http://www.smh.com.au/news/national/pm-takes-tougher-line-on-asylum/2006/04/07/1143916722748.html
April 8, 2006 Harder line on asylum THE Immigration Department may be forced to consider Australia's interest, not just humanitarian concerns, when deciding who is allowed asylum. The Prime Minister, John Howard, has ordered a review of the asylum process and yesterday warned Papuans thinking of fleeing to Australia: "Do not imagine for a moment that we want you to come to Australia." But as Mr Howard tried to appease Indonesia - after Australia granted asylum to 42 refugees from Papua - Jakarta suspended plans for a new broad security treaty with Australia. Indonesia wants Australia to guarantee it will take a tougher response against any Papuans fleeing its eastern province to Australia. It also wants a reassessment of the "one-sided" decision to grant asylum. Asked about the treaty, which Australia hoped to sign this year, the Indonesian Defence Minister, Juwono Sudarsono, said: "I think we have to wait and see further developments." Although the final decision on granting asylum will still lie with the Immigration Department and be taken in line with international rules, officials may in future have to take into account the views of the countries applicants are fleeing. Seeking to reassure Indonesia over the Papuan affair, Mr Howard said that President Susilo Bambang Yudhoyono was the "best president" Papuans had ever had and that human rights abuses could be far worse if the troubled region seceded. "If you encourage a process of fragmentation of the Republic of Indonesia, you're going to end up with a lot of turmoil and inevitably human rights abuses and deprivation of liberty than would otherwise be the case," he said. Mr Howard told radio 3AW that while human rights abuses would still be considered, this did not mean "we shouldn't take a broad, reasonably hard-headed approach about what is in this country's best interests and in the best interests of a longer-term relationship". Government sources told the Herald that the immigration officials who granted protection visas to the Papuans last month had taken into account a US State Department finding last year of human rights violations by Indonesian security forces. The report said the forces were continuing to commit "unlawful killings of rebels, suspected rebels, and civilians in areas of separatist activity" in Papua. Senior officials from the Immigration, Foreign Affairs and Prime Minister's departments are looking at ways to change the protection visa process. These include the Immigration Department being required to seek a formal report on foreign policy implications from the Foreign Affairs department, security implications from intelligence agencies and greater involvement of the Prime Minister's department. The process may also allow for Australia to seek assurances on human rights from accused countries. Mr Howard said any changes made would be consistent with Australia's international obligations. At present immigration officers decide whether to grant asylum. They interview applicants and take into account country information from a variety of sources including the United Nations High Commissioner for Refugees and sometimes the Foreign Affairs Department. The Professor of International Law at Sydney University, Don Rothwell, said that taking diplomatic considerations into account when assessing asylum claims could breach the 1951 Convention on the Status of Refugees. "If Australia is going to consult with the country they have left, you are opening the process to political influence. That would be an appalling situation." Mr Juwono said further treaty discussions would need to be held with Indonesia's Foreign Ministry. Indonesian Government sources confirmed the treaty, which will strengthen military ties, was now in doubt. "We are in a waiting mode until we have a clear understanding of the reaction of the Australian Government in the future," one said. "We want to know what the response would be if a second wave of Papuans arrived." Papuan activists say that hundreds of separatist supporters now plan to flee to Australia. These include the Immigration Department being required to seek a formal report on foreign policy implications from the Foreign Affairs department, security implications from intelligence agencies and greater involvement of the Prime Minister's department. The process may also allow for Australia to seek assurances on human rights from accused countries. Mr Howard said any changes made would be consistent with Australia's international obligations. At present immigration officers decide whether to grant asylum. They interview applicants and take into account country information from a variety of sources including the United Nations High Commissioner for Refugees and sometimes the Foreign Affairs Department. The Professor of International Law at Sydney University, Don Rothwell, said that taking diplomatic considerations into account when assessing asylum claims could breach the 1951 Convention on the Status of Refugees. "If Australia is going to consult with the country they have left, you are opening the process to political influence. That would be an appalling situation." Mr Juwono said further treaty discussions would need to be held with Indonesia's Foreign Ministry. Indonesian Government sources confirmed the treaty, which will strengthen military ties, was now in doubt. "We are in a waiting mode until we have a clear understanding of the reaction of the Australian Government in the future," one said. "We want to know what the response would be if a second wave of Papuans arrived." Papuan activists say that hundreds of separatist supporters now plan to flee to Australia. 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