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

Recommendations

proposed by the students from Amnesty International's School's

Network (Queensland)

Initial

Health Procedure for Undocumented Asylum-Seekers

Procedure

to Process the Applications of Asylum-Seekers

Procedure

for Treatment of Refugees

Special

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.

Last

Updated 14 July 2003.