Tag: High Court

Australia Has Rolled Workers’ Rights Back to the 1800s

The Australian High Court has just ruled that, if an employment contract says you are a casual worker, then you must be a casual worker — even if you work regular, ongoing hours. The decision is a massive blow to workers’ rights.

Source: Australia Has Rolled Workers’ Rights Back to the 1800s

Peter Dutton abandons detention centre secrecy rules amid High Court challenge

The Turnbull government has quietly abandoned strict secrecy provisions governing Australia’s immigration detention system.

Source: Peter Dutton abandons detention centre secrecy rules amid High Court challenge

UNHRC Reprimands, High Court Losses, Back flip on TPV’s : Morrison Must Be Feeling God Has Let Him Down

High Court defeat for Scott Morrison over temporary visa for refugees

Sarah Whyte

Immigration correspondent

Court loss: Immigration Minister Scott Morrison. Court loss: Immigration Minister Scott Morrison. Photo: Alex Ellinghausen

Immigration Minister Scott Morrison has suffered another defeat in the High Court after his attempt to grant a stateless refugee a temporary visa was ruled invalid.

The man, a Rohingya Muslim from Myanmar, arrived on Christmas Island in 2011 and tried to seek asylum in Australia. For two years the man, who was found to be a genuine refugee, was kept in detention as the Immigration Department assessed his eligibility for a permanent visa.

But when Mr Morrison released the refugee early this year he only offered him a “temporary safe haven” visa, which has similar conditions as a temporary protection visa (TPV) and does not allow permanent residency in Australia. The decision, which was made by the minister without the man’s consent, was ruled as “invalid” by the High Court on Thursday.

The blow comes as Mr Morrison has proposed offering TPVs for people who arrive by boat after July 19 and before December 31 last year, if the Senate allows the visa.

Until now, any asylum seeker who arrived in this five month period was subject to offshore processing centres in Nauru and Manus Island.

Mr Morrison said the proposed change was being presented to the crossbenchers in the Senate – including Clive Palmer’s party – who have the numbers to help the Coalition reinstate TPVs.

If granted, the TPVs would be offered to the 30,000 asylum seekers who arrived under the Labor government and to any asylum seekers who arrived last year and have not yet been sent to be processed offshore.

“We have to work with the Senate that we have and if we have to make some changes to get TPVs in then that’s what we are talking to them about,” he told ABC Radio.

Prime Minister Tony Abbott also defended the proposed changes, saying TPVs had always been part of the government’s policy.

“I want to make it crystal clear that no-one who comes to Australia illegally by boat is ever going to get permanent residency of our country. That is an absolute commitment by this government,” he told reporters in Tasmania.

“Temporary protection visas were our policy and the thing about temporary protection visas is they’re temporary. They’re temporary. When the protection is no longer needed, the visa is not there, and you go back to your home country.”

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