Refugee movement can build following court ruling

The August 31 decision of the High Court to stop the Labor government’s bid to deport up to 800 asylum seekers to Malaysia is welcome news and a success for the refugee rights campaigners and the lawyers who led the case.

But the judgement has not, as many hoped, spurred the government to change direction.

In fact, immigration minister Chris Bowen said the government may even now consider reopening the Nauru detention centre and was “not ruling anything in or out”.

The 335 refugees fearing expulsion were able to celebrate, but they remain jailed and isolated on Christmas Island and it is unclear whether their refugee claims will be heard in Australia.

Fifty-seven unaccompanied minors were being held separately to families, the Australian said on September 2.

While the government dithers over “where to send these asylum seekers”, the number of refugees suffering in indefinite detention only rises. And while the media rankle for the ousting of PM Julia Gillard, few commentators have pointed out the obvious.

More than 6000 people from war torn and impoverished parts of the world are locked up in Australian detention centres and subject to a cumbersome processing system. This has led to a rapidly rising rate of self-harm, fierce protests, mental breakdown and trauma.



Christmas Island is still excised territory, denying refugees held there the same rights as those on the mainland.

But public opinion is turning against these policies. An August 16 Herald-Neilsen poll found more than half of respondents believed refugees’ claims should be assessed in Australia.

This compares with a Roy Morgan poll carried out in July last year that said 64% of Australians “want asylum seekers arriving by boat returned”.

The full implications of the High Court ruling are not yet clear. Refugee lawyer David Manne was confident the decision labels all offshore processing unlawful.

The federal government was still waiting for legal advice on September 1, but the High Court specified crucial protections for refugees that meant refugee detention on Nauru and Papua New Guinea’s Manus Island could also be challenged in court.

But taking on every putrid idea the government comes up with to cast out refugees in need of assistance and protection through the courts will always be drawn out and arduous.

It took a vibrant and inclusive public campaign to challenge the Howard government to end the “Pacific solution” and force Labor to change things.

The refugee rights movement is capable of building the same momentum and strength again, regardless of which big party is in power, to end to offshore processing and free all refugees from detention.