Australia's new Minister for Immigration, Chris Evans, told Parliamnent today (18 Feb 2008) that he was uncomfortable with his discretionary powers to grant visas, saying it lacked accoutnability and transparency and he did not wish to "play God" when deciding on whether people need protection. He indicated that Ministerial Reform was necessary and that part of this would be reviewing Complementary Protection decision-making processes.

CWS/NCCA Campaign for Complementary Protection

IN BREIF: Concerned that non-refugees needing Australia’s protection (such as those fearing torture or stateless people) are being unnecessarily detained or forced to live in the streets (by being denied work permits and income support) while waiting for decisions under an antiquated and lengthy method of processing their claims, CWS has championed a reform agenda. Currently, non-refugee CP claimants must apply as a refugee (get knocked back) and then appeal (and get knocked back) before they can apply to the Minister on the appropriate CP grounds. Meanwhile, some wait up to 10 years for a final decision, wasting millions of tax-payer dollars on unnecessary processing and detention costs. Under the CWS-developed alternate model, CP claimants would be processed immediately by the Department along with refugee claims (instead of years later by the Minister), significantly reducing detention times and costs, and for those living in the community, years of uncertainty, forced destitution and reliance on churches and charity for food and shelter. CWS has been actively encouraging community and church groups to take up the issue, while lobbying high-level Departmental staff, the Minister and opposition groups.

Currently, all protection visa applicants with grounds for complementary protection (as opposed to refugee protection) must first apply as a refugee to the Department of Immigration, and be refused, and then appeal to the Refugee Review Tribunal, and be refused, before they can appeal to the Minister for Immigration on the relevant complementary protection grounds.

• For those in detention with grounds for complementary protection, this effectively prolongs their detention as they must first be considered under irrelevant refugee criteria by the Department and the RRT before being able appeal under relevant complementary protection grounds to the Minister.
• For asylum seekers in the community without income support or work rights this prolongs their hardship and isolation.