Commission Website: National Inquiry into Children in Immigration Detention
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Submission to the National
Inquiry into Children in Immigration Detention from
Amnesty
International School's Network, Queensland
Procedure for Refugee Processing
proposed by the students from Amnesty International’s School’s
Network (Queensland)
Health Procedure for Undocumented Asylum-Seekers
to Process the Applications of Asylum-Seekers
for Treatment of Refugees
Privileges for Children Who are Refugees/Asylum-Seekers
Recommendations
proposed by the students from Amnesty International’s School’s
Network (Queensland)
Contained in this document are recommendations from students of Amnesty
International’s School’s Network who believe that the current
system of undocumented asylum-seeker processing is inadequate. In this
proposed procedure, both detention centres and the Temporary Protection
Visa are abolished and are replaced by a system that is better (economically,
socially, and psychologically) for both refugees and the Australian public.
In it, special provisions are made to further protect children and minimise
the stress involved in settling in Australia for them. These provisions
give children three necessities that they are denied under the current
system:
1. A proper education - the refugees’ language problems are recognised
and they are granted greater access to tertiary education
2. An assured future - the refugees’ have all the opportunities
of other Australians and know their future in all cases beyond three-year
blocks
3. Simpler Settlement in Australia - the social issues that, under the
current system, confront child refugees are addressed to simplify their
settlement and acceptance into our society.
This document does not reflect Amnesty International’s
opinion, rather it reflects the opinions of students who are members of
Amnesty International, understand the issues that confront all youth -
including refugees, and desire a fair and just treatment for refugee children.
The current system of detention centres and temporary protection, together
with the limitation of the rights of refugees is inadequate and must be
changed.
This model was produced by Rory [students from Amnesty
International’s School’s Network (Queensland)].
Initial
Health Procedure for Undocumented Asylum-Seekers
- On arrival, it
may be necessary to check the health of undocumented asylum-seekers
to ensure the general public’s protection from any potential contagion
- During this period,
the asylum-seekers would be kept in Secure Community Housing. There,
medical staff will check that they do not carry sicknesses that may
exist in their countries of origin that pose a threat to the Australian
public. That is, this health procedure is fundamentally no different
to the quarantine employed whenever foreign vessels or people arrive
here and potentially carry disease.
- In the Secure
Community Housing, asylum-seekers will have access to Torture and Trauma
Counselling, medical assistance, basic language services (primary English
classes and translators), and workshops on Australian culture (that
is, introductions into the Australian society: our core values, legal
rights, social obligations, etc.) that would best facilitate and simplify
their settling here.
- This health procedure
may last for a maximum of six weeks. This period is extendable only
by judicial review, and is extendable only when it is established that
an extended period is necessitated by the circumstances. Asylum-seekers
may be released at any point prior to this six week maximum as soon
as the Minister (or his representatives) are confident that the asylum-seeker
does not pose a threat to the general public.
- The Secure Community
Housing system will fall under the jurisdiction of the federal Minister
for Immigration. The Human Rights and Equal Opportunity Commission,
however, may have a representative to over-see the operations in the
houses due to the nature of the system.
Procedure
to Process the Applications of Asylum-Seekers
- Upon clearance
from the health procedure, asylum-seekers will be released into the
community with a form of Bridging Visa. This visa means that the asylum-seeker
is welcome in Australia at least until his/her application has been
assessed. This visa gives to its holder certain privileges
- Work Rights
The holder is free to seek employment and work in Australia and has
access to employment services.
- Language Services
The holder has access to government-sponsored English classes and
has access to translators
- Income Support
The government will pay to the visa holder a sum that is adequate
to meet the holder’s living expenses
- Medical Assistance
The holder has access to public and private health care, and to other
medical services such as Medicare.
- Residency and
Settlement Services
The holder has access to the full range of services designed to provide
accommodation, etc.
- Education
The holder has the same rights as an Australian citizen to education
including access to HECs and other assistance
- Torture and
Trauma Counselling
No asylum seeker will be denied the aid he/she needs with regards
to psychological harm.
- The asylum-seekers
will be housed in government funded Community Housing. There will be
no requirement for an asylum-seeker to remain there if he/she wishes
to find other accommodation.
- At regular intervals,
the asylum-seekers will have to check-in with a supervising officer
(similar to a system of parole). This officer’s role will be to
ensure that the asylum-seeker has not absconded, and also the officer
must ensure that the refugee’s rights and privileges are being
respected, such as those granted by their visa and by law.
- The bridging
visa will be valid for a six month period. This period is extendable
by judicial review if that court is satisfied that an extended period
is necessary to process the asylum-seeker’s claim.
- By the end of
the period of the visa, the asylum-seeker’s application will have
been assessed and his/her status as a refugee will have been formally
established.
Procedure
for Treatment of Refugees
- ALL asylum-seeker’s
whose status as a refugee is recognised will receive a Permanent Protection
Visa. This visa will qualify them for full rights as an Australian citizen,
in addition to the special privileges granted under the Bridging Visa
(these privileges, that is, will exist under the Permanent Protection
Visa also).
- The Temporary
Protection Visa will be abolished. Every refugee will receive a Permanent
Protection Visa. Creating a class system of visas based solely on method
of arrival is discriminatory, and insulting to refugees and those who
wish to help them
Special
Privileges for Children Who are Refugees/Asylum-Seekers
- Every child who
is a refugee/ asylum-seeker requires special help in order to preserve
and enhance their ability to make friends and develop emotionally, psychologically
and physically. The following provisions apply specifically to children
for these reasons. They will apply to both those children who are holders
of the Bridging Visa and the Permanent Protection Visa.
- Special English
Classes
While language skills are important for everyone, they are especially
important for young people. If a child takes too long developing
their language skills, then their social skills, too, will be underdeveloped.
Furthermore, their education will be less productive leading to
a detrimental effect on their future. Clearly, it is important for
a child in Australia to be able to understand well English. Special
English Classes will be an intensive language education program,
covering both formal and informal/slang language, both of which
are necessary socially and economically.
- Homework
Help
Education is necessary for a child to find his/her place in society
and to lead a life that is productive for both him/herself and the
nation as a whole. Unfortunately, for a variety of reasons such
as stress, the language barrier and psychological problems, some
refugee children may find it difficult to succeed at school. This
program will operate both as private tuition and extracurricular
classes (involving several students) depending on the need, and
will focus on improving the child’s performance at school.
Taught will be both school subjects and homework/study management
methods.
- Workshops
on Australian Society
Making friends and socialising is an important part of the normal
development of any child. Some refugee children may feel alienated
by Australian society or not understand the national ethos. Consequently,
some refugee children may have difficulty socialising outside of
their own ethnic groups. To prevent this, workshops will be held
to help them understand Australian culture and to help Australians
understand theirs. They will be encouraged to maintain their own
culture while being taught social norms that may be peculiar to
Australia. These include slang language, customs, currency, sports,
etc. These workshops are not so much lessons on Australian culture
as they are fun social occasions where useful aspects of the society
will be examined.
- Special English
Last
Updated 14 July 2003.
