Visualizzazione post con etichetta refugees. Mostra tutti i post
Visualizzazione post con etichetta refugees. Mostra tutti i post

Dr. Brindamour is co-chair of the immigration and refugee health committee at the University of Saskatchewan's college of medicine. She collaborated with four other pediatric residents in writing this viewpoint.
As future Canadian pediatricians, we have at heart the health of all children. Consequently, we are very concerned about the Conservative government's Bill C-31 (which amends the Immigration and Refugee Protection Act), and the effect it may have on the health of the vulnerable population for whom we care.

Child refugees require more care from us

Dr. Brindamour is co-chair of the immigration and refugee health committee at the University of Saskatchewan's college of medicine. Sh...

While illegal migration across the U.S.-Mexico border has fallen dramatically in recent years,government officials say there has also been an alarming increase in the number of unaccompanied minors trying to cross into the United States.

Arrests of Teen Migrants Soaring Along the U.S.-Mexico Border

While illegal migration across the U.S.-Mexico border has  fallen dramatically in recent years, government officials say there has also be...
ECRE and Amnesty International submitted an appeal to the EU institutions to maintain the presumption against detention in EU asylum legislation and uphold as a minimum a list of essential safeguards on the detention of asylum seekers in EU asylum legislation.

Appeal to EU Institutions Ensure respect for asylum seekers

ECRE and Amnesty International submitted an appeal to the EU institutions to maintain the presumption against detention in EU asylum legisl...

Ieri e' stata presentata la campagna di comunicazione e sensibilizzazione “Gente di Dublino”, promossa dal Consiglio Italiano per i Rifugiati (CIR). La campagna, cofinanziata dall’Unione Europea e dal Ministero dell’Interno è gestita dal CIR assieme con Europe Consulting e l’Associazione Italiana del Consiglio dei  Comuni e delle Regioni Europee (AICCRE), ha lo scopo di fornire un’informazione capillare sul Regolamento Dublino e sulla sua concreta applicazione.

I Minori Stranieri non Accompagnati Rifugiati e “Dublino II”

Ieri e' stata presentata la campagna di comunicazione e sensibilizzazione “Gente di Dublino” , promossa dal Consiglio Italiano per i R...

Often I get asked by friends and family what I mean when I say I advocate for policy reform on behalf of unaccompanied migrant children. Usually I explain that I monitor immigration detention programs for kids and use my findings to promote better laws and procedures that reflect the children’s best interests. My friends and family are usually surprised by two things: 1) that we detain these children at all and 2) that every year more than 10,000 children and youth make the risky journey to the U.S. alone. When they ask me why these children are coming on their own, I always share the story of Jesus.*

IT’S TIME FOR A NEW APPROACH IN HANDLING IMMIGRANT CHILDREN

Often I get asked by friends and family what I mean when I say I advocate for policy reform on behalf of unaccompanied migrant children....
English 
20 sono  i minori non accompagnati, tra cui 3 ragazze, presenti sull’Isola di Lampedusa dopo essere stati soccorsi giorni fa, nel naufragio in cui hanno perso la vita 5 persone.  Le migliori condizioni del mare, come dimostrano gli ultimi sbarchi di questi giorni, hanno evidenziato la ripresa delle “carrette del mare” dalla Libia, con il loro carico di “sognatori di una  vita migliore”.

No ad una nuova emergenza Lampedusa

English   20 sono  i minori non accompagnati, tra cui 3 ragazze, presenti sull’Isola di Lampedusa dopo essere stati soccorsi giorni fa, nel...
At the Danish detention facility for asylum seekers, Ellebæk, at least 25 unaccopanied minor asylum seekers and 5 families with children have been detained in 2011. This practice is not in accordance with the UN convention on the Rights of the Child, according to the Danish Refugee Council.

Unaccompanied minors detained in Denmark

At the Danish detention facility for asylum seekers, Ellebæk, at least 25 unaccopanied minor asylum seekers and 5 families with children ha...

CYPRUS has taken a step backwards when it comes to the detention of children, a prominent NGO said yesterday.At the launch of a global campaign to end immigration detention of children, which is being launched at UN Human Rights Council, Corina Drousiotou, the Senior Legal Advisor for asylum seekers and refugees at Future Worlds Centre said the Cypriot authorities have so far avoided the detention of children.

A step backwards on child detentions

CYPRUS has taken a step backwards when it comes to the detention of children, a prominent NGO said yesterday. At the launch of a global cam...

 English Below


L’International Detention Coalition ha pubblicato Captured Childhood report 2012, un interessantissimo documento nel quale è possibile leggere una serie di storie di minori detenuti per immigrazione. Le storie riportate in questo documento evidenziano come siano necessari approcci all’immigrazione alternativi a quelli adottati dalla maggior parte dei governi.

Minori stranieri detenuti per immigrazione/Foreign children detained for immigration

  English  Below L’International Detention Coalition ha pubblicato Captured Childhood report 2012 , un interessantissimo documento nel q...
Gebre* knew the dangers as well as any 13-year-old. He understood that to be captured fleeing his country by the Eritrean border guards could mean jail or worse. And anyone taking the route to Ethiopia via Sudan could be held for ransom.

But what was certain was that soon Gebre would be old enough to serve in the Eritrean military, where service is tough and lasts for decades. He discussed the matter with his family and together they agreed that he was better off risking a litany of woes than a life of lost opportunity.

Fear of compulsory recruitment drives Eritrean teen to flee home

Gebre* knew the dangers as well as any 13-year-old. He understood that to be captured fleeing his country by the Eritrean border guards cou...
Activists from Western Australia’s Refugee Rights Action Network traveled more than 800 kilometres from Perth to the remote Leonora detention centre over January 27-29. The journey sought to draw attention to the 160 unaccompanied minors locked up in the detention centre.

Refugee protest travels 800kms to detention centre

Activists from Western Australia’s Refugee Rights Action Network traveled more than 800 kilometres from Perth to the remote Leonora detenti...
Bomb Attack, Kabul, Afghanistan - 06 Dec 2011
An Afghan policeman guards the site of a suicide attack on a Shia shrine in Kabul on Tuesday. The UK government wants to return Afghan teenagers from Britain. Photograph: Keystone USA-Zuma/Rex Features

Last year the Home Office received 547 applications from Afghan children separated from their families wanting to stay in the UK. As of next year the government wants to start sending them back to Kabul.

"It is hard to see how any of them can lawfully and safely be sent back while Afghanistan remains a death trap for lone children," says Francis FitzGibbon QC, part-time immigration judge and a barrister at Doughty Street Chambers.

Government plans to send Afghan teens back to Kabul are questionable

An Afghan policeman guards the site of a suicide attack on a Shia shrine in Kabul on Tuesday. The UK government wants to return Afghan te...

Mauro Manuel
Mauro Manuel, 18, arrived in the Netherlands from Angola as an unaccompanied asylum seeker in 2003. Photograph: Koen Van Weel/EPA

An Angolan teenager who arrived in the Netherlands aged 10 has lost his fight to stay in the country despite a heartfelt plea to the Dutch parliament and a wave of protest at his treatment.
Mauro Manuel, now 18, has been living in the Dutch province of Limburg with a foster family since he arrived in the Netherlands as an unaccompanied asylum seeker in 2003. He is facing deportation because he is an adult. Dutch MPs voted down two motions on Tuesday that would have allowed him to stay in the country permanently. They are expected to vote next week on a compromise motion that would allow him to stay to hear whether or not an application for a temporary four-year student visa has been successful.

Angolan teenager Mauro Manuel loses fight to stay in the Netherlands

Mauro Manuel, 18, arrived in the Netherlands from Angola as an unaccompanied asylum seeker in 2003. Photograph: Koen Van Weel/EPA An ...

Opposition Leader Tony Abbott says he will consider the Prime Minister's bill to allow offshore processing, but has reiterated his objection to her Malaysian solution.
Julia Gillard has won the support of the Labor Caucus to push ahead with the Malaysian people swap deal despite a stinging High Court defeat.
She is now mounting pressure on Mr Abbott to back Labor's bill which will go before Parliament next week, describing it as a test of his leadership.
"It is a test as to whether he is guided by the national interest or is always guided by his political interest," she said.
Ms Gillard says Labor is determined to enforce the Malaysian solution and reopen a processing centre on Manus Island in Papua New Guinea.
But the amendments would also allow a Coalition government to restore its Nauru option.
"Malaysia offered the best answer to the issue of asylum seekers and people smuggling then. It offers the best answer now," she said.
"These amendments will be broad in nature. They will enable the government of the day to design and implement its best solution."
Mr Abbott says the Coalition will consider any legislation the Government puts up, but in the meantime continues to pan Ms Gillard's plan, saying Malaysia is offshore dumping not offshore processing.
"The Malaysian people swap is a proven policy failure. Nauru is a proven policy success," he said in a statement.
"Only the combination of Nauru, the reintroduction of temporary protection visas and a willingness to turn boats around where it is safe to do so will stop the boats."
'Nothing to negotiate'
Immigration Minister Chris Bowen reminded Mr Abbott that a decade ago Labor offered bipartisan support to the Howard government when it introduced offshore processing.
"The legislation that we will introduce into the Parliament will seek to return the Migration Act to the previous understanding of both sides of the Parliament from 2001 to 2011," he said.
The Government is yet to spell out how it proposes to change the law.
"We will brief the Opposition on the wording of the amendments," Ms Gillard said.
"On the principle though, there's nothing to negotiate. The question for Mr Abbott here is a crystal clear one: Does he believe executive government should have the power to implement its policy on asylum seekers and refugees?"
Like Mr Abbott, Opposition immigration spokesman Scott Morrison is hedging his bets.
"The Coalition has always supported offshore processing. We have the patent on it, but we don't support offshore dumping," he said.
"We'll fashion our response once we've see the Government's bill. At the moment we haven't got that bill so there is nothing to respond to."
'Unholy alliance'
Greens leader Bob Brown says his party will not be supporting any amendments that allow offshore processing.
"This is a developing unholy alliance between the major parties, and the Greens are here now to advocate... the publicly wanted position of Australian voters who would otherwise be left high and dry on this matter."
Ms Gillard has made a point of telling her party's Left faction - which sought a return to onshore processing - that the Government believes in honouring the United Nations refugee convention.
"This is an innovative proposal that brings together the maximum possible deterrence effect to smash what is truly an evil - people smuggling - while holding true to the refugee convention," she said.
The Government also argues that processing asylum seekers' refugee claims in Australia would be very expensive.
"That impact would be in the order of $4 billion over the forward estimates if we return to the sorts of arrivals we've seen in previous times," Mr Bowen said.
The Immigration Minister also wants to change the law so he can send unaccompanied minors to Malaysia or Papua New Guinea.
As the law stands he is their guardian and the High Court stopped him from sending them offshore.
Mr Bowen suggests guardianship could be offloaded to another minister.
"That is of course something the Government will consider down the track. There are a range of options," he said.
"But clearly whoever is the guardian, the minister for immigration must have the ability to apply discretion to appropriate removal." (abc.net.au)

Abbott to consider offshore processing bill

Opposition Leader Tony Abbott says he will consider the Prime Minister's bill to allow offshore processing, but has reiterated his obje...

Now the Gillard Government has decided to adopt a legislative response to the High Court's August 31 judgment in the M70/M106 cases, how can amendments be adopted that will keep the proposed Malaysian solution alive?
The Government has flagged its intention to amend both the Migration Act and the Immigration (Guardianship of Children) Act so as to return the law to the 'understandings' that existed prior to August 31. These amendments will most likely be introduced into Parliament during the next sitting week. The options with respect to the Migration Act are fairly straightforward. The crux of the High Court's decision was that the Minister's declaration that Malaysia was a suitable country to which non-citizens could be sent for the assessment of their asylum claims was a 'jurisdictional fact' reviewable under law. Accordingly, the Minister could not simply make a decision based only upon a political judgment or assurances from Malaysia that it would deal with the asylum seekers in a certain way. Rather, these were legally ascertainable facts reviewable by a court.
A key provision is section 198A of the Migration Act, particularly sub-paragraph 3 that lists criteria the Minister needs to take into account when making a declaration. These could simply be removed, thereby allowing for considerable Ministerial discretion in making a declaration. The effect of such action would be to effectively make the decision a purely political one that was not subject to judicial oversight by the courts. An alternative - and one that may appease the Labour backbench - would be to make the Minister's declaration contingent on ascertainable facts. These could include factors such as whether the country in question was a party to the Refugee Convention, or whether Australia had entered into an agreement with that country in which they undertook to receive persons claiming asylum and that their claims would be processed in that country. These elements would be objective in nature and allow the Minister to refer to easily identifiable criteria in making a judgment as to the suitability of a country for offshore processing. Importantly, these types of amendments would be broad enough to encompass countries which are a party to the Refugees Convention or about to become parties, such as PNG and Nauru, or countries which have entered into agreements with Australia for offshore processing, such as Malaysia.
The much more difficult task would be making amendments to the Immigration (Guardianship of Children) Act. This is a relatively old statute; one that was introduced at the time of post-war British child migrants coming to Australia. However, the Act has been amended so that it specifically deals with the situation of the so-called 'non-citizen child' who is under the age of 18, has entered Australia as a non-citizen, and intends to become a permanent resident. All of these criteria apply to unaccompanied minors making their way to Christmas Island with the assistance of people smugglers. Importantly the Act provides that the Minister is the guardian of these non-citizen children and accordingly under section 6A of the Act they can only leave Australia with the Minister's consent. This was the pivotal provision for the High Court in the M106 case argued in parallel to M70. The High Court found that as the Minister had issued no declaration in the case of certain unaccompanied minors then they could not be sent to Malaysia. In other words, the Minister had not even turned his mind to the application of this Act to these children. At face value that would suggest this defect could be simply resolved by the Minister making a declaration with respect to unaccompanied minors, however the High Court also acknowledged, as now has the Commonwealth Solicitor-General, that any such declarations would be subject to judicial review. However, amendments to this Act are not as straightforward as those to the Migration Act. While it may be possible to make clear that declarations issued under the Migration Act prevail as between the two Acts, there are also certain common law obligations of guardianship upon the state in the case of minors whose parents are not exercising control. Australia's obligations under the Convention on the Rights of the Child are also applicable. In 1995 the High Court famously ruled in the Teoh case that there existed a legitimate expectation on the part of citizens that the Convention would be taken into account when administrative decisions were being made with respect to children. That case is silent as to the right of non-citizen children, however Article 3 of the Convention makes clear that:
In all actions concerning children, whether undertaken by public or private social welfare institutions, comuch more difficult task would be making amendments to the Immigration (Guardianship of Children) Act.urts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
Circumventing these legal hurdles would only be achieved by complex legislative amendments which more than likely would be tested by future court challenges. While all of the political attention to date has been on the Migration Act, there are real questions as to how the Immigration (Guardianship of Children) Act can be amended to achieve the Government's desired policy outcome. This poses a major dilemma for the Gillard Government as if offshore processing cannot be fireproofed from legal uncertainty, the ultimate policy objectives will fail for the simple reason that any loophole that exists with respect to unaccompanied minors will be quickly exploited by the people smugglers.(abc.net.au)

Donald R. Rothwell is Professor of International Law at the ANU College of Law, Australian National University.

The complex business of saving Gillard's solution

N ow the Gillard Government has decided to adopt a legislative response to the High Court's August 31 judgment in the M70/M106 cases, h...

Immigration officials have confirmed 14 unaccompanied children were on board the latest asylum seeker boat to arrive on Christmas Island.
The boat carrying 72 asylum seekers was intercepted by Australian authorities on Friday and is the first since the Federal Government's people swap deal with Malaysia was scuttled by the High Court.
The Immigration Department has confirmed there are 54 single men in the group, one woman and 14 asylum seekers claiming to be unaccompanied minors.
The asylum seekers will have health and security checks on Christmas Island and they will be processed in Australia.
Federal Cabinet and caucus will meet on Monday to settle on a new policy after the High Court rejected the Malaysia swap deal.
Yesterday Attorney-General Robert McClelland told ABC's News 24 the Migration Act could be amended to allow offshore processing.
"We believe an amendment is appropriate. Obviously the Cabinet and caucus have to consider these issues but yes we believe that an amendment is desirable to put offshore processing beyond doubt, we think that should be done," he said.
Defence Minister Stephen Smith has rejected suggestions the Government's decision to overhaul asylum seeker laws means it does not care about how asylum seekers are treated.
"We went to the last election with a commitment to effect offshore processing together with a regional framework, a regional arrangement but its clear that to pursue that there needs to be legislative change," he told ABC1's Insiders.
The Government has signalled Nauru is unlikely to be part of its new asylum seeker policy.
Immigration Minister Chris Bowen has released financial estimates that revealed it would cost just under $1 billion to process asylum seekers on Nauru over the next four years.
"So we know that Nauru is an ineffective option, now we know it's an expensive one as well," he said.
Mr Bowen stopped short of ruling out Nauru completely, but said the new advice proved it was no silver bullet for people smuggling.
However, Mr Bowen said he is still negotiating with the Opposition in the hopes of reaching a bipartisan position.(abc.net.au)

14 children on latest asylum seeker boat

Immigration officials have confirmed 14 unaccompanied children were on board the latest asylum seeker boat to arrive on Christmas Island. T...
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