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Thursday, 16 August 2012
Page: 5641

Senator LUNDY (Australian Capital Territory—Minister Assisting for Industry and Innovation, Minister for Multicultural Affairs and Minister for Sport) (18:11): Reading from article 16 in terms of access to courts:

2. A refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the courts, including legal assistance and exemption from cautio judicatum solvi .

3. A refugee shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence.

I am advised that our legislation is consistent with article 16 in relation to dealing with asylum seekers. I certainly understand Senator Hanson-Young's continued assertion through this debate for many months now. The Greens are of the view that this approach is inconsistent with the refugee convention. The government have always contended that that is not the case and we continue to do so.