ACADEMIA Letters Seeking asylum in Australia during the COVID-19 Pandemic Dr Brandy Cochrane (with assistance from Emily Singh, Human Rights Solicitor) The COVID-19 pandemic has had consequences on citizens of countries throughout the world that we have all felt on an individual and societal level. However, people seeking asylum during the COVID-19 pandemic have been subjected to a further tumult of consequences from the states where they reside. Their liminal citizenship means that they do not have access to citizenship benefits and in fact, many are in a worse situation than prior to the pandemic. For asylum-seeking people, the observable crises encountered and harms suffered before and during migration, in spaces of disaster and conflict, have been enumerated elsewhere (Freedman 2015; Gerard & Pickering 2012; Huysmans 2014; Pickering 2005). The consequences of pandemic are less known. Based on anecdotal evidence and informal information from cases workers, solicitors and asylum seekers who are on-shore in Melbourne, Australia, there are six main challenges that face those seeking asylum during a pandemic: • Conditions in Immigration Detention • Lack of Income Support • Exploitation • Homelessness • “Negative” decisions have not ceased or even slowed down • Medicare Access Academia Letters, February 2021 ©2021 by Academia Inc. — Open Access — Distributed under CC BY 4.0 Corresponding Author: Dr Brandy Cochrane, brandy.cochrane@vu.edu.au Citation: Cochrane, B. (2021). Seeking asylum in Australia during the COVID-19 Pandemic. Academia Letters, Article 241. https://doi.org/10.20935/AL241. 1 Although these six points are specific to the Australian context, the conditions are likely applicable to other affluent states who restrict provisions for those people seeking asylum. For people without citizenship status, the COVID-19 pandemic has specific risks and consequences that must be addressed by affluent states. Conditions in immigration detention The unsafe conditions in immigration detention have been highlighted by multiple criminologists and human rights activists. However there are further risks during the pandemic. Much like people within prisons where cases of COVID-19 have and continue to rapidly rise, detainees are in a similar situation. Asylum seekers are unable to practice social distancing due to close quarters and overcrowding. Additionally, detention centres have not provided asylum seekers with up-to-date information about the virus or basics such as hygiene products like hand sanitiser. Lack of income support Within the Australian context, asylum seekers are granted a temporary status within the country such as Temporary Protection Visas, Safe Haven Enterprise visas and Bridging Visas. The issues with temporary status have been elucidated elsewhere by criminologists and lawyers alike. During the COVID-19 pandemic, the temporary status of these visas have created additional issues for asylum seekers. There is a lack of income support measures for people with temporary status, as most have been deemed ineligible for all income support initiatives when changes to support were made by the Federal Government in 2018. In order to qualify for income support, asylum seekers must qualify for the State Resolution Support Services which is incredibly difficult normally and worsened by the effects of the pandemic. Even if asylum seekers are found eligible, it is less than citizen support, at roughly 89% of Newstart. Food insecurity and homelessness are also tied to this issue. Exploitation Due to temporary status and restricted working rights, asylum seekers are exposed to work exploitation at a much higher rate than citizens. However, these issues of exploitation due to hyperprecarity of status have increased during the COVID-19 pandemic. There is now more than ever a significant risk for people who are vulnerable to exploitation in the work place. The mistreatment takes many forms, including being forced into working for cash in hand, working off the books and working without any employment rights protection. Homelessness Homelessness is an issue amongst asylum seekers across Australia due to language barriers, lack of local contacts in work and housing, discrimination and lack of income support. During the pandemic, there has been a significant increase in homelessness and the risk of Academia Letters, February 2021 ©2021 by Academia Inc. — Open Access — Distributed under CC BY 4.0 Corresponding Author: Dr Brandy Cochrane, brandy.cochrane@vu.edu.au Citation: Cochrane, B. (2021). Seeking asylum in Australia during the COVID-19 Pandemic. Academia Letters, Article 241. https://doi.org/10.20935/AL241. 2 homelessness has also been increasing as the flow on effects from loss of income, and no ’life line’ for asylum seekers being offered by state or federal government. “Negative” decisions have not ceased or even slowed down Another significant issue for asylum seekers that has arisen since the COVID-19 pandemic is that there has been no halt on “negative” decision making by the Department of Home Affairs and the Immigration Assessment Authority (in particular) on asylum seeker claims. Not only has the decision making not halted, it also has not slowed down. The trend of decisions at pace continues, despite the fact legal services are mainly operating remotely and the normal legal processes required to assist asylum-seeking people once a negative decision happens are severely hampered. While speedy decisions are not necessarily wrong, COVID-19 has significantly restricted proper representation of asylum seekers. Medicare Access Before the spread of COVID-19, some asylum seekers had access to Medicare through the national system, depending on their visa status. In a pandemic, access to Medicare is more important than ever before. However, the federal government has failed to adequately determine Medicare eligibility and to also to administer Medicare services to asylum seekers. The failure to provide Medicare continues despite significant advocacy from the sector. The pandemic has had significant consequences for some of the most vulnerable people on our soil. During times of disaster, such a global pandemic, the weaknesses of a society become amplified. These challenges illucidated above that are illuminated by those in the sector and asylum seekers themselves reflect not only the extensive punitive nature of Australia’s asylum policy, but also how these tactics are heightened during a global pandemic. Academia Letters, February 2021 ©2021 by Academia Inc. — Open Access — Distributed under CC BY 4.0 Corresponding Author: Dr Brandy Cochrane, brandy.cochrane@vu.edu.au Citation: Cochrane, B. (2021). Seeking asylum in Australia during the COVID-19 Pandemic. Academia Letters, Article 241. https://doi.org/10.20935/AL241. 3