Submission to the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2018 Community of South Sudanese and Other Marginalized Areas in NSW (CSSOMA) Written Submission

Dear Sir/Madam,

Please find attached the CSSOMA Submission. This is the same submission we have provided in the past as we believe that all our concerns remain relevant and the content of the 2018 Bill doesn’t differ significantly from the 2017 Bill. The 2018 Bill is even more problematic with the proposal of the eight year waiting period. The Community of South Sudanese and Other Marginalized Areas in NSW(CSSOMA) represents the needs and issues of the South Sudanese Community in NSW. As the peak body for the many smaller Southern Sudanese organizations in NSW, our role is to coordinate projects across these organizations, train mainstream service providers to provide culturally relevant programs and to represent the needs and issues of our community to stakeholders. CSSOMAunited as an organization in 1998 and its objectives include:

(a) To identify the needs of the community and adopt developing strategies to meet those needs; (b) To raise means to provide facilities for meeting development and cultural activity of this community; (c) To encourage understanding and strengthen co-operation with service providers in NSW for improved service planning, co-ordination, advocacy and service delivery; with a particular focus on new arrivals, emerging and other high need (destitute and vulnerable) groups; (d) To strive to achieve peace and harmony amongst this community and foster common loyalty to this Association on the one hand, and on the other hand strengthen and support local initiatives; (e) To encourage members of this community (particularly children, youth and women) to use the resources of Australian society in order to settle into the community and reach their potential and to become active members of Australian society; (f) To assist in maintaining the central role of the family in the lives of children and this community, and to ensure that special needs of children separated from their families are recognized and met; (g) To endeavour to enhance co-operation with relevant actors (national and international NGOs, churches, embassies, and all people of good will) in their efforts to alleviate the suffering of the people in war-torn Sudan. Such assistance shall include provision of emergency relief and community-based development; (h) To place emphasis on the vision of peace through development by working to eliminate dependency and enhance self-sufficiency which would restore dignity and self-worth

We take pride in our achievements; acknowledge the difficulties we face and work together to build a strong and thriving community.Further information about CSSOMA can be found at http://cssoma.org.au/

Key Contact: Emmanuel Kondok CSSOMA President

1 Introduction

CSSOMA welcomes the opportunity to provide a submission about The Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 and 2018. This submission focuses on the impact of the proposed Bill on members of the South Sudanese community in New South Wales.

Research shows that refugees are at risk of psychological complications due to high levels of cumulative trauma1, where Post Traumatic Stress Disorder and Depression are amongst the most common mental health problems23. Citizenship is of great importance to refugees from South Sudan as it increases feelings of safety and security which are essential for trauma recovery.

CSSOMA argues that certain elements of the proposed changes to Australian Citizenship Requirements will adversely impact members of the South Sudanese community. In particular:

- Proposed changes to English language testing; and - The proposed introduction of a requirement for applicants to demonstrate their ‘integration into the Australian community’.

Proposed changes to English language testing

The opportunity to learn English is vital for newly arrived refugees and the initiatives of the Commonwealth, through the support of the AMEP, are very important to ensuring humanitarian entrants are able to grasp the wider opportunities available and participate to the fullest extent in Australian life.

However, CSSOMA has strong concerns about the practical implications of changing the English language requirement from ‘basic’ to ‘competent’in order to be eligible for citizenship. We understand that the proposed changes will require all applicants to pass a stand-alone English test, where‘competent’ will be defined as the International English Language Testing System Band score 6, which involves four distinct components - listening, speaking, reading and writing. In effect, this will require applicants to demonstrate a significantly higher level of English proficiency than is currently the case.

This requirement is likely to impact adversely on many refugees from the South Sudanese community. Many refugees can find it difficult to attain even a basic level of English due a complex interaction of factors. South Sudanese refugees have experienced limited and disrupted formal education due to the effects of war and dislocation, and as a result may struggle to learn English4. Further, according to South Sudanese customary law, women are not allowed to attend school and have therefore not attained basic literacy prior to arrival in Australia. Many, upon arrival, are preoccupied with care responsibilities in their parenting roles, and there are limited opportunities for women in these circumstances to pursue language courses, let alone consider pathways to enter

1 Fazel & Stein, (2002). The Mental Health of Refugee Children. 2 Fazel, Wheeler & Danesh, (2005). Prevalence of serious mental disorder in 7000 refugees resettled in western countries: A systematic review. 3 Steel et al., (2009). Association of torture and other potentially traumatic events with mental health outcomes among populations exposed to mass conflict and displacement: a systematic review and meta- analysis. 4 Marshall, (2015). Building a New Life in Australia: The Longitudinal Study of Humanitarian Migrants.

2 the workforce. Trauma experienced by refugees can also impairlearning ability and result in poor concentration, memory impairment and sleep disturbance56. Trauma can also precipitate physical or mental conditions that make it difficult to attend regular classes necessary for gaining proficiency.

Older people from the South Sudanese community experience a lot of difficulty attaining the existing Basic English language requirement. This experience is consistent with research showing that older refugees face a number of challenges that are additional physical and mental health challenges in comparison tothose of the Australian-born and migrant elderly population7. The effect of aging on trauma survivors can impact older refugees on a bio-psycho-social level8(refer to Table 1. The Effect of Aging on Trauma Survivors).

Table 1. The Effect of Aging on Trauma Survivors

Biological Psychological Social Premature Ageing PTSD Increased isolation Physical effects of Anxiety Loss of dignity and self esteem torture/trauma - Chronic pain - Arthritis - Cardiovascular disease - Stroke Short term memory deficits Panic attacks Increased dependence on and/or earlier memories family members emerging Dementia Distrust Alienation from younger family - Disorientation members - Loss of second Depression Lack of social support from language those without family - Increased dependence Vulnerability to triggers Exploitation/abuse by family associated with PTSD Delayed mourning Survivors Guilt Fear of Death

It is also worth noting that older refugees may also face health problems from previous injuries and inadequate access to health care as part of their refugee experience. Further, as a result of age- related memory loss, older refugees may also lose English language skills and revert to their first or second language9.

CSSOMA acknowledges the current exemption granted to people over 60, but highlights research finding that the experience of traumatic events can result in survivors biologically ageing faster10.

5Allender, (1998). Adult ESL learners with special needs: Learning from the Australian perspective. 6 Johnsen & Asbjornsen, (2009). Verbal Learning & Memory Impairments in Post Traumatic Stress Disorder: The Role of Encoding Strategies 7 NSW Refugee Health Service, (2013). Fact Sheet 7: Older Refugees. 8 STARTTS, (2011). Working with HACC Clients from Refugee-like Backgrounds. 9 NSW Refugee Health Service, (2013). Fact Sheet 7: Older Refugees 10 Lohr et al.,(2015). Is Post-Traumatic Stress Disorder Associated with Premature Senescence? A Review of the Literature.

3 Further, the average life expectancy within the South Sudanese community is 42 years old11 compared to 82 years old12 in Australia. It is also important to consider that survivors may not know their actual birth date and may have been assigned a birth date that does not correlate with their biological age13.

CSSOMA advocates that the existing basic language requirement be maintained given the extensive evidence of the effect of trauma and its implications for learning English. In light of the evidence describing the complex experience of older refugees, CSSOMA recommends that in the event that changes to the English language testing do go ahead, that the age exemption be examined further.

In addition, given the crucial importance of English language ability in obtaining citizenship and the known learning impairment that those who have experienced trauma can experience, CSSOMA recommends that the AMEPremove the cap on hours and five year time limit altogether, allowing refugees to access English language tuition on a needs basis until they attain a Basic English competency.

The proposed introduction of a requirement for applicants to demonstrate their ‘integration into the Australian community’

CSSOMA conducts community activities across a broad range of areas including: employment, health promotion, housing, education, English languages classes, family training, sports and peacebuilding in order to encourage community development and integration into the Australian community. In addition, CSSOMA works closely to support all levels of government, religious and community organisations.

CSSOMAis concerned about the proposed introduction of requirements to demonstrate integration into the Australian community and notes that this proposal is in direct contradiction to advice contained in the report of the National Consultation on Citizenship recommending that participation in community life should not be forced or directed.

We note that volunteering is an important tool for integrating refugees into the broader Australian society. However different meanings and ethnic-specific based understandings of the term ‘volunteer’ result in a failure of recognition of the extent of voluntary work by members of culturally and linguistically diverse communities. CSSOMA is aware of a number of people actively volunteering their time within their own community. In the event that applicants are required to demonstrate their integration into the Australian community, it is important to ensure this issue is taken into consideration14.

Other issues with the current Citizenship Process

CSSOMA consultation with the South Sudanese community has revealed that some adult members of the South Sudanese community did not include their children in applications for citizenship upon arrival in Australia as a result of misunderstanding the citizenship process. As a result, their children maintained permanent residency visas rather than rightfully obtaining Australian citizenship. Some of these South Sudanese young people have later hadcomplications with visa cancellation as a result of petty offenses and subsequent violations of the Good Character and Offenses requirement. Currently CSSOMA is aware of 17 young people in Villawood and Christmas Island awaiting

11 South Sudan Household Health Survey (2010) 12 World Bank, (2014) 13 STARTTS, (2011). Working with HACC Clients from Refugee-like backgrounds 14 RCOA (2010). Economic, Civil and Social Contributions of Refugees and Humanitarian Entrants .

4 deportation to South Sudan as a result of visa cancellation. These young people, whose family are Australian citizens, were born in countries outside of South Sudan including; Uganda, Egypt and Kenya, and they have no family in South Sudan.CSSOMA does not believe it is fair to deport these young people to South Sudan.

Final comments

CSSOMA considers that the increasingly stringent eligibility requirements for Australian citizenship is resulting in a disproportionately detrimental impact on settlement outcomes linked to our community’s social and health wellbeing, as well as broader economic costs to Australia’s financial prosperity15; inevitable results which, ironically, these proposed amendments seek to avoid.

Our observations, as well as feedback received from our members, are not mere anecdotes; an emerging body of literature supports and confirms our present lived reality16. It also calls for a different approach17 to facilitating the integration of communities like ours into Australian society, and we support this approach, not the damaging and counter-productive one Sen. Hanson is seeking to prescribe into legislation through the most recent iteration of this Bill.

15Sumption, M and Flamm, S. 2012 The Economic Value of Citizenship for Immigrants in the United States. Washington, DC: Migration Policy Institute, http://static1.1.sqspcdn.com/static/f/901119/20846726/1351883785067/citizenship- premium.pdf?token=Vm43I2rdiHmu3%2B9gbakJzZDFO%2Bg%3D; 16Neumann, Klaus, and Gwenda Tavan, editors. Does History Matter?: Making and Debating Citizenship, Immigration and Refugee Policy in Australia and New Zealand. ANU Press, 2009. JSTOR, www.jstor.org/stable/j.ctt24h2v9and Möllering, M, Citizenship Testing and Linguistic Integration in Australia and Germany. Zeitschrift für Interkulturellen Fremdsprachenunterricht 14: 2, 13-27. Abrufbar unter http://zif.spz.tu-darmstadt.de/jg-14-2/beitrag/Moellering.pdf; and The weaponisation of language: English proficiency, citizenship and the politics of belonging in Australia. Journal of Critical Thought and Praxis, 7 (1). retrieved from https://lib.dr.iastate.edu/jctp/vol7/iss1 17Jane Haggis & Susanne Schech (2010) Refugees, settlement processes and citizenship making: An Australian case study, National Identities, 12:4, 365-379, DOI: 10.1080/14608944.2010.520972; Finex Ndhlovu (2011) Post-refugee African Australians' perceptions about being and becoming Australian: language, discourse and participation, African Identities, 9:4, 435-453, DOI: 10.1080/14725843.2011.614417; Fozdar, F. and Banki, S. (2017) ‘Settling refugees in Australia: achievements and challenges’, Int. J. Migration and Border Studies, Vol. 3, No. 1, pp.43–66, accessed at https://www.inderscienceonline.com/doi/pdf/10.1504/IJMBS.2017.081197; Burke, R., Thapliyal, N., & Baker, S. (2018) and Nunn, C et al(2015) Mobility and security: the perceived benefits of citizenship for resettled young people from refugee backgrounds, Journal of Ethnic and Migration Studies, 42:3, 382- 399, DOI: 10.1080/1369183X.2015.1086633

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