Refugee Protection in the Howard Years: Obstructing the Right to Seek Asylum
Refugee Protection in the Howard Years: Obstructing the Right to Seek Asylum Jane McAdam* and Kate Purcelh* We will decide who comes to this country and the circumstances in which they come. Prime Minister John Howard (2001)' I. Introduction Had the hundreds of sections of the Migration Act 1958 (Cth) been condensed into a single policy statement under the Howard govemment, this familiar mantra would have been it. Howard's pledge to safeguard the Australian border, made in the heightened national security climate in the immediate aftermath of 11 September 2001, came to underpin a rhetorical - and, ultimately, legal - divide between the rights of so-called 'genuine' refugees, resettled in Australia from camps and settlements abroad through the offshore humanitarian program, and those arriving spontaneously in Australia, typically by boat, described variously as 'illegals', 'queue jumpers', and 'unauthorised arrivals'. This line between the 'invited' and the 'uninvited' - a distinction of no significance to the right to seek asylum and of little importance as far as protection under intemational law is concemed - facilitated the elaborate construction of migration excision zones, offshore processing arrangements, temporary protection visas for Convention refugees, as well as the maintenance of mandatory detention. As each stone was added to 'Fortress Australia',^ so one of Australia's obligations under intemational law was chipped away. By seeking to collapse Australia's protection duties under intemational law into the purely discretionary realm of domestic immigration control and national security, both as a matter of discourse and policy, the Howard govemment was able to elicit public support for its deterrence mechanisms, deflection strategies, and treatment of asylum seekers and certain Convention refugees.
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