Home Affairs minister right to reject Tamil application, albeit with a heavy heart

Peter Dutton and the Tamil family at the centre of an immigration stand-off. Picture: AAP/Supplied

Of course it’s a heart breaking situation to see a young family with two children aged just two and four years old about to be deported.

But the reason is simple — they have not qualified as genuine refugees.

They have exhausted their legal avenues for appeal, and are now hoping to be saved by ministerial intervention. But why?

The argument is that they have developed roots in the community, which I have little doubt they have.

But if the border laws most Australians support are to be enforced, it’s very hard to justify exceptionalism for a family not judged to be genuine refugees.

I’ve spent the last decade railing against our offshore processing system which incarcerates people found to be genuine refugees. It is a system deliberately designed around treating such people as reverse bait. They are essentially held in indefinite detention as a deterrent to others seeking to arrive here by boat pleading for asylum.

It’s horrible, not to mention a violation of our international obligations.

But this family, albeit with a very human face, have had the opportunity to live freely in the Australian community while their applications are assessed. That having happened, it turns out they never were genuine refugees.

That means they must go back, after which they are free to apply to move here under the proper immigration processes like anyone else living abroad.

Unless governments are going to move to more open borders, that’s the way it has to be.

Unless we want to send the message that seeking asylum is more important than actually qualifying for it, the PM and Home Affairs minister are right to reject this application.

Albeit with a heavy heart.

While I can understand few would really believe they have a heavy heart in reaching the decision they have, even if that’s the case it doesn’t mean that they are wrong to reject their plea for exceptionalism.

Let’s maintain the rage when it comes to the poor treatment of genuine refugees, including the outrageous situation whereby we try and encourage them to return home to places they have been assessed as having been persecuted. That’s where the focus must be — rather than on a rearguard action to save a family which aren’t in fact genuine refugees.

Peter van Onselen is a professor of politics at the University of Western Australia and Griffith University