The case decided in the high court yesterday may well be a pyrrhic victory for the idiots who want open borders for this country and it may well mean that Gillard will have to do a deal with the opposition to fix the mess that has been made by Brother Number One’s decision to fix something that was very far from broken, in fact the result of Labor party meddling is a perfect example of just why they say “if it ain’t broke don’t fix it”
The decision creates a political headache for the Gillard government, which will be beholden to the Coalition should fresh legislation be required as a result of the ruling.
The Greens have long opposed offshore processing and independent Andrew Wilkie yesterday hinted strongly he was unlikely to support moves by the government to use legislation to get around the court decision and restrict asylum-seekers’ access to courts.
“I have been an outspoken critic of offshore processing for some time. I oppose offshore processing and the excision of islands,” Mr Wilkie said.
The Coalition’s immigration spokesman, Scott Morrison, refused to say if the opposition would support new legislation, describing yesterday’s decision as a “policy failure”.
“This government has been caught out changing the rules, doing it badly and now the taxpayers and the Australian people are paying the consequences of that,” Mr Morrison said.
Mr Bowen said the government was still digesting the decision, but he would recommend a course of action to cabinet in coming weeks.
“It’s important that we recognise that this is a significant judgment; it has significant ramifications,” Mr Bowen said.
With one in two asylum-seekers failing, Mr Bowen said the court’s ruling could “elongate” the refugee-determination process. “It certainly has the potential implication that people would be in detention for longer as those appeals are worked through,” he said.
Sub-dean of migration law at the Australian National University Marianne Dickie said the judgment was aimed at the system set up by the Rudd government for deciding refugee cases in 2008. “The procedures and policies they put in place left them open to this judgment,” she told The Australian. “They deliberately put a process in that was outside the law.“
However, the Howard government’s decision to excise areas of Australian territory from the Migration Act formed the basis of the Rudd government’s administrative architecture.
Ms Dickie said every failed asylum-seeker could now potentially contest their case in court. “All those cases decided in this way should be reconsidered to avoid them all going to court,” she said.
David Manne, the executive director of the Refugee and Immigration Legal Centre, the organisation that co-ordinated the challenge, hailed the decision as a win for his client, and for Australia.
“The government’s attempts to keep these people outside Australian law and outside the Australian courts have failed,” he told The Australian.
Of course the minions of the open door left would have been cheering this decision yesterday it means more fat cheques for the latte sipping lawyers who have been bemoaning the fact that they have been excluded from the game.It may not be currently fashionable for those latte-sipping lawyers to buy an Enzo these days but you can bet that there will be more than a few who will be checking out brochures for the Tesla or thinking that the extra work that this decision will bring may just pay for their brats to got the very best private schools where they can learn to be good lefties..
None the less the fundamental question remains and that is if half of the claimants are being found not to have a legitimate claim for asylum then why are they not being taken form the tribunals that find against them straight to the airport and deported at the earliest opportunity?
Labor are reaping what they have sown here and I can only hope that they see sense and enter into discussions with the opposition to “fix” this problem with changes to the legislation at the earliest opportunity. Because there is one thing that they can be sure of and that is the Australian people will not stand for the kind of open door policy that the loopy Greens dream of. and a Labor government who sit on their hands and let the Greens dictate policy on this issue will be slaughtered at any subsequent election.