Modern Australian
Men's Weekly

.

There's no airport border 'crisis', only management failure of the Home Affairs department

  • Written by Regina Jefferies, Affiliate, Andrew and Renata Kaldor Centre for International Refugee Law, UNSW

In the past five years, more than 95,000 people who arrived by plane have lodged a claim for asylum in Australia, new statistics show.

Labor’s Immigration Spokesperson, Senator Kristina Keneally, has labelled this a “crisis”, stating:

Peter Dutton’s incompetence and recklessness has allowed people smugglers to run riot and traffic record-breaking numbers of people by aeroplane to Australia.

But the “crisis” is not that visa-holding travellers are flying to Australia, then later lodging a claim for asylum. It’s not unprecedented for tourists or students to later lodge a claim for asylum due to circumstances beyond their control.

Read more: Peter Dutton is whipping up fear on the medevac law, but it defies logic and compassion

In 1989, for example, after events in Tiananmen Square, Australia provided refuge to thousands of Chinese students who had entered Australia with visas.

Instead, the “crisis” is the Australian government’s failure to properly manage the refugee-processing system. It gutted the ranks of experienced decision-makers and made organisational changes that undermine the quality of decisions, contributing to long processing delays and backlogs.

These organisational failures may have contributed to the increase in asylum applications over the last five years.

High staff turn-over

Protection visa decisions are highly complex. They must examine a variety of factors, including country-specific conditions and individual circumstances.

Yet, as the Australian National Audit Office noted in 2018, the Home Affairs department experienced a significant loss of “corporate memory” due to staff turn-over, “with almost half of SES officers present in July 2015 no longer in the department at July 2017”.

In a Senate Estimates hearing last year, Home Affairs officials said the average processing time for permanent protection visas, from lodgement to primary decision (not including appeals), was 257 days, or 8.5 months.

There's no airport border 'crisis', only management failure of the Home Affairs department Senator Kristina Keneally blasted Peter Dutton for allowing record numbers of asylum seekers to arrive by plane. AAP/James Ross

And the department’s training deficiencies are well-documented. The most recent Australian Public Service Employee Census put the department’s organisational management problems into stark relief: only 35% of employees said the department inspired them to do their best work, while two-thirds of respondents said they did not consider department senior executives to be of “high quality”.

These publicised problems raise important questions about the quality of decision-making at the primary level.

Stacking the AAT with political allies

Poor decision-making at the primary level can lead to higher numbers of appeals. So it’s perhaps unsurprising that appeals to the Administrative Appeals Tribunal (AAT) from people who arrived by plane are also experiencing significant blowouts.

The number of active refugee cases to the AAT has ballooned from 8,370 two years ago, to 23,063 in 2019.

Read more: Cruel, and no deterrent: why Australia's policy on asylum seekers must change

This results in a backlog. In 2017, the tribunal made 5,153 decisions on refugee claims, and this year only 815 refugee claims have been concluded.

In part, these worrying figures are due to the federal government appointing people with Liberal Party ties to the AAT over the last couple of years.

The Attorney-General recognised these problems in the 2019 Report on the Statutory Review of the Tribunal, which pointed to “competencies of members” as a key contributor to complications in the operation of the tribunal.

Stacking the AAT with political allies, many of whom are not lawyers and who are not appointed on merit, has removed independent expertise from the tribunal, risking errors and further delays.

Read more: How the Biloela Tamil family deportation case highlights the failures of our refugee system

And with more errors come further appeals in the courts. This not only places a heavy burden on the resources of the Federal Circuit Court and Federal Court, but also leads to more delays and backlogs in the AAT, where the court sends matters which were unlawfully decided for re-determination.

Address organisational failures

The solution is in proper organisational management. Instead of blaming refugees for fleeing persecution by safe means, the government must address the failures of its refugee processing system.

To this end, an urgent review of the Department of Home Affairs policies and organisational failures is needed. A review could find out whether there’s a management culture stopping Home Affairs from attracting and retaining staff who can make reasoned and well-supported decisions in an environment they can be proud of.

Read more: 'Stop playing politics': refugees stuck in Indonesia rally against UNHCR for chronic waiting

Similarly, there must be a transparent and independent system for appointing AAT members that prioritises skills and experience over politics – exactly what was recommended by the Attorney-General’s recent review.

If people seeking asylum can have their claims assessed quickly and fairly, then those who are not refugees can be sent home, while those needing safety could receive it.

Without the chance to remain in Australia for years while their claims are assessed, there would be no loophole for traffickers and others to exploit.

In turn, the number of non-genuine claims will go down, allowing decision-makers to focus on those who are actually fearing persecution.

Read more: Yes, Peter Dutton has a lot of power, but a strong Home Affairs is actually a good thing for Australia

We should be supporting refugees to access safety by air. If people fleeing persecution can access a flight to Australia, they won’t risk a dangerous journey by boat to find safety.

This is not an airport border “crisis”, it’s a management failure that can be fixed with more staffing, better resourcing, and transparent and meritorious appointments of decision makers.

Authors: Regina Jefferies, Affiliate, Andrew and Renata Kaldor Centre for International Refugee Law, UNSW

Read more http://theconversation.com/theres-no-airport-border-crisis-only-management-failure-of-the-home-affairs-department-125068

Restaurants Risk Compliance Issues Amid Commercial Plumber Shortage

As demand for housing, roads and facilities increases, so does the demand for trade workers. According to Infrastructure Australia, the construction i...

The Importance Of A Professional Medical Fitout Melbourne For Modern Healthcare Facilities

Healthcare environments must operate with precision, efficiency, and a strong focus on patient comfort. A well-planned medical fitout Melbourne hel...

Top Safety and Comfort Features to Consider in Family Off Road Caravans

Exploring Australia’s coastline, bush tracks or outback locations is far more enjoyable when travelling in a caravan designed for both comfort and...

“Logistical Nightmare” – Rural and Remote Communities Supply Chain Nightmares

Australia’s road logistics need major reform to counteract the supply chain issues that are hitting rural and regional communities hard. With 80% of...

The Importance Of Quality Bait Boards For Boats To Enhance Fishing Efficiency And Comfort

Fishing enthusiasts understand that having the right equipment on board makes every trip smoother and more enjoyable. One essential accessory for an...

The Essential Safety Gear Every Tradesman Needs

Across industries like construction, electrical work, plumbing, carpentry, and welding, workers face hazards every single day. For tradesmen, having...

Best POS System Features That Boost Customer Experience

Source: Unsplash Starting and scaling a retail business is unlikely possible without an effective Point of Sale (POS) system. It is the tech heartbe...

Understanding SMSF Setup Online and Why More Australians Are Choosing Digital Fund Establishment

liManaging your own superannuation gives you greater control over investments, retirement planning, and long-term financial decision-making. As inte...

Double Carport: Complete Guide to Design, Cost, and Installation

A double carport provides practical, cost-effective protection for two vehicles whilst adding value and functionality to your property. Whether you're...

How External Blinds and Awnings Improve Comfort, Privacy, and Energy Efficiency

Outdoor comfort and protection are essential for homes and commercial properties, especially in regions with strong sunlight, high UV exposure, and ...

Worksite Comfort Upgrades That Boost Team Productivity

Jobsite productivity doesn’t depend solely on tools, training, or scheduling. It also hinges on something often overlooked: worker comfort. When e...

NDIS Occupational Therapy: Your Complete Guide to Accessing Support and Services

Occupational therapy plays a crucial role in helping NDIS participants achieve their goals and improve their daily living skills. For people with disa...

How to Start Trading Futures in Australia: Markets, Margin and Regulation

Futures trading has become increasingly popular among Australian traders seeking opportunities across global commodities, indices, currencies and ener...

The Importance Of Residential Scaffolding For Safe And Efficient Home Projects

Home construction and renovation projects require reliable access systems that prioritise both worker safety and structural stability. Whether the p...

Understanding All on 4 Dental Implants and Their Benefits for Full Mouth Restoration

Tooth loss can affect daily life in many ways, including chewing difficulties, speech problems, facial changes, and reduced confidence. Modern denti...

Why Removalists Are Essential for a Smooth, Safe, and Hassle-Free Moving Experience

Moving homes or offices can be overwhelming, especially when you’re trying to balance packing, organising, heavy lifting, and time-sensitive deadl...

Understanding Domestic Violence Orders in Queensland

Domestic violence is an issue that affects many households. This article will break down the key aspects of Domestic Violence Orders (DVOs) in Queen...

Why A Smart Lock Is Becoming An Essential Upgrade For Modern Home Security

Homeowners today are placing greater importance on security, convenience and technology in their living spaces. One of the most significant advancem...