Guest The Pom Queen Posted October 28, 2014 Share Posted October 28, 2014 Scott Morrison ignored his department’s advice that it was illegal for him to refuse permanent visas for boat arrivals found to be refugees, and defied warnings from bureaucrats that the move would be challenged in the high court and he would lose. The minister for immigration personally ordered protection visa numbers be capped for 2014 – to avoid granting permanent protection to any boat arrivals – before his action was ruled unlawful by the full bench of the high court. Overruled by the judiciary, Morrison has since employed a previously unused “national interest” clause in the Migration Act to issue unchallengeable “conclusive certificates” to refuse visas, but this is also being contested in court. Lawyers for the minister are back in court in December. Documents before the high court show Morrison was told on 15 January, in a brief from his department, that his policy objective of never granting permanent protection to boat arrivals could not be achieved “in the medium to long term” but that he could “delay being forced to grant” visas in the short term. The departmental brief is confidential, but sections of it are reproduced in submissions before the high court. The brief gave Morrison five strategies “to delay being forced to grant a permanent protection visa in the absence of a new temporary visa”, but conceded “each of these strategies is likely to be short lived as a consequence of decisions taken in parliament to overturn them or in the courts to invalidate them”. The first strategy was to reintroduce temporary protection visas by regulation. This was done but then disallowed by the Senate. Another of the strategies proposed, and ultimately undertaken by Morrison, was to unilaterally cap the number of permanent protection visas so that no more could be granted to boat arrivals. In June the full bench of the high court unanimously ruled that Morrison “did not have the power … to limit the number of protection visas that may be granted”. The department brief had warned him six months earlier it was illegal, and a court challenge could be “expected to be lodged almost immediately”. But the move would buy Morrison some time, the brief said. “Any decision by the high court that use of the cap was invalid would then be some months away,” it said. The brief even included a flow-chart which indicated how long the obligation to grant visas could be delayed by each strategy. In one synopsis, the department hoped the high court would defy expectations and rule Morrison’s actions were legal: “Possible temporary protection visa disallowance responses; best case scenario – high court may do the unexpected.” The high court case in December concerns a Pakistani boat arrival who has been in immigration detention on Christmas Island since May 2012. He is an ethnic Hazara and a Shia Muslim. Australia has found he is a refugee, with a well-founded fear of persecution by Sunni extremists in his home country. He has passed all security and character checks. It is illegal for Australia to send the man back to Pakistan. Immigration authorities are obliged to grant him a visa, the high court said. The man was initially allowed to apply for a visa, but legislative changes and Morrison’s imposed cap on visa numbers have stalled the process. After the high court ruled the government was “bound to … grant him a protection visa”, Morrison issued a “conclusive certificate” – which cannot be appealed – ruling it was not in the “national interest” for him to have a visa. The man remains in immigration detention. “The issue at the heart of this proceeding is whether the minister may achieve by administrative fiat the outcome presently denied to the minister through the parliament,” Stephen Lloyd, acting for the Pakistani man, told the high court. “The minister seeks to use mechanisms under the Migration Act to attain an unlawful end.” Stephen Donaghue, for the government, told the high court Morrison did have the power to limit the number of visas to be granted, and that the government must keep “unlawful non-citizens” in detention while a visa determination was made. Donaghue told the court there was “no duty” on Morrison to grant a visa to a person found to be a refugee and requiring Australia’s protection. Morrison was able to insist upon additional criteria to be met before granting a visa, he said. Morrison’s office has not yet responded to queries from Guardian Australia. Link to comment Share on other sites More sharing options...
Harpodom Posted October 28, 2014 Share Posted October 28, 2014 What are your thoughts on the above @The Pom Queen? I think its fair to say I've made my feelings clear on all things Morrison Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted October 28, 2014 Share Posted October 28, 2014 What are your thoughts on the above @The Pom Queen? I think its fair to say I've made my feelings clear on all things Morrison I would be here all day and probably get banned if I told you what I thought. All I will say is it is disgusting and I think Morrison should be made to step down (in my opinion of course) Link to comment Share on other sites More sharing options...
Parley Posted October 28, 2014 Share Posted October 28, 2014 I expect he will be arrested soon if he has broken the law. Don't the government make the laws anyway ? Link to comment Share on other sites More sharing options...
noworriesmate Posted October 28, 2014 Share Posted October 28, 2014 I expect he will be arrested soon if he has broken the law. Don't the government make the laws anyway ? He has recently been reported to the international Court of Human rights for his actions - so I am hopeful he may soon face sanctions. NWM Link to comment Share on other sites More sharing options...
Parley Posted October 28, 2014 Share Posted October 28, 2014 Dream on. Link to comment Share on other sites More sharing options...
noworriesmate Posted October 28, 2014 Share Posted October 28, 2014 Dream on. I am - One way or the other he will face consequences - they always do, if not not now, it will come down the line. NWM Link to comment Share on other sites More sharing options...
Guest Ptp113 Posted October 28, 2014 Share Posted October 28, 2014 I am - One way or the other he will face consequences - they always do, if not not now, it will come down the line. NWM He won't. Peter Reith and co did same with Children Overboard and then there was the infamous SIEV-X. Link to comment Share on other sites More sharing options...
Harpodom Posted October 28, 2014 Share Posted October 28, 2014 I am - One way or the other he will face consequences - they always do, if not not now, it will come down the line. NWM Just goes to show the stupidity of such actions really. Short sighted, cruel and stupid. No regard for the long term impact these policies will have, either on the individuals concerned or on Australia's reputation as a civilised country. If Morrison gets his bill through parliament, we ain't seen nothing yet. Scott will be above the law to do as he pleases. Scary stuff. What's more scary is that the only person capable of stopping this bill from becoming legislation is one Clive bloody Palmer: as reliable as a fart in a wind tunnel. Link to comment Share on other sites More sharing options...
Parley Posted October 28, 2014 Share Posted October 28, 2014 I am - One way or the other he will face consequences - they always do, if not not now, it will come down the line. NWM An extra week in purgatory before allowed into heaven ? Link to comment Share on other sites More sharing options...
Guest241083 Posted October 28, 2014 Share Posted October 28, 2014 .......interesting reading..... .......let's just manipulate things to suit personal ajenders...... .......political games.......sounds familiar....! .....Let us call a spade a spade shall we, Scott Morrison? Your edict, Minister for Immigration and Border Protection, that detention staff and members of your department now refer to asylum seekers as "illegal maritime arrivals" is shameless and shameful.It is a brutish manipulation of language to suit your, and your government's, political purposes. This week The Sun-day Age published an email written by a department official to detention centre staff that states: "The department has received correspondence from the minister clarifying his expectations about the department's use of terminology." People who arrived by boat were to be referred to as illegal maritime arrivals. Those held in detention centres were to be known as "detainees", rather than "clients". Read more: http://www.theage.com.au/comment/the-minister-for-debasing-the-language-20131025-2w794.html#ixzz3HPmPW9KO Link to comment Share on other sites More sharing options...
Diane Posted October 28, 2014 Share Posted October 28, 2014 It just gets worse and worse https://newmatilda.com/2014/10/28/teen-asylum-seekers-fear-their-lives-after-weekend-violence-nauru I am so ashamed of the direction this country is heading in at the moment. Link to comment Share on other sites More sharing options...
Parley Posted October 28, 2014 Share Posted October 28, 2014 I thought they were always called illegal arrivals. That is no secret and from day 1 they were always termed as illegal arrivals. Link to comment Share on other sites More sharing options...
Harpodom Posted October 28, 2014 Share Posted October 28, 2014 It just gets worse and worse https://newmatilda.com/2014/10/28/teen-asylum-seekers-fear-their-lives-after-weekend-violence-nauru I am so ashamed of the direction this country is heading in at the moment. Let me guess: Scott Morrison's office was asked to comment. A spokesperson said 'any alleged incidents which may or may not have occurred are a matter for the Nauruan authorities'. She went on to say that 'any allegations made against locals by transferees, who being unaccompanied minors and illegal, are likely to be fabricated, and are almost certainly the result of coaching by 'hand wringing lefty bleeding heart namby pamby boat chasing' staff from UNHCR, NASA, The Dalai Lama, IPCC, UNICEF, Sarah Hanson Young and Save The Children' Link to comment Share on other sites More sharing options...
MARYROSE02 Posted October 28, 2014 Share Posted October 28, 2014 What are your thoughts on the above @The Pom Queen? I think its fair to say I've made my feelings clear on all things Morrison To the extent that you will shop at Tesco, Sainsbury's, Waitrose, and even Walmart, but not The Big M?! There's no point in going over old ground, but in my opinion, we either have a policiy of controlled immigration, or we let anybody who can make it here into the country, no questions asked, not even medical checks. If you believe in the former, then Scott Morrison is the man. If you believe in the latter, then we should accept every boat that makes it here, irrespective of the numbers, because they all deserve to be allowed in. PS I noticed that the ALP has just admitted that the Liberals' 'Stop the Boats' policy is working. Link to comment Share on other sites More sharing options...
Guest241083 Posted October 28, 2014 Share Posted October 28, 2014 ......I do think this paragraph sums up today's politicians.....and policies...! ....Australians like to think of themselves as individuals, independent of spirit and mind. They call a spade a spade because that's what it bloody well is. Yet in the hands of a powerful institution, be it governmental or corporate for that matter, the judgment and inclination of people can be subtly turned. It's never a big thing; an emphasis here, a nuance there. The power of language is thus the language of power. ........quite frightening really....... ........to be led by the manipulation of our language......! Link to comment Share on other sites More sharing options...
MARYROSE02 Posted October 28, 2014 Share Posted October 28, 2014 We all manipulate language. Some people believe that terrorists are actually freedom fighters. Link to comment Share on other sites More sharing options...
Guest241083 Posted October 28, 2014 Share Posted October 28, 2014 We all manipulate language. Some people believe that terrorists are actually freedom fighters. ..........perceptions....! .........but a politician using manipulation to deny asylum is wrong....! .........denying what is a human right .......by deceit....! Link to comment Share on other sites More sharing options...
Parley Posted October 28, 2014 Share Posted October 28, 2014 Where is the deceit Tink ? Haven't we been very clear that no illegal arrivals by boat will be settled in Australia ? It has been said loud and clear. We even advertised full page ads in overseas newspapers. There is no deceit at all. Link to comment Share on other sites More sharing options...
Guest241083 Posted October 28, 2014 Share Posted October 28, 2014 Where is the deceit Tink ? Haven't we been very clear that no illegal arrivals by boat will be settled in Australia ? It has been said loud and clear. We even advertised full page ads in overseas newspapers. There is no deceit at all. .........the deceit is in manipulating the language....! .........changing the terminology.... .........by removing the word .....asylum seeker...... .........it's dehumanising a vulnerable people..... .........so by labelling them.....without a personal reference..... ..........reduces them to little more than an inanimate problem..... ..........DECIETFUL.....!!!!! Link to comment Share on other sites More sharing options...
Parley Posted October 28, 2014 Share Posted October 28, 2014 I think you're clutching at straws a bit to be honest. Link to comment Share on other sites More sharing options...
Guest241083 Posted October 28, 2014 Share Posted October 28, 2014 I think you're clutching at straws a bit to be honest. .......what that a bit of honesty and compassion will finally be shown by those in power to instigate it....? Link to comment Share on other sites More sharing options...
Parley Posted October 28, 2014 Share Posted October 28, 2014 We have been absolutely honest in what we will do. And we have done it. Link to comment Share on other sites More sharing options...
Guest241083 Posted October 28, 2014 Share Posted October 28, 2014 We have been absolutely honest in what we will do.And we have done it. .....apparently that's a matter of how you interpret the English language.....! Link to comment Share on other sites More sharing options...
Guest Posted October 28, 2014 Share Posted October 28, 2014 Is it worth pointing out that there is nothing illegal about claiming asylum? No thought not Link to comment Share on other sites More sharing options...
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