Tag Archives: Citizenship

How to avoid the democratic process within your own party

7 Jun

power

 

In December 2014, then Immigration Minister Scott Morrison made this alarming lunge for sole power over citizenship decisions without recourse to judicial review:

The DIBP submission to a Senate committee argues that an elected member of parliament and minister of the Crown has gained a particular insight into the community’s standards and values. This particular insight therefore qualifies Morrison to overrule AAT decisions. It is the bill’s intention to grant a minister, in this case Morrison, the power to determine an individual’s “good character” or otherwise, regardless of any ruling made by the AAT. Morrison’s decision will be unchallengeable.

Peter Dutton has now replaced Morrison as Minister for Immigration and is in the process of attempting a similar grab for sole power over the stripping of citizenship from those he alone deems unsuitable to retain it.

No citizen can have confidence in a government or an opposition that supports one politician being granted absolute power over such decisions. It is absolutely contrary to all democratic instincts and practices. The question we must ask is why is it thought necessary to invest one politician with this much power? The answer is obviously that the government cannot risk internal debate, and is determined to avoid that democratic process. The Minister is answerable to no one within his party, let alone outside of it. It is only a matter of time before more Ministers are granted similar authority over who knows what circumstances, and anyone who believes or trusts otherwise has their head in a sack. The government has no mandate to invest a Minister with absolute power, not even within its own ranks.

 

 

There are currently so many disturbing events initiated by the Abbott government it’s difficult to triage, however, surely one of the more alarming is the decision to imprison for up to two years doctors, nurses and teachers who disclose adverse conditions at asylum seeker detention centres on Manus and Nauru.

In spite of the border protection rhetoric that surrounds this decision, it’s apparent to anyone with a brain that the only interests served by imposing these draconian restrictions on professionals who, in Australia, are mandated to report abuses they become aware of in the course of their work, are the interests of the Abbott government, supported by the Labor opposition.

Neither major party wants us or the rest of the world to know what goes on in the off-shore detention centres. Knowledge of abuses inflicted upon the detained cannot possibly be a threat to our national security, and if that is what the major parties continue to insist, they need to explain exactly how they justify that claim.

Indeed, if there was any logic to the government’s argument the ill-treatment of asylum seekers ought to be trumpeted from the rooftops as a deterrence to anyone else attempting to come here by boat. Not only will you never be resettled in Australia, you and your children will be subjected to inhumane treatment and conditions in tropical hell holes as well.

As head of the Human Rights Commission, Professor Gillian Triggs so eloquently pointed out, we are currently being subjected to an erosion of rights that ought to have us taking to the streets in protest at the over-reach of executive power by the Abbott government. It is not far-fetched to imagine that a government prepared to imprison professionals for doing their jobs in off-shore detention centres will extend that threat to professionals doing their jobs in the homeland, should it serve their interests. There’s certainly no future in entreating the ALP to take a stand, indeed, the ALP seems more than happy for Abbott to do this dirty work.

Morrison now seeks sole authority over citizenship decisions.

10 Dec

Diagram_of_citizenshipThe Department of Immigration and Border Protection, under the authority of Minister Scott Morrison, is in the process of seeking amendments to the Australian Citizenship Act 2007 that will give the minister draconian powers over not only asylum seekers, but  anyone who has become or wishes to become an Australian citizen.

The Australian Citizenship and Other Legislation Amendment Bill 2014, will give Morrison the power to set aside decisions made by the Administrative Appeals Tribunal on the character and identity of those applying for citizenship or who have already received it, in a public interest test determined solely by the Minister.

The DIBA submission to a Senate committee argues that an elected member of parliament and minister of the Crown has gained a particular insight into the community’s standards and values. This particular insight therefore qualifies Morrison to overrule AAT decisions. It is the bill’s intention to grant a minister, in this case Morrison, the power to determine an individual’s “good character” or otherwise, regardless of any ruling made by the AAT. Morrison’s decision will be unchallengeable.

The bill also aims to give Morrison the right to determine “fraud” or “misrepresentation” in applications for citizenship. In such instances Morrison can revoke papers regardless of whether or not the individual concerned has been convicted of either offence. 

That is, Morrison or the minister concerned has the power to determine “guilt” outside of any criminal proceedings, denying individuals the presumption of innocence.

The notion that anyone has particular insight or is entitled to absolute power because he or she is an MP and minister of the Crown is extremely dangerous. It is confusing the office with the human being who holds it. High office does not automatically endow its holder with integrity or insight. We are all too familiar with “killers in high places who say their prayers out loud” as Leonard Cohen puts it.

Morrison’s ongoing lunges for absolute power must be challenged. This is a liberal democracy. We do not have ministers who overrule the expert opinions of experienced tribunals. We do not have ministers who are above the rule of law and entitled to deprive any human being of the presumption of innocence. We do not have ministers who are answerable to nobody, whose decisions are unchallengeable, and who are allowed to carry out their department’s business in absolute secrecy. No, we do not.