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Submission to the National
Inquiry into Children in Immigration Detention from
Council
of Social Service of NSW (NCOSS) - Supplementary Submission
Background
Services in the community
Services funded by DIMIA
Accommodation
English classes
Employment services
Maintaining family relationships
Post-secondary education
Conclusions
1.
Background
1.1 About NCOSS
The Council of Social
Service of NSW (NCOSS) is an independent non-government organisation and
is the peak body for the social and community services sector in NSW.
NCOSS works with its members on behalf of disadvantaged people and communities
towards achieving social justice in New South Wales. It was established
in 1935 and is part of a national network of Councils of Social Service
which operate in each State and Territory and at Commonwealth level.
NCOSS membership
is composed of community organisations and interested individuals. Through
current membership forums, NCOSS represents more than 7,000 community
organisations and over 85,000 consumers and individuals. Member organisations
are diverse, including unfunded self-help groups, children’s services,
emergency relief agencies, chronic illness organisations, local Indigenous
community organisations, church groups, and a range of population-specific
consumer advocacy agencies.
1.2 About this submission
This is a supplementary submission which responds to term of reference
3, in relation to child asylum seekers and refugees residing in the community
after a period of detention:
The adequacy and effectiveness of the policies, agreements, laws, rules
and practices governing children in immigration detention or child asylum
seekers and refugees residing in the community after a period of detention…
This submission also
addresses term of reference 6, which reads:
The additional measures and safeguards which may be required to protect
the human rights and best interests of child asylum seekers and refugees
residing in the community after a period of detention.
This submission
is primarily focussed on services in New South Wales.
Services in the community
2.1 Services which benefit children
NCOSS is firmly of the view that protecting the best interests of children
living in the community involves effective support for parents and families,
as well as direct assistance to children.
There are numerous
services from which children derive direct and immediate benefit, which
are targeted at the adult or adults who are responsible for them. Access
to public housing or housing support, for example, is based on the visa
status and income of the parent, guardian or carer, but provides direct
assistance to children in the family.
There are also many
services directly targeted to adults which provide long term benefit to
their children. English language classes for adults, for example, assist
both parents and their children in settlement. Assistance for adults to
obtain employment provides direct benefit to children through increased
family income, and, in the longer term, is likely to improve the chances
of their children successfully obtaining employment.
2.2 Service
needs
TPV holders are provided with temporary visas, but are potentially long
term residents of Australia. While the Commonwealth’s approach to
renewing Temporary Protection Visas (TPVs) has yet to be tested, in the
absence of significant changes in their home country, TPV holders will
retain the same valid claim for refugee status over time. In any case,
three years is a significant period in the life of a child and has a major
impact on their development. NCOSS urges that support to TPV holders living
in the community be viewed as support for long term residents of Australia.
Young people and
their families who obtain TPV status, have established that they have
a well-founded fear of persecution in their home country. They have experienced
trauma, dislocation and, in many cases, physical and mental abuse in their
home region, and this has been exacerbated by long periods of harsh detention
in Australia. A number of TPV holders have survived torture. Many have
experienced mental illness, including depression and other illnesses which
have developed during detention.
TPV holders are a
collection of individuals and families who have high level needs for support
and assistance in order to settle effectively in the community and to
maintain their health and well-being.
2.3 Priorities for service provision
There are an enormous range of services in the community which could be
investigated in this submission. Just as individuals with Australian citizenship
require a range of supports ranging from education to carer respite, so
do individual TPV holders. Investigating the full range of services in
the community is, however, not a feasible task for this submission.
This submission addresses
the services which DIMIA has identified as appropriate to humanitarian
and other new arrivals, the priorities identified by the Australian Refugee
Council (which are outlined below), and a small number of youth-specific
issues.
The Australian Refugee
Council identifies the most pressing needs for TPV holders as affordable
accommodation, access to English classes and access to employment. [1]
2.4 TPV population
The Refugee Council of Australia estimates that there are approximately
4000 TPV holders living in NSW. Statistics on the location of TPV holders
are incomplete, as only those who are in receipt of Special Benefit appear
in Centrelink data. NCOSS understands that the majority of TPV holders
in NSW live in a small number of Local Government Areas in south west
Sydney.
Services funded by DIMIA
3.1 Integrated
Humanitarian Settlement Strategy (IHSS)
The Commonwealth Government provides a range of services to humanitarian
entrants who have passed through the offshore Humanitarian Program.
These services are
provided through the Integrated Humanitarian Settlement Strategy (IHSS)
which received $14.3 million in 2001-02. [2]
The services for
these immigrants include:
- Initial Information
and Orientation Assistance (IIOA) which provides settlement information
and case manages entrants so that they are aware of their new environment
and are linked to essential services such as income support, Medicare,
education and training, employment and the other IHSS services;
- Accommodation
support which provides assistance to obtain long term accommodation
and, where required, interim accommodation;
- Household Formation
which provides a basic package of household items to assist in establishing
a household;
- Early Health Assessment
and Intervention which provides assistance in overcoming physical and
psychological health problems and encourages health care providers to
be sensitive to the needs of humanitarian entrants;
- Community Support
for Refugees which registers volunteers who wish to provide social support
and friendship to new arrivals; and
- Proposer’s
support which provides information to enable proposers of humanitarian
entrants to fulfil their undertakings.
With the exception
of Early Health Assessment and Intervention, TPV holders are not eligible
for these services.
The rationale for
the IHSS is stated as:
Under its annual offshore Humanitarian Program, Australia welcomes
thousands of humanitarian entrants, including refugees, who have faced
serious violations of their human rights.
Many are severely traumatised as a result of their experiences, including
persecution and torture, which has caused them to leave their home countries.
The Government recognises that rebuilding the lives of these people
involves far more than securing permanent residence in Australia.
They must be provided with extra support to enable them to become acquainted
with the Australian environment and the services available so they can
fully participate in the Australian community. [3]
As the experiences
of individuals participating in the off-shore Humanitarian Program are
distinguishable from those of TPV holders only by their method of arrival
in the country, NCOSS can see no needs-based rationale for excluding TPV
holders from these services.
3.2 Migrant
Resource Centres
A key service funded by DIMIA is the network of Migrant Resource Centres.
These are funded to provide the following outcomes for clients:
- migrants in the
target area will be able to settle and participate better in the social
and economic life of the community; and
- communities of
people from diverse cultural backgrounds in the target area will be
supported and empowered to participate in the wider community.
Specific services
provided by Migrant Resource Centres include:
- Information and
referral;
- Advice on a range
of matters, including immigration, negotiating with utilities providers;
- Community activities
such as playgroups;
- English language
classes; and
- Support for migrant
community organisations.
Migrant Resource
Centres are precluded by their service agreements from providing services
to TPV holders. In addition to the clause in the Centres’ contracts,
this provision is explicitly repeated in the Ministerial letter which
confirms their funding. The following is a quote from a letter from the
Hon. Gary Hardgrave, Minister for Citizenship and Multicultural Affairs,
to a Migrant Resource Centre:
I would like to take this opportunity to remind you that the core
funding of your organisation cannot be directed towards any provision
of settlement services for Temporary Protection Visa holders, beyond
basic referral and information provision and referral to early health
assessment and intervention services. [4]
NCOSS finds it extraordinary
that services which are specifically established to assist migrants with
settlement issues and to support participation in the broader community,
should be refused to TPV holders. The Migrant Resource Centres are a key
source of ongoing advice and support for migrants in need of assistance.
The Commonwealth provides no comparable, alternative source of advice
and support for TPV holders.
In practice, the
provision of ‘basic referral and information’ to TPV holders
is confined to the provision of information. Migrant Resource Centres
indicated that they interpreted the restriction as meaning that TPV holders
could obtain information from reception, but that staff could not make
a phone call or ‘lift a pen’ to assist the TPV holders. This
excludes TPV holders from a key source of practical, hands-on assistance
to negotiate their way in a new country.
This gap in services
to TPV holders has the potential to limit effective use of a range of
services for which TPV holders are eligible and which would assist them
with settlement. Lack of information about available services, lack of
language skills and confidence to negotiate with service providers, lack
of trust in dealing with Government service providers, and a range of
other factors inhibit use of services which would be of use. Similarly,
limited capacity to negotiate with utility providers, financial institutions,
and retailers creates the potential for TPV holders to miss out of benefits
targeted to low income earners, or to be taken advantage of by unscrupulous
agents.
The contractual prohibition
on use of Commonwealth core funding to assist TPV holders (beyond basic
referral and information provision) would suggest that Migrant Resource
Centres are welcome to work with TPV holders where they can obtain other
resources to do so. In practice, the prohibition is applied much more
broadly.
Migrant Resource
Centres indicated that the prohibition extended to the use of Centre resources
such as meeting rooms. Centre coordinators stated that they understood
that TPV holders were not to attend meetings held in the Centre.
Even where State
funding was obtained to conduct events or provide services, Migrant Resource
Centres indicated that they were under pressure from DIMIA staff not to
allow TPV holders to participate. NCOSS received consistent reports that
the Centres were organising the State funded events and meetings off-site
so that TPV holders could attend without the Centre experiencing difficulties
with DIMIA.
Migrant Resource
Centre staff reported a high level of community frustration when these
prohibitions were applied. An example provided was of a person from Iraq
attending the Centre and receiving services. Having found the Centre useful,
she brings her friend in for assistance, but this is refused as the friend
is a TPV holder. The refusal of service is inexplicable to the individuals
seeking assistance, as they are in very similar situations. The rationale
for refusing services is that it is a Government requirement. This raises
serious concerns for people who have fled Government persecution, and
it undermines the credibility of Migrant Resource Centre as community-based
organisations which are independent of Government. The refusal of services
to TPV holders creates difficulties for Migrant Resource Centres in their
work with the broad range of ethnic communities which they are funded
to assist.
The Migrant Resource
Centres also reported a high level of DIMIA pressure not to discuss issues
affecting TPV holders. Migrant Resource Centres which spoke to NCOSS,
did so on condition that they were not publicly identified. They were
firmly of the opinion that if they were publicly identified as having
spoken about this issue, they would be putting their organisation’s
funding at risk.
Migrant Resource
Centres are able to effectively collate information on the settlement
issues facing TPV holders, even with their limited role in service delivery.
It is of serious concern that Migrant Resource Centres are being pressured
not to share information or contribute to the debate.
Centres reported
a high level of pressure from DIMIA to prevent organisations they worked
closely with from discussing immigration issues. The Centres reported
that when they were involved in events where TPV issues were discussed,
DIMIA inferred that the Centres were deliberately breaching their service
agreements. This included events which were planned and delivered by ethnic
community groups, rather than the Migrant Resource Centre, but which received
some Centre support, such as use of meeting rooms or publicity through
local networks.
Despite the contractual
obligations and threatening behaviour of DIMIA staff, a number of the
Centres reported that they were supporting the provision of services to
TPV holders through volunteer activities or in-kind support.
Migrant Resource
Centres emphasised that their desire to work with TPV holders was not
a request for more funds, but a commitment to provide services to people
in their community who are in need of their support. As community-based
organisations, they are seeking the right to determine who receives services
based on the local needs which their service identifies.
In NSW, a church-based
voluntary organisation, the House of Welcome, is running a shopfront service
for TPV holders which parallels the advice and referral role of the Migrant
Resource Centres. This service is funded entirely by Church sources and
private donations through the NSW Ecumenical Council.
4.1 Accommodation
on release from detention
Accommodation on release from detention is a key area of accommodation
assistance. Finding immediate accommodation requires knowledge of the
range of short term accommodation options, as well as the language skills
to negotiate arrangements and the financial resources to pay for this
relatively expensive form of housing. TPV holders commonly have limited
English skills and certainly have limited financial resources, and are
generally reliant on others for information on accommodation options.
In recognition of
the major challenge posed by finding accommodation on arrival in Australia,
the Commonwealth Government funds a period of on-arrival accommodation
for holders of Permanent Protection Visas. Until recently, the accommodation
was available for a 13 week period.
In contrast, TPV
holders are not entitled to this on-arrival accommodation or any other
form of Commonwealth funded accommodation assistance immediately following
detention.
The Australian Housing
and Urban Research Institute describes this situation:
Those persons granted a Temporary Protection Visa are then transported
to capital cities… Upon arrival in these cities, the TPV refugees
are left to fend for themselves because they are not eligible for most
existing settlement support services. In reality, they are released
into a state of homelessness – caused by the Federal government’s
decision not to provide assistance and their ineligibility for a range
of settlement assistance. They must make their own pathways out of homelessness
and draw upon other assistance to find shelter. The challenges that
face this immigrant group would appear to be greater than other groups
entering Australia. [5]
In NSW, this gap
in services is being addressed by a church-based voluntary organisation,
the House of Welcome. This organisation received no Commonwealth or State
funding and is funded entirely by church and private donations through
the NSW Ecumenical Council.
The House of Welcome
provides short term accommodation for TPV holders on their release from
detention. The accommodation is in a house leased from the NSW Department
of Housing. TPV holders stay an average of four weeks, and in this time
the House of Welcome volunteers assist residents to organise Centrelink
payments, Medicare cards, open bank accounts and find accommodation in
the private rental market.
House of Welcome
staff stated that one of the factors prompting the NSW Ecumenical Council
to develop the service was the regular phonecalls from DIMIA staff requesting
assistance for families on their release from detention.
In other States,
some assistance with accommodation on release is provided by community
agencies and, in some cases, by State public housing bodies.
In South Australia,
NCOSS understands that the South Australian Housing Trust provides short
term accommodation for TPV holders immediately after their release from
detention.
Single men are accommodated in backpackers’ hostels, with the TPV
holder required to pay for the first two nights, while the Housing Trust
pays for the next five nights. The maximum provided is two weeks. Single
women and families are eligible for accommodation in five Housing Trust
houses which are specifically allocated to TPV holders for their initial
two weeks. Families can stay for a maximum of four weeks. The Housing
Trust has a volunteer who provides assistance with finding private rental
accommodation. The Trust can provide further assistance with bond and
two weeks’ rent in advance.
In Queensland, NCOSS
understands that DIMIA organises the first night’s accommodation
for TPV holders on release in Brisbane, and that this is generally a booked
motel room which the TPV holder is required to pay for.
NCOSS also understands
that Queensland Lifeline provides services to TPV holders through the
Romero Centre, and receives some funding from the Queensland Department
of Multicultural Affairs to do so. This is the first point of contact
for TPV holders. After DIMIA has organised the first night’s accommodation,
the Romero Centre provides practical assistance to people to find housing
in the private rental market.
4.2 Housing
(medium to long term)
4.2.1 Public and community housing
Public and community housing has the advantages of affordable rents, security
of tenure, and varying levels of support to maintain the tenancy. These
are a source of medium to long term accommodation which are targeted to
low income and other disadvantaged groups living in the community.
Holders of Permanent
Protection Visas are eligible for public and community housing in NSW,
however TPV holders are not. NCOSS understands that some States and Territories
do not have these restrictions.
4.2.2 Private
rental accommodation
TPV holders are also eligible for Rent Assistance, which is a Commonwealth
payment to assist with the cost of rental accommodation.
In NSW, Rentstart
and Rentstart Plus are schemes of assistance for individuals having difficulty
entering the private rental market. Rentstart provides up to three weeks
bond and Rentstart Plus provides up to full bond and two weeks rent in
advance. Rentstart Plus previously provided assistance with utlitity connection
fees, however NCOSS understands that this has been withdrawn.
TPV holders are not
eligible for the Rentstart and Rentstart Plus schemes as recipients must
meet public housing eligility criteria in addition to a range of other
conditions. As noted above, TPV holders are not public housing eligible.
Despite this, NCOSS understands that many TPV holders have obtained assistance
through this scheme. In the absence of any other program of Government
support, ongoing access to this scheme is essential. Entry to the private
rental market generally requires payment of four weeks’ bond and
two weeks’ rent in advance, and this is unachievable for TPV holders
who are wholly dependent on fortnightly Special Benefit payments.
While support to
access the private rental market may meet the needs of some TPV holder
families, there are many families for whom it will pose significant difficulties.
These include housing stress due to the high cost of accommodation, insecure
tenure, discrimination in obtaining accommodation, and the costs and social
dislocation flowing from repeatedly changing address.
4.2.3 Household
formation
An additional cost of housing is the purchase of household items including
furniture and kitchenware. Refugees entering Australia under the off-shore
Humanitarian Program are eligible for ‘Household Formation’
assistance which helps in establishing a household with a basic package
of household items. TPV holders are not eligible for this program.
4.3 Emergency
accommodation
TPV holders are eligible for emergency accommodation through the Supported
Accommodation Assistance Program (SAAP) which funds a range of services
for homeless people. These programs are targeted at short-term, emergency
accommodation for people who are in a situation of crisis.
The Department
of Community Services, which administers SAAP in NSW, is planning a
study in relation to asylum seekers and people with non-permanent resident
status using SAAP. While not suggesting that TPV holders be excluded
from SAAP services, they have expressed concerns about the appropriateness
of SAAP services for this client group:
It’s inappropriate for asylum seekers to be in SAAP services.
In some cases, the asylum seekers are very vulnerable individuals who
are staying in large inner city services which are not geared to support
them. This means that they can be isolated and in danger of becoming
“lost in the system”. They may also be vulnerable to abuse
and at risk of self harm and suicide due to depression and trauma…
The depression and anxiety conditions many asylum seekers suffer can
be exacerbated by living in crisis services… These clients are
very high need and require an intensive support with some agencies estimating
that supporting asylum seekers requires at least four times the commitment
in staff hours of their usual clients. [6]
While SAAP services
are considered inappropriate accommodation for this client group, there
are strong indications that SAAP services will be regularly called upon
to provide support to this population. The Australian Housing and Urban
Research Institute comments that: ‘…many [TPV holders] end
up as homeless or are at great risk of becoming homeless.’ [7]
NCOSS is well aware
that SAAP services are already overstretched in providing assistance to
the existing population of homeless people, and is concerned that adding
to that population will create additional stress for these services. This
will further disadvantage all the populations they assist.
4.4 Summary
The Australian Refugee Council has identified affordable accommodation
as one of the three most pressing needs of TPV holders. [8]
TPV holders are denied
the support provided to entrants under the off-shore Humanitarian Program,
despite having similar needs. Instead of being provided with four weeks’
accommodation on release, they are reliant on voluntary organisations
and some State housing agencies to assist. The Australian Housing and
Urban Research Institute describes this as ‘being released into
a state of homelessness.’
Commonwealth support
to obtain medium and longer term accommodation is limited to rent assistance
payments. TPV holders are not eligible for public and community housing
in all States. In NSW, TPV holders are limited to the private rental market,
and families face housing stress due to the high cost of accommodation,
insecure tenure, discrimination in obtaining accommodation, and the costs
and social dislocation flowing from repeatedly changing address.
The Australian
Housing and Urban Research Institute comments:
The difficulties [TPV holders] are experiencing acquiring suitable
accommodation are likely to have long term impacts on their settlement
and integration in Australia. [9]
English classes
Unlike TPV holders, refugees and humanitarian entrants who have a ‘200-class
visa’ are entitled to attend a range of Commonwealth funded English
courses free of charge. NCOSS understands that TPV holders are entitled
to attend one only of the Language, Literacy and Numeracy Program (LLNP)
courses, Advanced English Language. This course requires advanced competency
in English before enrolment, and eligibility is subject to Centrelink
assessment. The course is a 400 hour course.
Other English language
training may be provided through the State TAFE system, however access
and fees are based on the policies which operate in each State.
In NSW, a number
of English language courses are provided through the TAFE system. TAFE
is open to anyone over the age of 15, including TPV holders, however TPV
holders are required to pay full fees. The fees are $8.50 per staff/student
contact hour plus the administration fee.
In all NSW TAFE courses,
permanent residents are given first priority, which means that TPV holders
are unable to attend popular courses even where they are able to pay full
fees.
South West Sydney
TAFE has established two programs for TPV holders using discretionary
funds. Each TPV holder is required to make a case for an individual exemption
from fees. One course is a 15 place English language course, and the second
is a course for TPV holders who have been in a high school based Intensive
Language Centre but have left and still need assistance with developing
their English skills. NCOSS understands that some regional TAFEs are providing
other forms of assistance, but the numbers are extremely small.
The House of Welcome,
a church-based organisation funded from church and private donations,
is running volunteer English classes for TPV holders in NSW. These classes
are provided in conjunction with Friends of STARTTS (Service for the Treatment
and Rehabilitation of Torture and Trauma Survivors). At the time of writing,
this program had 16 volunteer teachers and 103 students.
NCOSS is aware of
other volunteer English language programs provided through local Councils
and community organisations.
As part of the school
system, TPV holder children are eligible to participate in a range of
English language programs and these are provided free of charge.
In summary, TPV holders
are well supported to learn English while they are participating in the
public school system. Once outside that system, they are unable to access
beginner and intermediate level English classes targeted specifically
at new arrivals under the Language, Literacy, and Numeracy Program (LLNP).
TPV holders who are
not attending school in NSW are primarily reliant on volunteer programs
for all levels of English language training. In NSW, TPV holders are effectively
precluded from accessing English classes in TAFE as they are charged full
fees. While NCOSS is aware of two NSW TAFE courses for TPV holders which
are free of charge, these are marginal programs.
Employment services
6.1 Job Network
TPV holders are eligible for the Job Network job matching service, and
they are also entitled to use the facilities at Centrelink Customer Service
Centres such as the touch screens, fax and photocopier.
TPV holders are not
eligible for any other Job Network services including:
- Job Search Training
– This can include help with application writing and interview
skills, and advice on how to market skills and experience to employers;
- Intensive Assistance
- This is one-on-one support to assist an individual to get and keep
a job. It is offered to job seekers who have had, or are likely to experience,
difficulty in getting a job. It can include vocational training, work
experience, language and literacy training, help in job search techniques
and support after finding a job. It may also include employer incentives
to take on employees such as paying for work place adjustments or paying
a wage subsidy;
- New Enterprise
Incentive Scheme (NEIS) - This provides assistance to turn a business
idea into practice, and thereby assist an individual to become self-employed.
The scheme includes training in business management skills and business
plan development and business advice and mentor support.
The Job Network services
which TPV holders are excluded from are precisely the forms of assistance
which many TPV holders would require to seek and obtain employment in
a new country. Intensive Assistance is a highly appropriate service to
individuals with limited English language skills and who face a range
of other barriers to obtaining employment.
The Job Network services
which are provided are of limited value. Use of the touch screen to identify
job vacancies assumes adequate English language skills and computer proficiency.
This effectively precludes many TPV holders from making use of even these
restricted services.
6.2 Work for the Dole
TPV holders are not eligible for Work for the Dole programs, which are
limited to over-18 year olds on full-rate Newstart or Youth Allowance.
While this program is problematic, it is framed as a means for unemployed
individuals to obtain experience. It seems extraordinary that TPV holders
are ineligible to take part.
6.3 Recognition
of overseas qualifications
TPV holders are ineligible for the National Office of Overseas Skills
Recognition (NOOSR) loan scheme to support bridging training for overseas
trained professionals. This scheme provides overseas trained professionals
with interest-free, deferred payment loans to cover the costs of tuition
to assist them to meet formal professional recognition requirements in
Australia.
7.
Maintaining family relationships
7.1 Barriers to maintaining family relationships
While some TPV holders have travelled to Australia with their immediate
family, many are separated from members of their immediate family, including
parents, siblings, spouse or children.
TPV holders are not
permitted to sponsor family members to Australia. This prohibition extends
to parents, spouse and children, as well as extended family. In contrast,
individuals who have entered Australia under the off-shore Humanitarian
Program are entitled to bring members of their immediate family to Australia.
If a TPV holder leaves
Australia for any reason, including visits to relatives, they forfeit
their right to return to Australia. Permanent Protection Visa holders
are entitled to depart and re-enter Australia without penalty.
These provisions
do not provide a legal impediment to family members visiting Australia,
or to them applying for residency in their own right through the off-shore
humanitarian program or other immigration program, however there are significant
non-legal barriers.
For individuals on
extremely low incomes, the cost of travelling to Australia is prohibitive.
Applicants for visas to visit Australia are also subject to DIMIA’s
assessment process, which can refuse applicants on the basis that they
may represent a high risk of overstaying or otherwise breaching their
visa conditions while in Australia. ‘Breaching visa conditions’
includes applying for asylum while in Australia.
The small numbers
of individuals accepted through Australia’s off-shore humanitarian
entrants program leaves family members with little hope of success.
The net effect of
these two provisions is to effectively prevent direct, personal contact
between TPV holders and family members living outside Australia. This
is a harsh regime. NCOSS would strongly argue that this is not in the
best interests of child refugees residing in the community.
7.2 Unaccompanied
minors
NCOSS is concerned about the impact of these policies on all children,
but is particularly concerned about unaccompanied minors. NCOSS strongly
urges the Commonwealth Government to reconsider the prohibition on family
reunion in relation to unaccompanied minors.
Parental care is
the primary source of emotional and practical support for children. Where
an unaccompanied minor has a parent or a relative prepared to perform
this role, this is manifestly the most desirable form of care for that
child. NCOSS remains extremely concerned that the prohibitions on family
reunion for TPV holders are leaving children without parents or appropriate
guardians.
State Governments
provide care to unaccompanied minors through the ‘out of home care’
system. The outcomes of ‘out of home care’ for children and
young people are problematic. A study quoted by the Community Services
Commission found that children leaving care were lonely, over-represented
in the criminal justice system, under educated, lacking in basic survival
skills, and often faced homelessness. [10]
Out of home care
is a costly service. While this investment is entirely appropriate for
children who do not have parents or guardians able to provide a home which
is free of abuse and neglect, it is worth considering the costs for children
who have a non-abusive parent or guardian who is not permitted to reside
in Australia. It is highly likely that permitting the parent or guardian
to migrate would cost Government significantly less than placing the child
in care.
As an example of
the costs, the Queensland Minister for Housing, the Hon. J. Spence stated
that the State Government had provided in excess of $137 000 to Mercy
Family Services in Brisbane for day-to-day casework management for more
than 20 unaccompanied minors for the period January-May 2002. The State
Government had also paid for their medical services and housing. She noted
that over the same period, only $21 854 had been received from the Commonwealth
to support those children and young people. [11]
Income support
8.1 Pathways to employment
Adult TPV holders and unaccompanied minors are eligible for Special Benefit.
While this is an appropriate benefit for humanitarian entrants, there
are aspects of the administration of this benefit which create strong
disincentives to enter employment.
TPV holders in receipt
of Special Benefit have their payment reduced dollar for dollar for any
earned income. This approach is a strong disincentive to seek part-time
or casual work, which is a common path into the labour market. In recognition
of this, recipients of Newstart, for example, are entitled to earn up
to $62 per fortnight without penalty, and a higher income leads to a reduction
in benefit on a scale of 50c then 70c in the dollar.
NCOSS understands
that TPV holders who have obtained work, and then left it voluntarily,
have had their Special Benefit reduced in a similar manner to Jobsearch
or Newstart recipients. Again, this provides a disincentive for TPV holders
to enter employment.
As noted above, TPV
holders are not eligible for the training and other employment services
provided to recipients of a range of other benefits.
The structure of
income support for TPV holders ensures that they receive some of the financial
disadvantages attaching to unemployment benefits without any of the advantages
of training and support.
8.2 Unaccompanied
minors
A specific problem exists in relation to income support for unaccompanied
minors. Special Benefit is payable to children to the age of 18, however
they are not eligible after this age if they are in full-time study. As
many young people complete their schooling in the year they turn 18, this
poses particular difficulties. NCOSS strongly recommends changes to Special
Benefit provisions to allow TPV holders who arrived in Australia as unaccompanied
minors, to receive full Special Benefit while completing their schooling.
Post-secondary education
After leaving school, young people have a range of post-secondary education
options. These include TAFE and university.
As discussed above,
TPV holders are eligible to attend TAFE in NSW, but are required to pay
full fees. While TAFE costs vary between regions, a Business Diploma consisting
of 573 hours of tuition, would cost approximately $4 700. For people on
low incomes, this is an effective barrier to entry. Holders of permanent
residency take precedence over TPV holders, providing another barrier
to entry to popular courses.
TPV holders are eligible
to attend university, but again are required to pay full fees. These fees
are a highly effective barrier to further education for young people on
low incomes. For example, a Bachelor of Arts degree at the University
of NSW has fees of $15 600 per year for a three year course, and a Bachelor
of Medicine has fees of $31 920 for the first year of a six year course.
A further difficulty
flows from the income support system available to TPV holders. When unaccompanied
minors turn 18, they cease to be eligible for Special Benefit if they
are engaged in full-time education. The complete loss of income flowing
from participation in full-time study effectively precludes young TPV
holders from full time schooling if they are completing their final year/s
of schooling after the age of 18, and similarly precludes full-time participation
in post-secondary education.
Conclusions
The needs of child TPV holders living in the community is an issue of
support for families as well as support for individual children. NCOSS
does not consider it productive to analyse the situation of children in
isolation from their parents or guardians. Housing, for example, is obtained
by parents and is of direct benefit to children. Assistance for parents
to obtain employment assists children by increasing family income. In
the longer term, it also improves the life chances of the children, including
increasing the likelihood of obtaining employment when they finish education.
For unaccompanied
minors living in the community, the adequacy of the ‘our of home
care’ system is of primary concern. NCOSS is also concerned about
the barriers to family reunion and the maintenance of family relationships
TPV holders are provided
with temporary visas, but are potentially long term residents of Australia.
An appropriate policy response would be to provide TPV children and their
families with the full range of services in the community which are provided
to other humanitarian entrants and to migrants in general. It is also
appropriate to recognise that ‘temporary’ arrangements of
three years, cover key developmental stages in a child’s life.
Commonwealth Government
policies are entirely at odds with this long term approach. The Commonwealth
has actively excluded TPV holders from the bulk of services it funds for
humanitarian entrants and for new migrants in general. As TPV holders
have similar needs to other humanitarian entrants, and greater and more
complex needs than the majority of new migrants, this policy is clearly
not based on need.
The Commonwealth
approach is providing all the preconditions for TPV holders to develop
as a underclass in the Australian community. TPV holders are ineligible
for the basic and intermediate English classes provided free of charge
to new migrants. The intensive employment assistance services provided
through the Job Network to other immigrants facing barriers to employment
are not available to TPV holders. NCOSS considers the offer of touch-screen
job searching to TPV holders as a ludicrous response to individuals with
limited English and, in many cases, no previous experience of computer
equipment.
It is a comment on
the Australian community that volunteer and charitable services have developed
to fill the gaps created by the Commonwealth discrimination against TPV
holders. Housing on release from detention in NSW is provided by a voluntary
agency. This agency has also responded to the Commonwealth’s extraordinary
prohibition on Migrant Resource Centres providing advice and support to
TPV holders, by developing its own shopfront service. And this agency,
alongside a number of other community organisations and local councils,
is providing English classes to TPV holders on a voluntary basis.
While the Commonwealth
Government is prepared to permit other humanitarian entrants to bring
immediate family to Australia, TPV holders are unable to bring parents,
siblings, spouses or children to join them in Australia. This is a harsh
regime for all children and their families, but is an extraordinarily
brutal policy for unaccompanied minors. These children are dependent on
the vagaries of the ‘out of home care’ system for their care
and support, rather than the care of a parent or close relative who may
be currently resident in another country.
For young people,
the financial barriers to participating in TAFE or university education
are sufficient to guarantee very few TPV holders will be able to obtain
any post-school education. For unaccompanied minors who are completing
school after they turn 18 years of age, the loss of income support provides
a further and inexplicable barrier to obtaining education.
Compounding these
gaps in services is the prohibition on Migrant Resource Centres providing
assistance to TPV holders. These organisations, which were established
to assist new migrants with settlement in Australia, are a critical gap
in services for TPV holders. These are the gateway to a range of services
which TPV holders are eligible for, and the primary source of assistance
to negotiate difficulties with government agencies, private corporations,
employers and other institutions.
NCOSS is extremely
concerned about the quality of life and the future life chances of child
TPV holders and their families. Access to secure and affordable housing,
English language classes, and assistance to obtain employment are basic
services to assist individuals and families to settle in the Australian
community and achieve financial self-sufficiency over time. Similarly,
the financial barriers to young people completing schooling and taking
part in post-secondary education are policies with alarming long term
impacts.
NCOSS strongly urges
immediate action by the Commonwealth Government to provide TPV holders
with:
- Entitlement to
bring immediate family to Australia, and for unaccompanied minors to
bring a close relative to Australia to act as guardian in the absence
of immediate family
- Entitlement to
re-enter Australia
- Unaccompanied
minors over the age of 18 to be eligible for Special Benefit while in
full time schooling
- Access to the
full services provided by Migrant Resource Centres
- Accommodation
on release from detention Centres comparable to that provided to other
humanitarian entrants
- Support with
household formation
- Access to public
and community housing (with the support of State and Territory Governments)
- Access to the
full range of Commonwealth funded English classes, under the same conditions
applied to other humanitarian entrants
- Access to the
full range of Job Network services
- Revision of the
administration of Special Benefit payments to TPV holders to provide
incentives and support to obtain part-time or casual work, and to enter
full-time employment
- Other services
provided under the Integrated Humanitarian Settlement Strategy
- Access to the
National Office of Overseas Skills Recognition (NOOSR) loan scheme to
support bridging training for overseas trained professionals.
NCOSS also urges
the NSW Government to improve its services to TPV holders. Priorities
are:
- formal confirmation
of TPV holder eligibility for the Rentstart and Rentstart Plus schemes
- eligibility for
public and community housing
- access to TAFE
courses in the same terms as other humanitarian entrants
NCOSS urges the Commonwealth,
through DIMIA, to support its funded services to actively participate
in debates surrounding TPVs, rather than seeking to suppress critical
comment on an issue of such importance to the Australian community.
Refugee Council, Position paper on Temporary Protection Visas,
September 2000
2. DIMIA, Integrated Humanitarian Settlement Strategy,
Fact Sheet 66, 2001
3. DIMIA, Integrated Humanitarian Settlement Strategy,
Fact Sheet 66, 2001
4. Letter from The Hon. Gary Hardgrave, Minister for Citizenship
and Multicultural Affairs, to a Migrant Resource Centre (name of service
withheld on request), undated 2002
5. Australian Housing and Urban Research Institute, Project
funding application: A comparative study of housing needs and provisions
for recently-arrived refugees, undated
6. Memo to SAAP peaks from Thea Walsh, NSW Department
of Community Services, December 2001
7. Australian Housing and Urban Research Institute, Project
funding application: A comparative study of housing needs and provisions
for recently-arrived refugees, undated
8. Australian Refugee Council, Position paper on Temporary
Protection Visas, September 2000
9. Australian Housing and Urban Research Institute, Project
funding application: A comparative study of housing needs and provisions
for recently-arrived refugees, undated
10.Cashmore and Paxton (1996) quoted in Community Services
Commission, Substitute Care in NSW: Final Inquiry Report, Sydney,
2000
11. Hon. J. Spence, Minister for Families, Minister for
Aboriginal and Torres Strait Islander Policy, and Minister for Disability
Services, Ministerial Statement on Unaccompanied Refugee Minors, 14 May
2002, Hansard – Legislative Assembly, 1519
Last
Updated 14 July 2003.
