When questioned about the possibility of establishing a system of complementary protection that would provide a separate visa category for those who require protection but do not fit the criteria for refugee status, Senator Evans stated that he is addressing this possibility, and is “favourably disposed” to looking at how such an agenda might be advanced.
Concerning future processing of asylum applicants on Christmas Island, the Senator refused to rule out the possibility of third country resettlement of applicants to whom it is determined Australia has a protection obligation. DIAC Secretary Andrew Metcalf did, however, make it clear that “resettlement of people in other places is extremely unlikely”.
The Minister stated that the islands excised from the migration zone under the Howard government’s so called ‘Pacific Solution’ would remain excised, meaning that people who arrive on those islands without a visa will continue to be prohibited from making certain applications under the Migration Act, particularly for a protection visa, unless the Minister exercises a non-compellable, non-delegable power to allow that application to occur.
Senator Evans also confirmed that the Government is considering plans to abolish the present “45-day rule” for bridging visas, which denies work rights and access to Medicare to those seeking asylum if they fail to lodge their asylum applications within 45 days of arriving in Australia. Amnesty International welcomes this consideration.
Regarding the current state of Villawood Immigration Detention Centre (VIDC), the Minister stated categorically that Stage One of this facility is “totally unacceptable”, and that “the idea of the redevelopment of the site is probably the most plausible one”; he also expressed a desire for “more transparency and openness” about the workings of the detention centres, and that he is “keen for people to understand how it (VIDC) operates”.
However, Senator Evans was adamant that the Government has no plans to abolish the policy of mandatory detention of asylum seekers who arrive in Australia without proper documentation – this policy continues the previous Government’s violation of international law, which states that detention is only permissible “where necessary to verify the detainee’s identity, to determine the elements on which the claim to refugee status or asylum is based, to deal with people who have destroyed their documents to mislead the authorities, or to protect national security or public order” (HREOC, 1998).
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