Asylum seekers: myths and facts

Wednesday October 28, 2009
The debate surrounding the arrival of asylum seekers by boat has descended to a level reminiscent of the Tampa and Children Overboard affairs.

The federal opposition appears to be calling for a return to the draconian policies of the previous government while the Prime Minister, Kevin Rudd, has wrongly described asylum seekers as "illegal."

That and other common myths and misconceptions are quickly dispelled in a fact sheet, Myths and Facts about Asylum Seekers, produced by the refugee advocacy group, A Just Australia. Here is a summary:
 
Myth 1: The recent increase in boat-borne asylum seekers is a result of reforms to Australia’s asylum policy.

Fact: The number of boat-borne asylum seekers arriving to Australia follows global trends. In the past 2 years there has been a worldwide increase.

This indicates that the increase is not due to receiving countries "going soft" on asylum seekers. It is due to violence in countries like Iraq, Afghanistan, Somalia, Sudan and Sri Lanka.

Some refugees flee as far as Australia because it is the first country they come to that can offer protection. Very few countries between Afghanistan and Australia offer real protection or durable solutions. Most are not signatories to the Refugee Convention.

Myth 2: Harsh policies against asylum seekers will stop people smugglers and unauthorised arrivals.

Fact: Temporary protection visas were part of a harsh policy, but after their introduction in 1999 unauthorised boat arrivals increased. They only decreased in 2003 when global asylum seeker numbers decreased.

It is illogical and unfair to punish refugees and asylum seekers in the hope of deterring people smugglers.

The only way to stop unauthorised boat arrivals is though regional and international co-operation to resolve conflicts and to create durable solutions for refugees so that they no longer need to undertake perilous journeys to find safety.

Myth 3: Refugees who get to Indonesia should stay there and not come to Australia.

Fact: Very few countries between the Middle East and Australia provide real or permanent protection for asylum seekers. Australia represents the first reasonable opportunity to apply for protection.

Indonesia does not offer real protection or durable solutions. Observers have described Indonesian detention centres as "hugely overcrowded" and conditions as "horrendous". On average, the waiting time until a claim is finalised by the UNHCR is 10 years. And even after they are registered, refugees cannot seek employment, send their children to school, apply for family reunion or apply for residency.  

Myth 4: Boat people are "queue jumpers," stealing the places of "genuine" refugees waiting patiently in camps for their turn at orderly processing by the UNHCR.

Fact: A "queue" - where refugees have their names recorded in an organised database and "wait their turn" - is completely untrue.

Many asylum seekers come from countries like Iraq and Afghanistan where there is no UNHCR office and no Australian embassy. In countries with a UNHCR office, a refugee might not physically be able to register because of roadblocks, curfews and travel restrictions. Sometimes, simply expressing a desire to leave is enough to put your life at risk.

Many refugees believe taking refuge in a camp will  not increase their chance of escape or survival. Camp conditions can be as dangerous as the situations from which people have fled. In many countries, Australian officials do not visit refugee camps to see if people need protection.

It is wrong to say that asylum seekers arriving by boat "steal" the places of people who could come via the off-shore Humanitarian program. There is no logical reason to link these two separate pathways.

Myth 5: Getting rid of Temporary Protection Visas (TPVs) sent a "green light" to people smugglers. We should bring back TPVs.

Fact: After the introduction of temporary protection visas in 1999, unauthorised boat arrivals continued to increase.

Former Immigration Minister, Phillip Ruddock, repeatedly claimed that letting children out of detention centres would send a "green light" to people smugglers. In 2005, in response to community concern, the Howard government let the children out. There was no increase in boat numbers.

TPVs caused great hardship including inability to apply for family reunion, to get adequate settlement assistance or achieve the stability and security of permanent protection. Many who drowned in the SIEV X tragedy were the wives and children of TPV holders attempting to reunite their families.

Myth 6: Boat people are not "genuine" refugees because they pay people smugglers.

Fact: Asylum seekers who use people smugglers are mostly desperate people whose options have run out. They see this route as the only way to safety for themselves and their families. Extended families may sell everything and live on tiny incomes for years to send one person to safety.

But you do not have to poor or uneducated to be a refugee. Many people are persecuted because of their educational, professional or political backgrounds. Sometimes even refugees in camps have to pay large bribes to processing officials to have their refugee claims assessed.

Myth 7: People who arrive unauthorised are not "genuine" refugees. They are illegal immigrants.

Fact: Asylum seekers are not illegal immigrants. Under Australian and international law, a person is permitted to enter Australia to seek asylum. A refugee’s claim for asylum has nothing to do with how they arrive in a country.

In order to justify "getting tough" on unauthorised arrivals, some politicians have inaccurately labelled asylum seekers as "illegal" and "not genuine." However 84% of those who arrive unauthorised in Australia seeking asylum are found to be refugees.

Myth 8: If we abolish mandatory detention we will "open the floodgates" and be "swamped" by unauthorised arrivals.

Fact: There is no evidence that mandatory detention deters boat arrivals. Australia has had a mandatory detention policy since 1992 and since then there have been increases in asylum seeker arrivals due to "push" factors in source countries such as Afghanistan.

Mandatory detention is inhumane and in breach of international law as it is arbitrary, non-reviewable and discriminates against people for their mode of arrival regardless of the legitimacy of their claim.

Australia has the right to protect its borders and its security, but it also has the responsibility to uphold its human rights obligations.

Myth 9: Without mandatory detention, boat arrivals are a health risk to the community.

Fact: On average, 1,180 people arrive in Australia every day. Most are tourists and not required to have health checks. Asylum seekers who arrive by plane are not detained and are allowed one to two months to get a health check. The government knows there is minimal risk to the community. There is no reason to treat asylum seekers who arrive by boat any differently.

Myth 10: Refugee advocates want unrestricted entry of refugees, which will allow terrorists into Australia.

Fact: No credible organisation who speaks on behalf of refugees advocates a policy of unrestricted entry.

People who arrive without authorisation have their claims for asylum scrutinised at length. Most are found to be genuine refugees. There is zero evidence that any asylum seekers who have arrived in Australia by boat have connections to terrorism.

Myth 11: Refugees have no right to come here and expect us to help them.

Fact: "Everyone has the right to seek and enjoy in other countries freedom from persecution" - Article 14, Universal Declaration of Human Rights.

Australians are lucky to live in a country where human rights are respected. Others are not so lucky. But they still have the same human rights as we do and they have the right to seek safety in a country that upholds human rights.

Myth 12: Refugees are too “culturally different” to fit in with the Australian way of life.

Fact: That has been said of just about every immigrant minority group since white settlement in Australia began. But Australian multiculturalism is an obvious and demonstrable success. 
Summarised from "Myths and Facts about Asylum Seekers" by the refugee advocacy group, A Just Australia.

***
Some politicians and sectors of the media appear once again to be seeking political and commercial advantage from the desperate plight of people who risk everything including their lives to escape persecution.

The myths need to be replaced by facts and, as so aptly put by A Just Australia, the solution lies in achieving "regional and international co-operation to resolve conflicts and to create durable solutions for refugees so that they no longer need to undertake perilous journeys to find safety."

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