The Tamil refugee who successfully challenged the government in the recent High Court case over ASIO security assessments is on his third day of a hunger strike in the Melbourne Immigration Transit Accommodation detention centre.
He is protesting against the lack of progress since the positive High Court ruling on 5 October.
Despite the High Court finding that it was unlawful for the government to deny to grant a protection visa on the basis of a negative ASIO assessment, there has been no progress in the processing of their protection visas and all ASIO negative refugees remain in detention.
In the ruling on 5 October the High Court found that the government could not refuse to process a protection visa because of an adverse ASIO security assessment. However, the High Court did not rule on the question of their indefinite detention. It only said that their detention was lawful as long as the government was processing their visa application.
Shortly after the High Court decision, the government announced that it would implement a process that would allow a limited review of ASIO security assessments. But under the review process, the retired judge can only make recommendations; ASIO retains the final say, and the refugees themselves will not necessarily get to know the basis of the ASIO assessments.
Despite the success in the High Court and the announcement of the review process, all the ASIO negative refugees remain in detention with no idea of when their detention will end.
The Minister has always had the power to issue visas to allow them to live in the community, but has so far refused to exercise his powers to rectify the situation.
There are around 55 refugees and their families affected by negative ASIO assessments.
“The High Court ruling was only a small step forward. Refugees still do not have the same rights as Australian citizens to challenge negative ASIO assessments. The government is even stalling in granting them a protection visa,” said Ian Rintoul, from the Refugee Action Coalition.
“The High Court has left them in a limbo that only the Minister can fix. These refugees and their families should not be in detention. The present situation defies any logic or natural justice. It is time they were released.”
For more information contact Ian Rintoul 0417 275 713
