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Legal profession requests intake increases, humanitarian visas for those fleeing from Afghanistan

Now that the two decades of “intervention and broken promises” have come to an end in Afghanistan, a human rights lawyer has spoken out on behalf of an advocacy network to ask that the Morrison government take the “critical, urgent and necessary steps” to bring those still at great danger back to safety.

user iconNaomi Neilson 02 September 2021 Big Law
Afghanistan
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Shortly before dozens of Afghan nationals and military personnel near Kabul’s airport were killed in a terrorist attack linked to an Islamic affiliate, the Australian Defence Force (ADF) airlifted about 4,100 people out of the city a final time, including a total of 3,200 who are either Australians or Afghan nationals with Australian visas. 

The government has so far reserved at least 3,000 places for Afghan nationals within Australia’s existing 13,750 overall places in the humanitarian program, rather than a special additional intake of the kind, Tony Abbott announced. Prime Minister Scott Morrison said the 3,000 is a “floor, it’s not a ceiling” that could be increased. 

The Afghan Australian Advocacy Network (AAAN) said there are serious fears about the safety of the people left in Afghanistan, with the latest attack a “testament to the growing instability and precarity” that is likely to worsen in future. The AAAN is calling for an urgent commitment from the government to increase their intake. 

“There are approximately 80,000 Australians that call Australia home, having also left Afghanistan,” human rights lawyer with the AAAN, Arif Hussein, said. “Each one of us has been calling on the Australian government to take immediate steps in response to the humanitarian crisis that is unfolding in Afghanistan.” 

The AAAN has asked the Morrison government to prepare for a 20,000 intake in a resettlement program that should prioritise the most vulnerable protected people in Afghanistan, including women, minority groups, LGBTQIA+ people, human rights defenders, interpreters, guides and other personnel involved in Australia’s mission. 

In addition to the 20,000 emergency humanitarian intake, the 4,200 refugees from Afghanistan on temporary visas here in Australia “must be granted permanent protections”, AAAN has requested. Australia should also prioritise family-reunification visas and lift the ban on resettlement of refugees to Australia through the United Nations Commissioner for Refugees in Indonesia. 

“The Australian community want action for Afghanistan, action which goes beyond access to Kabul airport, and the talk from the Australian government about floors and ceilings,” Mr Hussein said. “It is time for the Australian government to listen to the community and take tangible, deliverable action for Afghanistan.” 

Female judges and their families at risk

Along with expanding Australia’s humanitarian efforts, legal groups like the Australian Judicial Officers Association, the International Association of Women Judges, the NZ Bar Association and now the Australian Women Lawyers Association (AWLA) are calling for urgent support for female judges and their families. 

The International Association of Women Judges found that some of these female judges are receiving threats along the lines of “where will you hide now?”. There are still 250 female judges in Afghanistan that “should be evacuated immediately”. 

“In light of the Taliban’s re-taking of the country, the safety of women judges is especially at risk, given their role in the emerging democracy, which, in combination with their gender, has placed them in great danger. We are aware that two women judges have been murdered this year, and that many women judges report being subject to threats and intimidation,” AWLA president Leah Marrone said. 

AWLA is urging the federal government to offer humanitarian visas to these judges and lawyers, provide them and their families with safe passage and refuge, and to “otherwise assist in providing support sought by Afghan women in the profession”. 

“In light of recent acts of violence, it is clear that the security situation within Afghanistan continues to rapidly deteriorate,” Ms Marrone said. “The tragic circumstances warrant a humanitarian response of the highest order.” 

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Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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