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Australian Judiciary Has Gone Mad
THE Federal Government could not deport bogus asylum seekers unless it proved their country of origin was safe, the Federal Court has ruled.
The ruling means more than 1000 asylum seekers facing deportation might be able to stay in Australia.
So name one f**king Muslim country that is "safe", whatever that means.
It means whatever they say it means. Nice system, huh?
The decision by justices Murray Wilcox, Rodney Madgwick and Bruce Lander means temporary protection visa (TPV) holders will no longer be forced to prove their refugee status when their three-year visa expires and they could instead be issued with a permanent visa.

Brisbane immigration lawyer Bruce Henry said the Federal Court ruling in the case of his Afghan client – identified only as QAAH – undermined the Government's policy of forcing asylum seekers to prove they would be harmed if they were returned to their homeland. The ruling moved the onus to the Government to prove asylum seekers would be safe if forced to return and potentially opened the door for thousands of similar cases, he said.

"It means that anyone who's still on a temporary protection visa, so anyone whose application for a permanent visa has not ended favourably for them, has the right now to be saying to the department that; 'You've got to reassess my case, you've got to adopt the correct approach under the convention'," Mr Henry told ABC radio. "Which means that the department has to show why it's safe for them to return to Afghanistan, why it's safe for them to return to Iraq or Iran, rather than for the TPV holder to have to make out another case.

"There's a few thousand in that position of not yet having been granted the permanent visa."

Refugee lawyer David Manne doubted there would be a flood of other cases but said it gave hope to hundreds of people seeking permanent residency in Australia.

QAAH's lawyers argued the Refugee Review Tribunal failed to consider whether the government of Afghanistan was willing or able to protect QAAH against threats of persecution, including from the Taliban because he was a Shi'ite Muslim. The judges agreed with QAAH's lawyers, ordering the appeal be upheld and Immigration Minister Amanda Vanstone pay the appellant's costs. "It should be ordered that the decision made by the tribunal be quashed and the appellants application for a permanent protection visa be remitted to the tribunal for further hearing and determination according to law," Judge Wilcox said in his judgment.

Opposition Leader Kim Beazley said the court decision was further proof the Government had made a complete mess of immigration law. "Everything in it is a mess," he said.
So you'll sponsor a law to reverse the decision, right?

Posted by: tipper 2005-07-28
http://www.rantburg.com/poparticle.php?ID=125234