As it happened: Panel releases asylum policy findings

Updated

An expert panel headed up by former Defence Force Chief Angus Houston has released its findings on asylum seeker policy.

The report recommends offshore processing but also says Australia's refugee intake should be increased to dissuade asylum seekers from making the dangerous voyage from Indonesia.

Expert panel: the key points Establish offshore processing facilities in Nauru and PNG as part of a "comprehensive regional network".

Pursue talks on the Malaysian solution but seek more reassurances about the treatment of people who are sent there.

Increase co-operation with Indonesia on joint surveillance, law enforcement, and search and rescue.

Increase Australia's humanitarian intake from 13,000 to 20,000 places a year, rising to 27,000 within five years.

Those who arrive by boat should not be eligible to sponsor family members to join them.

Consider turning back boats in the future but only if operational, safety and legal conditions are met.

Future policy should be driven by a "sense of humanity as well as fairness".

Prime Minister Julia Gillard says the Government has given in-principle support for all recommendations, and is seeking amendments through Parliament by the end of the sitting week.

Look back at the recommendations of the report, and reaction to its release, as it happened:

7:27: Papua New Guinea's government has confirmed it's willing to host a processing centre for asylum seekers who try to reach Australia by boat.

6:59: ABC journalist George Roberts says a high-ranking Indonesian official, who doesn't wish to be named, says he hopes Australia doesn't try to turn boats back to Indonesia.

6:00: Political commentator Mungo Maccallum says Julia Gillard is spoiling for a fight in an article on The Drum, while Amnesty International national refugee coordinator Graham Thom gives his views on the Houston report.

5:07: Take a look at Julia Gillard's address to reporters, where she announces the Government's in-principle support of the recommendations:

5:00: Tonight on The Drum, the panel is set to discuss the asylum seeker recommendations. Tune in at 6pm AEST on ABC News24.

4:56: Ms Gillard says "Angus Houston and his team make it very clear that this is an integrated package", and the Government has adopted that view in wanting to implement the panel's recommendations without removing elements.

4:51: Is this a compromise for the Federal Government? "Dead right," Ms Gillard tells reporters.

4:49: Chris Bowen say the Government will still have its eye on the Malaysia solution, saying the panel "used the words 'it's too important to discard' and obviously I welcome that." Mr Bowen says "from this point forward" any asylum seeker arriving in Australia runs the risk of being processed at an offshore detention centre.

4:43: Julia Gillard: "We could be in a position in a number of days" to have processing that Houston and fellow members recommend. Ms Gillard also says the Government will pursue further talks with Malaysia. On PNG, Nauru amendments, Ms Gillard says: "If the opposition cooperate I want these amendments through parliament by the end of the sitting week."

4:42: Chris Bowen says "we need to have a hard head and soft heart".

4:40: Immigration Minister Chris Bowen says those arriving in boat should not be advantaged over thousands seeking resettlement by other means (i.e. by air).

"We've seen the impact it can have when the parliament takes action." Says the parliament has "one last opportunity to embrace a common-sense solution the Australian public are demanding."

Mr Bowen says "there are some details to be worked through" but the Government will accept the panel's recommendation to increase the refugee intake to 20,000.

4:37: Julia Gillard says she is prepared to further compromise in order to "get things done". "I am keenly aware that this report is calling on parliament to compromise," she added. "I am not going to play politics when too many lives have been lost."

4:36: PM Julia Gillard addresses the media, saying she won't be claiming any wins with the report recommendations. She says the Government will endorse all of the recommendations of the report:

"In the coming weeks and months, we will be working through those recommendations and dealing with the implementation of them," she said.

4:17: Meanwhile, the government in Nauru says it hasn't been consulted by the Australian expert panel on asylum seekers. The ABC's Campbell Cooney reports that its government has told the ABC no-one from the panel visited the island nation, or formally approached them, asking for information.

4:12: PM Julia Gillard to hold presser about 4:30pm AEST. Stay tuned....

4:08: More details made clear on the Federal Government's response to the report, via the ABC's @latikambourke:

"Caucus has a) backed the Houston proposals in-principle, b) resolves to adopt the principles. c) resolved to legislate immediately.#asylum."

She also tweets: "PM fully advocated the Houston proposals to caucus. Source tells me Doug Cameron tried to argue against but his proposal failed on voices."

4:01: The ABC's @latikambourke tweets that the Labor caucus has backed the proposals. We will keep you updated as more comes in...

3:59: Amnesty International's refugee spokesman, Dr Graham Thom, has released a statement saying the organisation is appalled by the recommendations:

"Sending asylum seekers to places like Malaysia, Nauru and Papua New Guinea is unacceptable and a complete outsourcing of Australia's human rights obligations.

"It is shocking to see the panel favour punitive measures that deliberately hold vulnerable people hostage, separate families and leave them in limbo."

3:56: Independent MP Tony Windsor tells the ABC's News24 the pressure is on both the Opposition and Government, and whether they are interested in solving the deadlock:

"I encourage people to have a look at the linkages [in the report] rather than the few buzz words. They're still there, but there's a lot more detail to this proposal."

3:53: Rachel Ball from the Human Rights Law Centre says the recommendations are a violation of Australia's international legal obligations:

"The deterrence policies are unnecessary. Policies such as offshore processing, the Malaysia solution, withdrawing family reunion rights and boat turnbacks are cruel responses to the desperation of asylum seekers who make the boat journey to Australia," she said in a statement.

"These policies are also unnecessary, given that the greatest disincentive to making the boat journey to Australia - the risk of death at sea - already exists."

3:45: Human rights lawyer David Manne told Sky News the recommendations would violate Australia's legal commitments to refugees:

"The fact is, as the High Court ruled, we have legal commitments to ensure that people who are in danger and come seeking our help are protected here and not sent to situations where there are inadequate protections or safeguards. All we would be doing if we pursue offshore processing in this way is sweeping the dangers from our doorstep to dangers elsewhere, it won't essentially provide a proper plan of action."

3:22: Take a look back at Opposition immigration spokesman Scott Morrison's reaction the report:

3:07: Chief political correspondent Lyndal Curtis tells News24 that the report is a "mixed bag".

"It suggests a move pretty quickly to offshore processing... and then effectively a re-negotiation of the agreement." She says there is no suggestion yet it will be adopted in its entirety by all sides of parliament.

2:59: You can vote here on whether you support the report's recommendations.

2:49: Is the Government going to back the recommendations? @latikambourke tweets: Several Govt sources tell me they're confident caucus will back the Houston proposals.

2:43: Take a look at where the major players stand since the report's release:

Key reactions to the recommendations: The Opposition says the panel has backed the Coalition's position on asylum seekers, with immigration spokesman Scott Morrison saying it has red-lighted the Malaysia deal and green-lighted offshore processing on Nauru.

The Greens have condemned the report, saying many of its recommendations are cruel.

Refugee advocates, including the Asylum Seeker Resource Centre, have also condemned the recommendations.

Federal independent MP Rob Oakeshott says at first glance, he favours the report

The Federal Government is yet to respond to the report.

2:23pm: Latika Bourke tweets that Labor Caucus is considering the report now.

2:12pm: Morrison: "What people want to know is that if the panel has said get on with Nauru, then the Government should get on with Nauru." Repeats the "green light/red light" line, then ends the press conference to head into a meeting. He says the Coalition's stance has been backed by the report - the ball's now in the Government's court. "The deterrent policies that we have long advocated have been endorsed today."

2:07pm: Back to Oakeshott for a bit. The report has recommended that Parliament should pass laws to allow asylum seekers to be sent to regional processing - and then handle the question of which countries they go to separately, under what is known in legislative circles as a "disallowable instrument."

In short, approve the principle of offshore processing first, sort out the details later.

"It's a neat play of making that question separate of the location questions of Nauru, Papua New Guinea, Malaysia or any other options. It's really going back to that first principle - do we or don't we support offshore processing?" Oakeshott said.

"In that context, with the regional framework in mind, I think it's a sensible recommendation.

"That's the test for the Parliament this week. If we can get over that hurdle, then it gets down to legislative instruments and disallowable instruments.

"I think it's only been used a couple of times in the last 10 or 20 years. That's a clever recommendation of separating those two and zoning in on the question of offshore processing, do we allow it as a question?"

2:06pm: Morrison: "In terms of Nauru, the Prime Minister can now finally listen to someone who has told her to pick up the phone to Nauru and get it done."

2:03pm: Scott Morrison is up: "The panel has green-lighted Nauru and they have red-lighted Malaysia in its current form" and "endorsed the spirit of temporary protection visas".

1:53pm: Greens leader Christine Milne says the Greens won't be party to something that is cruel to people and "sets up a chain of detention centres right across the Pacific."

Her colleague Sarah Hanson-Young says the proposed family reunion changes will unfairly hurt unaccompanied minors who will suffer "years and years of torment locked up on a remote island only to finally be found to be genuine refugees".

This is about "the harsh, the cruel, the mean policies of the Howard government," she says.

But the Greens say they back the plan to increase Australia's refugee intake.

1:48pm: Independent MP Rob Oakeshott is on News 24 now: He says the report's emphasis on a regional policy framework is "sensible".

"The threshold question now for the legislative process more than likely starting in the next couple of days is do we, as a Parliament, support offshore processing and encourage bilateral agreements [with] other countries?"

1:41pm: Panel member Michael L'Estrange: "We have called this as we have seen it and on the basis of circumstances that exist, not as they used to. What has changed is that more than 600 people have died trying to seek asylum by boat."

Panel member Paris Aristotle: "If you just decided to go with Nauru and Manus [Island, PNG] and drop the increase [in humanitarian program] it won't work."

1:37pm: Here's the video of Angus Houston releasing the report.

Sorry, this video has expired Video: Angus Houston releases asylum policy report (ABC News)

1:32pm: Read the report in full here:





1:23pm: Read the report's recommendations here:

1:10pm: Houston says the aim is to convince asylum seekers to use the official channels for seeking refugee status in Australia, rather than risking the boat trip:

"The panel believes that a substantially increased and more regionally focused humanitarian program would give greater confidence to asylum seekers in the region that regular migration pathways provide a better alternative to dangerous boat voyages."

1:07pm: While we wait for the politicians to react, here's a brief summary of the panel's recommendations:

Establish offshore processing facilities in Nauru and PNG as part of a "comprehensive regional network".

Pursue talks on the Malaysian solution but seek more reassurances from Malaysia about the treatment of people who are sent there.

Increase Australia's humanitarian intake but toughen up the rules which allow asylum seekers to bring their families to join them in Australia.

Consider turning back boats in the future but only if operational, safety and legal conditions are met.

1:01pm: Houston says the proposals will cost $1b per year and will cause the number of boats arriving in Australia to "diminish substantially".

12:59pm: Houston says Australia should "immediately pursue amendments to the arrangement it negotiated with Malaysia in 2011. Those arrangements should include, in particular, strengthening the protections and accountabilities which are relevant to the transfer of a number of irregular maritime arrivals from Australia to Malaysia."

He also says the panel believes the Coalition's preferred option of turning some asylum boats back has merit:

"In the panel's view, turning back irregular maritime vessels carrying asylum seekers to Australia can be operationally achieved and can constitute an effective disincentive to such ventures, but only in circumstances where a range of operational, safety of life, diplomatic and legal conditions are met. "Currently the panel does not believe those conditions exist, although they could in the future, particularly if appropriate regional and bilateral arrangements are in place."

12:56pm: Nauru and PNG confirmed by Houston:

"The panel recommends that Australia move immediately to establish capacities in Nauru and Papua New Guinea in coordination with those respective governments. "Asylum seekers who have their claims processed outside of Australia would be provided with protection and welfare arrangements consistent with the responsibilities under international law and the domestic laws of Australia and the host country."

12:53pm: Here's the meat of it from Angus Houston:

"Over time, a comprehensive regional framework will reduce the lure of irregular maritime migration but until then, the panel believes Australia needs to include the prospect of processing options outside of Australia. "To support this, it is the panel's view that the Australian Parliament should agree, as a matter of urgency, to legislation that will allow for the processing of irregular maritime arrivals in locations outside Australia."

12:51pm: Houston says the panel believes the family migration program should be increased by 4,000 places: but those who arrive by "irregular maritime means" should not be eligible to sponsor family members to join them in Australia.

12:48pm: Houston says there should be no differentiation between people who arrive by boat and those who arrive by air.

Says the panel wants "circuit breakers" to "achieve the necessary shift in the balance of risk and incentive".

Says Australia's humanitarian program should be increased from 13,000 to 20,000 places a year, and up to 27,000 within five years.

12:46pm: Angus Houston is speaking now. He says the panel learned this morning that "another 67 asylum seekers are believed to be missing."

12:43pm: The report summary says its recommendations are "hard-headed but not hard-hearted".

12:38pm: Details of the recommendations coming in now: It recommends that a capacity be established in Nauru "as soon as practical."

It also recommends that a capacity be established in PNG as soon as possible to process claims.

And that the panel also recommends that the arrangement between Australia and Malaysia be built on further, rather than being discarded or neglected.

12:37pm: Rob Oakeshott has seen the report. "Briefing with former CDF complete. Good strategy proposed. Time to get on with it, and for the Parliament to pass appropriate legislation," he tweets.

12:28pm: And while we're trading links, here's the Expert Panel's website.

12:25pm: Here's the letter in full. "'We feel the political rhetoric and the negative portrayal of Malaysia will undermine political aspects of our relationship," the Malaysian HC writes.

12:24pm: In a letter obtained by the ABC, Malaysia's High Commissioner to Australia says there's been 'widespread mischaracterisation' of Malaysia's record," Latika Bourke tweets. More on her Twitter feed.

12.16pm: Anthony Albanese has called for all sides to compromise on the issue. Reporter Latika Bourke has been tweeting his comments:

Cabinet Minister Anthony Albanese 'It is time for [the Greens] to put aside their ideological blinkers.' #asylum Anthony Albanese 'we've all had to compromise in the face of what is occurring.' #asylum Anthony Albanese 'but it's very clear that we do need a policy that works. It's clear that we need to listen to the experts.'

12.07pm: The Coalition claims re-opening a processing centre on Nauru will quickly solve the issue.

But Professor Mary Crock, an expert on refugee and migration law from the University of Sydney, says that is not the case:

In fact I think that one of the reasons why they don't want the Government necessarily to adopt all of their policies is that they'll be shown up as being a hollow claim. The tragedy for me I think is that we are just riding roughshod over our international legal obligations and we're making a right mountain out of a molehill.

At any rate Nauru's government is also keenly waiting for the report, though a spokesman says it it has not been contacted by the panel.

If the report does call for offshore processing at Nauru, it is tipped to take at least three months to build a facility.

12.03pm: Ahead of the report's release, take a look at where political parties currently stand on asylum seeker policy:

Asylum seeker deadlock Government Wants to change Immigration Act to allow offshore processing.

Has offered to re-open Nauru as part of a regional solution centred on Malaysia. Opposition Wants to reinstate policy of turning back asylum seeker boats.

Will vote against the Government's policy of changing the laws to allow offshore processing.

Wants offshore processing to only be done in countries that are signatories to the UN Refugee Convention. Greens Refuse to support any form of offshore processing

12.02pm: Although it hasn't been released yet the report has dominated the political debate this morning, with Federal Government ministers saying it must prompt action when Parliament resumes sitting tomorrow.

Immigration Minister Chris Bowen has suggested the Government will move quickly to respond when the report is in:

Sorry, this video has expired Video: Immigration Minister Chris Bowen on Sunday's Insiders (Insiders)

Speaking on Radio National this morning, Opposition Immigration spokesman Scott Morrison repeated his calls for boats to be turned back if the circumstances allow it:

Sorry, this video has expired Video: Scott Morrison on Radio National (ABC News)

The Greens, meanwhile, are sticking firm to their opposition to any form of offshore processing:

12.00pm: The report will be released in around half an hour.

Also on the panel, which was formed by Prime Minister Julia Gillard in June, are refugee advocate Paris Aristotle, and the former head of the Department of Foreign Affairs and Trade, Michael L'Estrange.

Topics: refugees, immigration, community-and-society, government-and-politics, federal-government, australia

First posted