Although the two pregnant refugees involved in a standoff with Australian police this past week have agreed to enter the Darwin detention center, none of the issues they were protesting against have been resolved. While indefinite offshore detention and the quality of life in those detention centers needs to be addressed, the most pressing issue for the two soon-to-be mothers is the citizenship their children will be given a birth. Current Australian policy prevents the children born in Australia to "unauthorized maritime arrivals," non-citizens, or non-permanent residents from getting citizenship until the age of ten and have spent most of their life in Australia.
A recent court case tested this policy. Ferouz Myuddin, an eleven-month old was born in Brisbane after his mother was transferred to an onshore hospital from Nauru. He, like the other babies of asylum seekers in detention, was not given citizenship even though he has a Queensland birth certificate.
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| Ferouz Myuddin and his mother leaving the hospital shortly after his birth. (http://www.theguardian.com/world/2014/jun/16/asylum-seeker-babys-fight-for-refugee-status-goes-to-federal-court) |
The Myuddins are Muslim Rohingyas who fled their home in Myanmar (Burma) because of religious persectution. The Ferouz's parents are also applying for citizenship for their son as a "stateless" migrant since as a Rohingya, he is ineligible for citizenship in their home country.
The Australian government's original ruling that the newborn Ferouz was an "unauthorized maritime arrival" was later supported by a ruling from the federal court. As an unauthorized arrival, Ferouz cannot claim refugee status, and he, along with 100 babies in the same situation, could be sent to Nauru indefinitely. There is also a call to amend Australia's Migration Act wichi would retrospectively declare any baby born of the "boat people" as unauthorized arrivals regardless of their place of birth. Thus prohibiting them from applying for permanent protection visas and requiring that they are sent to offshore holding facilities.
The Australian government's original ruling that the newborn Ferouz was an "unauthorized maritime arrival" was later supported by a ruling from the federal court. As an unauthorized arrival, Ferouz cannot claim refugee status, and he, along with 100 babies in the same situation, could be sent to Nauru indefinitely. There is also a call to amend Australia's Migration Act wichi would retrospectively declare any baby born of the "boat people" as unauthorized arrivals regardless of their place of birth. Thus prohibiting them from applying for permanent protection visas and requiring that they are sent to offshore holding facilities.
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| Children in one of Australia's offshore immigration detention centers. (http://impunitywatch.com/refugee-advocates-concerned-over-australian-plan-for-asylum-seekers/) |
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| Children being held at the Nauru detention center. (http://impunitywatch.com/refugee-advocates-concerned-over-australian-plan-for-asylum-seekers) |
In addition to the its controversial refugee resettlement deal last month with Cambodia, Australia also reintroduced a past immigration policy that gives refugees temporary visas under which they can be sent home if conditions in their home country have begun to improve.
The number maritime arrivals to Australia's Christmas Island increased sharply in 2012 and 2013, and the number of refugee deaths has also increased. The government's effort to stop the boats includes deterrents like tow-backs or sending boats back on their own. These tactics don't seem to have decreased the number of boats appearing in Australian waters, have caused serious concerns for the safety of passengers, and have brought accusations by the UN and other human rights groups that Australia is avoiding international obligations.
A TV report on the Darwin bus standoff this past week
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