Petro Georgiou's Private Member Bill

The Melbourne Catholic Commission for Justice Development and Peace has for some time been extremely concerned with the plight of those who are held under Australia’s mandatory detention laws while awaiting the processing of their claim for refugee status.

The Commission welcomes the news of Mr Georgiou's intention to introduce two Private Member’s Bills into the Commonwealth Parliament.

We understand the effect of the measures contained within these Bills will be to:

• release asylum seekers who have been detained for more than a year, unless a judge decides that they should continue to be detained because they are dangerous or are likely to abscond;
• release children under 18 and their immediate families from detention immediately pending determination of their applications unless a judicial officer finds that they pose a danger to the public or are likely to abscond;
• grant people who have been found to be bona fide refugees, permanent Australian residency.
• detain only those asylum seekers who don’t have a visa in limited circumstances such as public safety. This detention, we understand is limited to 90 days beyond which the Federal Court will be required to determine the appropriateness of continued detention.

The Commission is cognisant of the harmful effects of long-term-detention on detainees’ mental and physical health. This has been well documented by health experts.

The Commission is also mindful of Australia’s obligations under United Nation’s treaties covering the rights of both asylum seekers and the rights of children. The Commission believes that Australia’s policy of mandatory detention of asylum seekers, particularly in regards to the rights of children, is in direct breach of our legal obligations.

Australia’s policy of mandatory detention also denies the most vulnerable members of the community the dignity, respect and sense of worth that is inherent in each of us, and which forms the basis of our fundamental human rights.

In proposing the introduction of these two Bills to the Commonwealth Parliament, the Commission offers Mr Georgiou its full support and commends him on this courageous and compassionate initiative.

We find nothing in your proposed Bills that will diminish the Prime Minister’s stated goals of providing secure Australian borders.

The Charter of the Melbourne Catholic Commission for Justice Development and Peace, directs us to promote socially just reforms, and to work for the recognition of the rights and dignity of each member of the human race.

Shaun Cannon
Executive Officer

3/6/05