Sydney
27 April 2003
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Tears as Canadians part with the World Youth Day cross
3 million live in poverty: Vinnies
At lunch with theWiggles
Two Australians in planning for Cologne youth day
Prelates and priests bid Fr Les farewell
Govt urged to act on reconciliation
Warsaw Ghetto uprising will underscore Holocaust service
Govt can’t put failed asylum seekers away
Why John looked ‘to join Catholic faith’
Women’s groups and religious join forces in peace move
Project Rachel - healing retreat or ‘just someone to talk to’
Editorial: Vanishing dream
Letters: Pack your bags
Conversation: Allan McFadden, actor, musician, composer, teacher - ‘Cheap guitar’ led to a life of theatre, music
Voice of Youth: Tolerant? Why not try forgiveness?
Book honours ‘sons’ of Pius X
Fr Michael’s life of friendship, respect
LaSalle College to open its doors to girls
Relationships at heart of religion and humanity, graduates told
‘Space for prayer’ in the heart of the city
Govt can’t put failed asylum seekers away
By Chris Lindsay
Catholic Church social policy groups have welcomed a Federal Court ruling that the Federal Government has no right to lock up - potentially for the rest of their lives - failed asylum seekers who cannot find a third country to go to.
Lawyer Fr Frank Brennan, from the Uniya Jesuit Social Justice Centre, says the decision reaffirms the centuries-old tradition of habeas corpus.
The Immigration Minister Philip Ruddock and his department “are now rendered more accountable to the courts for the protracted detention of people”, Fr Brennan said.
The Federal Court ruling referred to a Palestinian asylum seeker, Akram al Masri, whose claim for asylum was refused last year.
He asked to go home, but was refused passage by Egypt, Jordan, Syria and Israel.
The Government’s response was to claim it had the right to lock him up until a destination for him could be found - theoretically for the rest of his life.
He sued the Government for release and won. The Government appealed to the Full Bench of the Federal Court.
Al Masri has since gone back to Gaza but his case has continued as a matter of principle.
Fr Brennan says the court decision will now apply to 10 to 15 asylum seekers whose situation is similar to Al Masri’s.
“The ruling means the Government can’t just lock them up for as long as it likes,” he said. “They have got to be able to go to the courts.”
The Catholic Australian Political Ministry Network (PolMin), has called on Federal Parliament to amend the Migration Act 1958 because now “there is no policy to cater for asylum seekers who cannot be deported to their country of origin or to another country”.
Co-ordinator James McGillicuddy says PolMin has developed a policy that would address the problems created by the court judgment.
It entails the release of a stateless asylum seeker into the care of a community guardian, a person or a group (such as a religious congregation or community) accredited by the Department of Immigration and Multicultural and Indigenous Affairs.
The guardian, with assistance from the department, would be responsible for the health, religious, social, and financial needs of the asylum seeker and would also be required to make asylum seekers available to the department if and when a new country was prepared to receive them.
The Government is expected to appeal against the Federal Court decision before the High Court.