Responding to Immigration Minister Vanstone's announcement that some detainees may be released, James Thomson, refugee spokesperson for the National Council of Churches in Australia said it fell well short of expectations.

 

"The devil is in the detail of Cabinet's detention decision."

 

"While we are happy that some of Australia's longest serving detainees may finally be released, the announcement fails to give these people a future, some of whom are stateless and literally have no country willing to accept them."

 

"It does not create any limit to detention let alone the three-year limit proposed."

 

"It does not provide legal protection for stateless people, which under international law should be granted permanent residence, but under Australian law are subject to indefinite detention unless the Minister grants a visa. The Minister's powers are non-appealable and non-compellable and there is no public accountability or transparency regarding decision-making."

 

"Nor does it create any clarity as to whom exactly will qualify for release. It may only be a minority of high profile stateless detainees, such as Peter Qasim, who has been detained for nearly seven years. It is the Minister herself that must be satisfied that everything possible has been done to remove the person before they may qualify for release. 

 

"Those released have no access to permanent visas so will still live in fear of being returned."

 

"They will have no family reunion or right to re-enter Australia if they leave so will have to give up any hope of protection in Australia if they want to see their family members."

 

"Last, but not least, Australia's system of mandatory, indefinite and non-reviewable detention remains in place awaiting more entrants."

 

"On the positive side, at least some of Australia's longest serving, and most scarred, detainees will not just be dumped in the community on release, but they will have access to essential services such as trauma and torture counselling, accommodation etc."

 

 

Much has been made of Cabinet's debate over long-term detainees. The result, however, is more uncertainty, not less. The announced Removal Pending Visa (RPV) does provide access to basic services and work rights for those released. However, to qualify for an RPV and release the Minister must first be satisfied that every effort has been made to deport the person. Moreover, to qualify for release, they must also forego their right to any court appeal or wait out the current Federal Court backlog to have their day in court.   

 

So what is new? Beyond the new visa name, very little, as the Minister already has the power to release people by issuing visas with a variety of conditions. It certainly raises hopes. But while the changes may enable some detainees to live in the community, it does not give them a future.

 

For those fearing going home, their fears are confirmed. For stateless detainees who have no country willing to accept them, such as Palestinians that Israel refuses to accept, they may be released, but they are condemned to a life in limbo until they can be deported.

 

So what does the new "no hope" visa do? It pressures detainees to drop their court appeals against the government and/or their appeals to the Minister to qualify for release. It gets liberal backbenchers campaigning for reform off Howard's back. It tells so-called Liberal-voting "doctors' wives" concerned about indefinite detention that the Government is doing 'something'. Most importantly, by avoiding removing Australia's mandatory, indefinite and non-reviewable detention laws - the real problem - it eases fears that the Government is going soft on border protection.

 

For those who are released, life on an RPV will not be rosy. After three to six years in detention, most are shells of their former selves. No doubt they will be relieved to get out, but the reality of an uncertain future on a Removal Pending Visa will soon hit them. Without the certainty of a permanent visa, many will live in fear of being returned.

For those without any country willing to accept them, the only certainty is that Australia does not want them. 

 

While they have access to trauma and torture counselling, work rights, accommodation and income support, they will not have access to family reunion and the right to re-enter if they leave Australia. So they will have to give up any hope of protection in Australia if they want to see their family members.

 

Nothing has been said about the 81 children still in detention in Australia and on Nauru. Nor does it clarify how many of the 350 people that failed to meet Australia's strict refugee definition will qualify for release, as it is the Minister herself, who must be satisfied that everything possible has been done to remove the person before they may qualify for release. The Minister has already stated that despite six years in detention, high profile stateless detainee Peter Qasim will not be released due to "lack of cooperation". His future, indefinite detention.

 

Importantly, it does not provide legal protection for stateless people, who under international law should be granted permanent residence, but under Australian law are subject to indefinite detention unless the Minister grants a visa. Here, the Minister's powers are non-appealable and non-compellable and there is no public accountability or transparency regarding Ministerial decision-making.