Security check warning on Malaysian refugee swap plan

A GOVERNMENT watchdog has questioned Australia's ability to conduct security checks on refugees under its Malaysian Solution

AUSTRALIA'S peak government watchdog has questioned the ability of Australia to complete security checks within a reasonable time on the 4000 refugees Labor wants to accept under its Malaysian refugee swap.

In a submission to a Senate inquiry into Labor's now-doomed Malaysian Solution, Commonwealth Ombudsman Allan Asher said the slow security checks had led to processing delays not only for irregular maritime arrivals but also for other onshore and offshore visa applicants, including under the Special Humanitarian Program under which the 4000 transferees will be accommodated.

ASIO confirmed in March it now takes an average of 66 days to do a security check on an asylum-seeker - about a month longer than it took in 2009.

“In some instances the delays have been manifestly unreasonable,” Mr Asher said.

“It is important that steps be taken to ensure that these 4000 transferees to Australia will not be subjected to similar processing delays, which could adversely affect community confidence and individual expectations in the efficacy of the arrangements and their implementation.”

The High Court last month scuttled the government's plan to send 800 asylum-seekers to Malaysia in return for 4000 refugees, labelling it invalid.

Labor has vowed to continue to pursue its Malaysian plan, putting amendments to the Migration Act to parliament to allow the refugee swap to go ahead.

Labor needs the support of the Coalition to have parliament approve changes that will legalise offshore processing arrangements, including the Malaysia Solution.

The Senate inquiry into the refugee swap deal began this morning with Mr Asher giving evidence first.

The Refugee Council told the inquiry there may be hope in the future to work with Malaysia on asylum-seekers, but now was not the time for such an agreement.

Council chief Paul Power, who visited Malaysia in July, said the government had “misdiagnosed the problem” and he had grave concerns for the safety of people sent to Malaysia.

“The visit confirmed for me that concerns of refugees for their safety and security are soundly based,” Mr Power said.

“Refugees in Malaysia are living in deep poverty with no legal status and forced to break the law in order to earn money to feed themselves.

“Harassment and violence are part of the refugee community's daily experience and threat of arrest is constant.”

Mr Power said there had been some improvement in recent years, and he hoped that in the long-term Malaysia would improve its human rights record.

“It is now less likely that UN-recognised refugees will get caned than it was two years ago,” he said.

“...But that is hardly sufficient grounds for suggesting now is the time to send asylum seekers who have transited through Malaysia back there.”

Julian Burnside, QC, will also front the hearing along with the president of the International Commission of Jurists, John Dowd, QC, the former Democrat Andrew Bartlett and representatives from the Department of Immigration and Citizenship.