Asylum Seeker Law

In a letter to the Australian newspaper,Michel Gabaudan, UNHCR Regional Representative, has crticised the operation of the Australia government's Temporary Protection Visa regime.

"I wish to correct the impression given in "Home, where the work is" (The Australian, 25-26 October) that the UN High Commissioner for Refugees* endorses Australia's Temporary Protection Visa regime.

While temporary protection is not in itself in breach of the Refugee Convention, denying recognised refugees travel documents is. Further, to deny recognised refugees family reunion is inconsistent with internationally recognised principles.

With regard to Afghan refugees whose TPVs are about to expire, UNHCR considers the legally correct and humanitarian way forward is to allow Afghans to return home voluntarily (as over 2.3 milllion already have) or for the Government to establish - on an individual basis - that there is no longer a case for ongoing refugee status due to a fundamental and enduring change of circumstances in Afghanistan. This requires that the case be made not only that the cause of persecution has been removed, but also that security and access to justice in areas of return is of an acceptable level. The situation in Afghanistan is complex and offers very different scenarios in each province/district.

When "ceased circumstances" can be invoked, Afghans could have their TPVs extended for a period of time to allow them to prepare for return in safety and with dignity. UNHCR does not agree with forcing refugees to re-assert their claims to refugee status after the elapse of arbitrary time frames.

Michel Gabaudan

Regional Representative, UNHCR

*UNHCR is the UN's refugee agency. It supervises application of the 1951 Convention relating to the Status of Refugees and promotes principles agreed to by the 64 member States which make up its Executive Committee."