Senate debates

Tuesday, 17 November 2009

Questions without Notice

Asylum Seekers

2:12 pm

Photo of Concetta Fierravanti-WellsConcetta Fierravanti-Wells (NSW, Liberal Party, Shadow Parliamentary Secretary for Immigration and Shadow Parliamentary Secretary Assisting the Leader in the Senate) Share this | | Hansard source

My question is to the Minister for Immigration and Citizenship, Senator Evans. Mr President, yesterday the minister said that ‘there is no special deal’ for the asylum seekers on the Oceanic Viking, yet his department has guaranteed them that ‘a highly professional team of Australian officers will be working with you every day to assist you in the process’. Additionally, they have been promised resettlement within 12 weeks and access to English classes. If this is not a special deal, Minister, then why are these premium services not offered to other asylum seekers who have been waiting for years to be resettled in Australia?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

That sounds very much like the question I got asked yesterday and the first question I got asked today. So I will again try to make it clear to those opposite what has occurred. There is no special deal with those asylum seekers. What we have done is rescue a boat at sea that was in distress. It was in the Indonesian search and rescue zone. We then took them, according to international law, to Indonesia and sought to disembark them there. They sought to have us bring them to Australia and we refused—we took them to Indonesia.

The Indonesian government negotiated with the Australian government a set of arrangements which would allow for the disembarkation of those persons. Those arrangements included that they would disembark in Indonesia, they would be taken into Indonesian detention and there would be arrangements made for their processing. Those processing arrangements were agreed between the Indonesian government and the Australian government. Once agreed, those arrangements were codified in a written document—which we have made public; which there is no secret about—that sets out the procedures for ensuring that those persons are treated properly. They meet the Indonesian needs in terms of handling them in an appropriate way with an appropriate level of efficiency and they meet Australia’s needs in terms of sending the message to them that they are disembarking in Indonesia and that they will be treated properly, in accordance with the UNHCR processes, in Indonesia—the same processes that apply for others. What we have done is agree with the Indonesian government a time frame for processing them. That is part of the arrangements for dealing with this very different case that involved a rescue at sea in the Indonesian search and rescue zone. (Time expired)

Photo of Concetta Fierravanti-WellsConcetta Fierravanti-Wells (NSW, Liberal Party, Shadow Parliamentary Secretary for Immigration and Shadow Parliamentary Secretary Assisting the Leader in the Senate) Share this | | Hansard source

Mr President, I ask a supplementary question. Can the minister tell the Senate whether all asylum seekers wishing to come to Australia are guaranteed resettlement within 12 weeks, as has been guaranteed to those on the Oceanic Viking? If other asylum seekers have not received this guarantee, how can the minister persist in his assertion that there is no special deal?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

We have made it clear that people will be processed in accordance with the document that has been made public and was tabled in the House of Representatives. That sets out the processing arrangements for these persons. People will have their claims for asylum assessed. They may or may not be found to be refugees, may or may not be found to be owed our protection, but those processes will be conducted by the UNHCR in the same way they conduct them in Indonesia now—the same rules, the same processes. Once those decisions have been taken, those found to be owed protection under the UNHCR guidelines will be resettled in accordance with the normal UNHCR processes. They will be referred to resettlement countries, including Australia, and other countries such as Canada, who resettle people out of Indonesia. Those are the arrangements that are in place and they will be pursued in the normal manner.

Photo of Concetta Fierravanti-WellsConcetta Fierravanti-Wells (NSW, Liberal Party, Shadow Parliamentary Secretary for Immigration and Shadow Parliamentary Secretary Assisting the Leader in the Senate) Share this | | Hansard source

Mr President, on a point of order: I have asked the minister this question repeatedly. There are people who have been waiting to be resettled for years. These people are getting a special 12-week deal. Can he answer the question, which is: how can he persist in his assertion that there is not a special deal? Mr President, could you ask him to answer the question?

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

There is no point of order. The minister’s time has expired.

Photo of Concetta Fierravanti-WellsConcetta Fierravanti-Wells (NSW, Liberal Party, Shadow Parliamentary Secretary for Immigration and Shadow Parliamentary Secretary Assisting the Leader in the Senate) Share this | | Hansard source

Mr President, I ask a further supplementary question. Given that those aboard the Oceanic Viking have repeatedly defied the authority of the Australian and Indonesian authorities, does Labor’s decision to now offer those aboard a special deal vindicate their action? Isn’t this decision only going to further encourage the criminal activities of people smugglers in their attempt to hold the Australian government to ransom?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

While it is an emotive question, I will take the senator and the Senate back to the facts. We, at the request of the Indonesians, went out and saved people who were on a boat that was sinking. I do not think anyone has questioned that that was the appropriate thing to do, because the Indonesians said they could not get there quickly. As part of that process, we sought to take them to Indonesia in accordance with international law. They asked to be given asylum and be taken to Christmas Island. That request was refused. We said they would be taken to Indonesia and be processed in Indonesia when they disembarked. So they sought to hold us to their claim to be taken to Australia, which we rejected. They will be processed in Indonesia according to the normal UNHCR guidelines. They will be assessed against those guidelines and, if eligible for resettlement, they will be resettled. (Time expired)