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Since the beginning of European settlement in 1788, the Australian community has had to deal with the issue of having migrants in society. Though there are many long-term benefits of this situation, both socially and economically, they are often cancelled out by the disadvantages faced by the migrants themselves in Australia. Three such disadvantages are difficulties concerning social services, the law itself and housing. These often prove very difficult for migrants, particularly those with few English skills, and those that had recently arrived in the country. Although assistance is available from governments as well as community groups to assist with these problems, many migrants continue to experience difficulties in these areas.
When migrants arrive in Australia, the problem they immediately face is that of housing. Low-income earners have difficulty renting accommodation for a number of reasons often they are unemployed or on low incomes, they have poor English skills, and discrimination can occur in tenancy matters. Borrowing and saving is often difficult for migrants, and public housing waiting lists can be very long.
However, there are several mechanisms available to migrants in addressing the housing problem. Charitable organisations, such as St Vincent de Paul and the Salvation Army provide shelter, clothing and emergency food. Migrant Resource Centres are run by community groups, though sponsored by the government, and offer information and support to newly arrived migrants.
The Refugee Resettlement Advisory Council was established in 17 to advise the government on migrant settlement issues, and the National Integrated Settlement Strategy is a planning framework with the objective of improving and coordinating settlement services to both refugees and migrants throughout Australia.
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The Community Refugee Scheme community organisations meet refugees upon their arrival to Australia, arrange accommodation that is close to essential services and transport, encourage English language tuition, and provide information about all relevant services available for migrants. While these mechanisms certainly do have their place, access to satisfactory housing continues to be a major obstacle faced by recently arrived migrants.
The government in Australia have made social security and other relevant welfare benefits available to most migrants upon their arrival so they could survive until they became established and independent of them. In the past, the provision of these benefits has been an effective mechanism for achieving justice for newly arrived migrants. Presently, however, changes made to the laws regarding social security payments have severely reduced the effectiveness of this mechanism.
One of these changes is the introduction of the Waiting Period. In 16, the Federal Government, under Howard, announced that social security payments would not be given to migrants within the first two years of their Australian residency, unless they are refugees or are placed in the humanitarian category. This waiting period applies to all migrants who arrived in Australia after the 4th of March 17. Some payments, such as the age pension, are not available to migrants until they have resided in the country for 10 years.
This action has caused enormous community uproar, however, with clear evidence of migrants returning to their home country after their inability to survive in Australia. As a result of this, the Special Benefit was established. It is a payment given to migrants who are suffering financial hardship. This Benefit can be given without the two-year waiting period, however it is necessary for them to show a substantial and unforeseen change in circumstances beyond their control, as well as financial hardship.
People seeking asylum in Australia may obtain financial assistance under the Asylum Seekers Assistance Scheme. This is funded by the federal government, though administered by the Red Cross.
While there are processes to obtaining social security benefits, they are often confusing and sometimes frustrating for non-English speaking migrants. The process of appealing decisions about their social security payments is extremely difficult for Australian-born, English-speaking residents, let alone migrants.
Accessing the legal system can sometimes be complicated for migrants to access. Apart from the obvious language barriers, there are many factors contributing to this; in particular, unfamiliarity. Many migrants come from civil law countries where the inquisitorial system operates. This is quite different to that of Australia, where the adversary system runs.
Many migrants, especially those who have been persecuted in their home country fear the police and are reluctant to report crimes, even in cases where they have been the victim. Migrants' previous experiences of those in authority may make them fearful or sceptical or authority figures in the legal process.
Ignorance of the law is no excuse for breaking it. In cases where migrants are unaware of a particular law and are prevented by cultural barriers to finding it out, it can seem like a harsh rule. Criminal law in Australia does not recognise the different ways in which people of diverse cultural heritage have of responding to difficult situations. The difficulty with taking into account cultural differences is that the law may be applied differently to the wrong people.
In order to overcome these barriers several measures have been put in place. The Australian Law Reform Commission (ALRC) in 1 released a report entitled "Multiculturalism and the Law". The report made recommendations concerning various issues, including access to independent police complaint programs; the channelling of funds for education and support services through existing community organisations; the necessity for the provision of interpreters; and wider judicial and police discretion to consider culture in prosecution, recording an offence, and sentencing.
While the implementation of these recommendations would certainly give migrants more assistance when dealing with the law, it is still necessary for the legal system to recognise and acknowledge the cultural diversity of Australia.
Overall, it can be seen that significant changes have been made to the legal system and social workings, however more action is needed. Reforms that could be introduced to assist migrants in Australia could be providing better information and interpreting services, which includes increased funding; increasing funding to language programs; and promoting public education about the migrant community.
Excel Preliminary Legal Studies Book.
www.abs.gov.au
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