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‘We must not forget’: Refugee resettlement reminder of ‘cruel’ detention policy

Although the announcement that New Zealand will resettle 450 refugees over three years was welcomed by legal groups, they warned against overlooking the physical and mental harm caused by the Australian government to those who will benefit from this new agreement and the many more who will remain detained.

user iconNaomi Neilson 28 March 2022 Big Law
‘We must not forget’: Refugee resettlement reminder of ‘cruel’ detention policy
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Nine years after it was first made, the federal government finalised the deal with their New Zealand counterparts to resettle 150 refugees in Australia’s offshore detention system per year for three years. The Coalition has been hesitant over concerns that refugees will try and travel back to Australia to settle here permanently.

When making the announcement, Home Affairs Minister Karen Andrews stressed Australia would “remain firm” on its stance to refugees and asylum seekers: “Illegal maritime arrivals will not settle here permanently. Anyone who attempts to breach Australia’s borders will be turned back or sent to Nauru’s [detention centre].”

Commenting on the new agreement, Australian Lawyers Alliance (ALA) national spokesperson Greg Barns SC said that the “dangerous and damaging treatment” of refugees and asylum seekers since the deal was first proposed has resulted in “tragic and sustained harm” to the many people held within the detention system.

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“The government’s refusal to accept this offer almost a decade ago has resulted in enormous physical and mental harm to thousands of refugees and asylum seekers stuck in Australia’s cruel detention regime,” Mr Barns said in a statement.

He added that in the years since the deal was announced, the Commonwealth has paid out more than $150 million to settle compensation claims for physical and mental harm, including $70 million awarded to nearly 2,000 refugees as part of the Manus Island class action. This harm, ALA said, is “unconscionable”.

Along with ALA, the Human Rights Law Centre (HRLC) said that there are still over 100 detainees on Nauru and 1,100 in the Australian community. The announcement does not include details for those on Manus Island and those who remain in Papua New Guinea, or those who are still impacted by Australia’s offshore processing policy.

HRLC senior lawyer Scott Cosgriff said that while the news about the resettlement is positive, “we must not forget” that the Australian government condemned people to years of unnecessary danger and uncertainty while it weighed up the deal.

“This agreement will transform the lives of hundreds of refugees who fled persecution only to lose the best part of a decade of their lives to this cruel policy. But the announcement also leaves hundreds behind,” Mr Cosgriff said.

“The Morrison government must move fast to ensure that each and every person still in limbo can rebuild their lives. New Zealand is now offering what the Morrison Government has cruelly denied: freedom, safety and certainty for the future.”

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