it ensures the effective protection of people seeking asylum in Australia, and in the Asia-Pacific region more broadly, and is compliant with international law.

The importance of this bill cannot be overstated. For too long the community has been misled into believing the choice is one between defending our borders from invaders or having open borders. But there was always another way, that of a genuine regional framework based on decency and the rule of law.

Let's not forget that 12 people have now died in Australian offshore detention centres, all avoidable. But it's never too late to right a wrong and this week, Refugee Week, is a fitting time to move forward with this alternative refugee protection bill that would, among other things, have the effect of seeing all asylum seekers and refugees on Manus and Nauru brought to Australia.

I introduce this bill because there needs to be a new conversation about how we, as a civilised nation, respond to people genuinely fleeing for their lives, who have suffered unimaginable atrocities, and who now need our help. We must stop talking about asylum seekers and refugees as a threat to national security and start recognising that Australia has a legal and moral obligation to give protection to asylum seekers, to quickly hear their claims and to provide permanent refuge if those claims are correct.

This bill abolishes unlawful mandatory detention of asylum seekers and refugees and provides for alternatives to detention that are community based. Moreover the bill clearly states that any immigration detention that there might be must be in Australia, lawful, necessary and proportionate, and for the shortest time humanly possible. Any immigration detention should be subject to ongoing judicial review and will be independently monitored on a regular basis.

This bill incorporates into Australian domestic law the relevant international instruments to which Australia is a signatory, including the Convention and Protocol Relating to the Status of Refugees; the International Covenant on Civil and Political Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the International Covenant on Economic, Social and Cultural Rights; the Convention on the Rights of the Child; the Convention on the Elimination of All Forms of Discrimination Against Women; and the Convention on the Rights of Persons with Disabilities. These instruments, as well as the principle of family unity and the principle of the best interests of the child, are paramount to the development of the asylum seeker and refugee framework I propose here today.

How will this work? In essence, the bill enables the establishment of a network of centres, located in and run by Asia-Pacific countries, including Australia, where asylum seekers can go to be registered, have their immediate humanitarian needs met and lodge a preference for country of resettlement.

If the asylum seeker selects Australia and is within the specified quota, this bill establishes a process for assessing their claim in Australia with appropriate oversight, limited time frames and judicial review. The bill does not allow mandatory detention but does prioritise the applicant's immediate needs and is consistent with refugee and international human rights law.

The key component of this bill is the Asia-Pacific asylum seeker solution, or APASS, which is a regional framework that the Australian government will initiate in partnership with other Asia-Pacific countries. All countries party to this APASS would be legally bound to provide effective protection for asylum seekers and refugees, as provided under international law.

The APASS centres would be located for ease of access for asylum seekers and refugees, and would provide a legal and safe alternative to the service of people smugglers. These centres would be developed in cooperation with and funded by the parties to APASS. New arrivals to an APASS centre will be screened and registered, and a person's immediate humanitarian needs will be met, even if only a temporary basis.

When asylum seekers register at an APASS centre they will be asked to select three preferred host countries. They may then remain at the APASS centre or be transferred to another centre; although any transfer arrangement must prioritise the applicant's immediate needs, the principle of family unity, international human rights law and responsibility-sharing between APASS member countries.

If Australia is selected as a preferred host country and other specified criteria are met then the applicant will become an Australian APASS applicant. To accommodate them, Australia will take a specified quota of APASS applicants each year who will be considered for permanent visas in Australia based on their refugee status.

While being processed, each APASS applicant will be assigned an APASS case officer who will be responsible for the processing of the applicant, including access to free independent legal advice, accommodation and financial support. The case officer will also work with authorities to ensure an applicant's visa is processed within the statutory time frame. This bill makes it clear that each step of this process has restricted time frames, appropriate oversight and review.

APASS establishes a mechanism for regional cooperation on the registration, processing and settlement of asylum seekers and refugees in the Asia-Pacific region. It incorporates principles of genuine responsibility and cost-sharing between member states and is able to build on existing forums such as the Bali process, the Association of Southeast Asian Nations and the Asia Dialogue on Forced Migration.

Importantly, APASS would not only provide safe entry for people seeking protection in Australia but also significantly enhance the region's capacity to respond effectively to the movement of asylum seekers and refugees. A spin-off would be improved responses to regional crises, including better targeted foreign aid to beleaguered countries—a current example being Myanmar—so that asylum seekers and refugees may be safely returned to their country of origin.

Talking of money, Australia's current offshore detention policy has been estimated to cost over half a million dollars per asylum seeker per year. That's simply indefensible. Indeed, in 2014-15, Australia spent more than $1 billion on the offshore detention of 1,577 asylum seekers and refugees. By comparison, the UNHCR budget in 2015, for the whole of the Asia-Pacific area, was about US$157 million—for over 200,000 refugees, half a million IDPs and nearly 1.4 million stateless persons.

In closing, let me just say that for APASS to be realised it needs bipartisan support, so I call on the government and the opposition to support the bill. I call on the Australian community also to get behind it and to meet with or phone, write to or email your federal MP and senators and tell them you support this bill.

Finally, a big thank you to everyone who has helped prepare the bill, in particular Kate Allingham from my office, sitting in the advisers box, who has spent months working on it, and the many organisations that have given their time to discuss it, including the office of the United Nations High Commissioner for Refugees, the Asylum Seeker Resource Centre in Melbourne and the Kaldor Centre at the University of New South Wales in Sydney. I commend this bill to the House, and, in my remaining time, I invite the member for Indi to make a short statement.

Rob Mitchell (McEwen, Australian Labor Party) Share this | Link to this | Hansard source

Is the motion seconded? I call the member for Indi.

Cathy McGowan (Indi, Independent) Share this | Link to this | Hansard source

Our treatment of asylum seekers is an important and live issue in my electorate. It's moved beyond national security or breaking the business model to an issue of conscience, values and national identity. My community have asked me to work on an alternative, and I'm delighted today to second this motion, which I think does exactly what my community have asked.

In April this year, 340 members of Rural Australians for Refugees gathered in Wodonga in my electorate. At their conference, they called on the Australian government to come up with a policy on people seeking Australian protection, which this bill does. Rural Australians for Refugees have a very clear message for this parliament. They say that rural Australians care and that they have ideas, and that we have solutions, we can do better, we should do better and we are better. They also say that Rural Australians for Refugees are willing partners in finding the solutions. I'm delighted to welcome today to the parliament my guest, the president of Rural Australians for Refugees, Marie Sellstrom. Thank you for your work and that of my constituents.

Members of parliament, this has the support of Australia. This has the support of rural Australia. It's a really important piece of legislation that actually creates an alternative and breaks the impasse that we have been experiencing. It brings to parliament, through me and the member for Denison, the support of our communities. We're now calling on the Australian people to do exactly what the member for Denison said. Get behind this and really work with your members of parliament. We have an alternative. We have a way ahead. We can do better and we are better.

Debate adjourned.