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File Hotham Mission ASP Rights of the Child June 2010.doc

RESEARCH UPDATE

June 2010

IN THIS UPDATE

  • "THE RIGHTS OF THE CHILD: The experience of children living in the Australian community awaiting a decision from the Minister for Immigration" June 2010
    Australia is allowing "humanitarian appellant" children to suffer poverty at levels that may be in contravention of the International Covenant on the Rights of the Child. To download the Report click the study name at top right of this page. (Media Release below)

  • RECEPTION HOUSING RESEARCH - PRELIMINARY FINDINGS
    The research team has released preliminary findings following completion of consultations in the UK, Canada, Sweden and Australia. The Preliminary Report also outlines principles upon which the team is now developing a draft model for national provision of reception housing for asylum seekers.
    (The Final Report of this research will be realsed in the second half of July 2010)

ALSO BELOW

  • ASYLUM SEEKER SKILLS AUDIT FINDINGS
    Findings of a 2009 study of asylum seekers living in Melbourne
  • OVERVIEW: HOUSING RECEPTION MODELS FOR ASYLUM SEEKERS IN AUSTRALIA RESEARCH PROJECT
    Outlines the current research project
  • MINIMUM STANDARDS OF CARE FOR ASYLUM SEEKERS IN THE COMMUNITY
    Outlines this 2004 Study
  • RESEARCH ARCHIVE
    Research studies undertaken before 2004

1. RIGHTS OF THE CHILD RESEARCH: NO EXCUSE FOR CHILDREN'S SUFFERING

Children who have already fled violence in their home country are now being left at the door of destitution. Australia is allowing "humanitarian appellant" children to suffer poverty at levels that may be in contravention of the International Covenant on the Rights of the Child, a study released today has found.

Hotham Mission Asylum Seeker Project Director, Caz Coleman, said that families who are lawfully awaiting the outcomes of appeals to the Minister for Immigration, for leave to stay in Australia on humanitarian grounds (humanitarian appellants), are being left out in the cold.

Ms Coleman said "It is morally unacceptable, and points to a failure to meet our international obligations, to knowingly leave children at the door of destitution and without any access to government help." In the first half of 2010, Hotham Mission ASP helped the families of 47 children, who had no housing or steady income, and who lacked food security.

"The neglect of these children by the current Government is unjustifiable, and it could get worse if the Coalition were elected," she said. "These children suffer severe material deprivation because their families are not eligible for the Community Assistance Scheme (CAS)". CAS provides welfare and health services to only about 400 people who are assessed as having multiple vulnerabilities. "Funding is so limited that children without housing or food security are not deemed vulnerable enough for inclusion," Ms Coleman said.

Ms Coleman said that the situation of some families had improved because they eventually found work. However, she warned "the Coalition's intention to re-introduce the 45-day rule would deny many asylum seekers and humanitarian appellants the right to work and lead to further pointless suffering".

The President of the Australian Human Rights Commission, Catherine Branson QC, has joined Hotham in calling for action. "Asylum-seeking families living in the community face extreme challenges in providing for their children's most basic needs," Ms Branson said. "We need to ensure that the human rights of all children in Australia, including those in families seeking asylum, are respected. These rights include the right to an adequate standard of living and access to the highest attainable standard of health."

The Report, "The Rights of the Child: The experience of children living in the Australian community awaiting a decision from the Minister for Immigration", released today by Hotham Mission ASP, calls on the Government to:

  • expand the federal Community Assistance and Support Program to include all children of humanitarian appellants, as well as their parents and caregivers;
  • guarantee these children adequate, secure and affordable access to food, health care, housing, and sufficient income, to support an adequate standard of living;
  • establish a national Children's Commissioner to ensure a comprehensive approach to protecting the human rights of all children within Australia's jurisdiction; and
  • introduce all necessary and appropriate legislation to give effect to Australia's obligations under the Convention on the Rights of the Child.

2. RECEPTION HOUSING RESEARCH TEAM COMPLETES INTERNATIONAL VISITS
Media Release: Asylum Seekers - international study throws light on how to do it well
Melbourne, Friday November 6, 2009

An Australian team has just returned from research in the UK, Canada and Sweden into 'reception' programs for asylum seekers. The team found that while the Australian Government has gone some way to improving programs and rights for asylum seekers living in the community, there are bigger steps to be taken.

Hotham Mission ASP Director, Caz Coleman, who led the research team, said:
"There is no reason why Australia can't do this well!" she said. "Drawing on the best of overseas models and on positives in our own experience, we can receive people well, and facilitate their contribution to our community for as long as they are here, without being unrealistic"

The team visited housing and "wrap around" programs for asylum seekers in London, Leeds, Glasgow, Stockholm and regional areas of Sweden (including detention facilities in Masta and Flen), and Toronto in Canada. Key findings are:

  • that each of these countries has legislated standards for treatment of asylum seekers that are in line with international obligations; and
  • that each has a normalized program for providing reasonable housing for asylum seekers while they await the outcome of their protection application.

"That mandated local or regional authorities will provide a legislated level of services and housing is simply not questioned. It's beyond politics, and indeed local authorities like the City of Glasgow have embraced reception of asylum seekers as a positive strategy for enhancing their local economies and enriching the life of their communities."

The team's visit during October to the UK, Canada and Sweden was part of a major research project funded by the Truby and Florence Williams Strategic Impact Program at ANZ Trustees, and the UCA ST Andrews Trust, to deliver realistic and affordable recommendations to the Australian Government in relation to the reception of asylum seekers. The team has also consulted agencies working with asylum seekers nationally and will conduct consultations with the community housing sector before reporting in March 2010.

Research team leader Caz Coleman is Director of the Hotham Mission Asylum Seeker Project. FOR INTERVIEWS WITH CAZ COLEMAN CALL: 03 9326 8343

3. ASYLUM SEEKER SKILLS AUDIT REPORTS
October 2009

Researcher Alecia Black has presented the findings of a skills audit of asylum seekers living in the Melbourne metropolitan area. The study was conducted between May and August 2009 for Hotham Mission Asylum Seeker Project, the Asylum Seeker Resource Centre, and the Brigidine Asylum Seekers Project.

81 working age asylum seekers completed standard researcher administered questionnaires and 8 participated in an in‐depth interview.

The findings of this report demonstrate the diversity of asylum seekers' education and employment experiences both before and after arrival in Australia, as well as highlighting skills recognised in Australia's General Skilled Migration program. A number of 'barriers' to accessing education and employment in Australia are discussed, particularly through the use of case study examples of individual asylum seekers. Owing to recent policy changes, the skills audit was conducted in the context of agencies preparing to assist more asylum seeker clients as they look to work or study in Australia. As such, this report submits recommendations for future support of this group.

Conclusions

Extension of permission to work to more asylum seekers following the abolition of the '45 day rule' is a welcome demonstration of the Government's commitment to restoring "humanity, fairness, integrity and public confidence"17 to Australia's refugee and asylum seeker policies. Notwithstanding this, asylum seekers will continue to be denied access to Government employment support services, and those unable to find work will remain ineligible for Government income support. In short, unless they are able to find work, the desperate situation that many asylum seekers currently face will be unchanged. Based on the above findings, this study concludes that asylum seekers need intensive support to assist them in overcoming barriers to employment when exercising their right to work.

This skills audit has demonstrated a research based rationale for the Pilot Employment Service Project for asylum seekers. The project has been identified by a group of agencies, including those involved in this audit, as a means to better support asylum seekers seeking work. Ideally, this support could include a three stage process of assessment and initial referral, development of a tailored employment preparation and support plan, and a supported placement in a workplace. In the event that the return of an asylum seeker is anticipated, such a service could also assist the development of skills transferable to their home country.

This skills audit has demonstrated that asylum seekers bring a variety of skills and experiences with them to Australia, with many possessing skills recognised in Australia's General Skilled Migration program. With appropriate assistance, many asylum seekers would be better placed to contribute these skills. Indeed, this audit observed an overwhelming willingness and desire amongst asylum seekers to work, and to contribute to society as they attempt to begin new lives in Australia.

The cooperating agencies thank Donkey Wheel Charitable Trust for providing the funding for this research project, and Urbis Consultancy for generously providing guidance and mentoring in relation to the research process.

4. OVERVIEW: HOUSING RECEPTION MODELS FOR ASYLUM SEEKERS IN AUSTRALIA RESEARCH PROJECT
(An ASP Research Project 2009-2010)

ASP has received funding from ANZ Trustees and St Andrews Foundation, to undertake a major research project entitled "Housing Reception Models for Asylum Seekers in Australia".

Currently there is no state funded housing provided to the approximately 1,500 asylum seekers in Victoria who live in the community on bridging visas and who are in the Protection application process. The majority of these asylum seekers have no welfare entitlements or work rights and as a consequence this vulnerable group is forced into abject poverty and destitution.

This project proposes to develop an evidence based framework for a reception housing model and standards for asylum seekers in Victoria, through reference to existing domestic and international housing reception standards. A Victorian model may also act as an illustration for a national model.

Over the next year Hotham Mission Asylum Seeker Project will work with a consortium of agencies including HOST consulting, Council to Homeless Persons Victoria and Dr. David Corlett to scope national and international models of housing reception for asylum seekers living in the community. The project has the following aims:

  • To survey domestic models of housing reception for asylum seekers
  • To survey international models of housing reception for asylum seekers
  • To develop best practice housing reception standards through reference to existing domestic and international housing reception standards
  • To inform future policy and implementation of housing provision and housing support for asylum seekers; and
  • To apply the research, standards and costings to explore additional community based options for addressing the housing shortage for asylum seekers living in the community.

The project team will visit a number of countries identified in a review of the literature as having robust asylum seeker housing reception models. Travel to these countries will enable consultation with agencies and government departments involved in the delivery of reception housing for asylum seekers. The project team will observe how different systems operate, and will have an opportunity to view or collate procedure information and case histories unavailable in the public arena.

As critical housing shortages continue to affect many Australians, asylum seekers have been excluded from any solutions proposed by the Federal Government in the recent 'The Road Home' Homelessness White Paper. We hope this project will contribute to the extension of housing support to asylum seekers living in the community.

If you have any queries about this project, please contact the Asylum Seeker Project on 9326 8343 or email sarah.asp@hothammission.org.au

5. MINIMUM STANDARDS FO CARE FOR ASYLUM SEEKERS IN THE COMMUNITY.
An ASP Research Project 2004

The Asylum Seeker Project has completed a document which outlines minimum standards of care for asylum seekers in the community, including asylum seeker children released from detention. The paper argues for Bridging Visas with entitlements to health care, casework and income support. Click to read this study

RESEARCH ARCHIVE

  • Alternative approaches: Reception and Transitional Processing (RTP) System
    By the Justice for Asylum Seekers (JAS) coalition (2002)
  • Asylum Seekers in Sweden
    By Grant Mitchell (2001)

Minimum Standards (2002 Hotham Mission ASP Paper)
Minimum Standards of Care for Asylum Seekers in the Community (2002) MORE...

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