There is a central immigration question which never gets answered: Should Australians be asked to live next to people who have sewn their lips together with wire as a protest?

Or put another way: Should they have to share a community with people who, a few months previously, had fought police and destroyed public facilities?
Whether they should or not is still unanswered. But the fact is, they do.
Reports of alarming disturbances in the Christmas Island detention centre for asylum seekers have revived these questions, which, in broad terms, the Opposition is putting to the Government.
Shadow justice minister Michael Keenan asked Prime Minister Julia Gillard in Question Time yesterday:
“Can the Prime Minister guarantee that no asylum seeker that has damaged Commonwealth property or obstructed Commonwealth officers in these (Christmas Island) riots will be granted a visa?”
Well, she can’t, and would be silly to pretend she could.
This issue was first raised about 10 years ago when asylum seekers went wild in a number of camps set up by the Coalition Government.
Nobody at Christmas Island has resorted to the self-mutilation of sewing their mouth shut with wire, as they did in Villawood about a decade ago.
In addition, in March, 2003, detainees at Woomera spat blood and threw bottles of urine at guards and smashed through fencing. This followed a break-out on Good Friday which saw 14 detainees on the run.
The Coalition Howard Government could only watch as riot police were sent in. Sound familiar?
Earlier, in January, 2002, asylum seekers, some with metal bars, tried a mass escape.
During the 2002/2003 summer, protesters caused some $8 million in damage to detention centres in three states and on Christmas Island.
There were many other instances of detention centre violence. In June 2005 a group of detainees cut their wrists and hands at Villawood in a protest so grisly that another asylum seeker had a heart attack watching it.
So how many of these protesters, responsible for events much worse than have occurred on Christmas Island in recent days, were denied visas because of their actions?
Privacy laws prevent an accurate count but the opinion of immigration sources yesterday is that the number was: Zero.
It is highly likely nobody who was already classified as a refugee was deported because they had taken part in violent protests. A person who was not a refugee would not be accepted, anyway.
It’s fair to suggest that if the Howard Government couldn’t kick them out or deny them visas, the Gillard government is unlikely to.
One difficulty is identified by the word “refoulement” - the forcible return of refugees to their homeland. It is illegal under treaties Australia has signed.
It is possible an official inquiry would find that many of the rioters at Christmas Island recently had been angry because their asylum applications had been rejected and they were going through appeals and reviews. They haven’t done their cause any good.
The overwhelming bulk of the detention centre population, mostly people on the way to getting visas, did not take part.
If police charge someone from the riot - and often it is difficult to firmly identify the baddies - and they are sentenced to jail for a year or more, their visa applications could be quashed on character grounds.
The important thing is that just as John Howard could not interfere in investigations and any court action, nor can Julia Gillard.
Gillard was not dodging the issue when she refused to give a personal view as to whether people should be charged over the Christmas Island disturbances. There are two reasons.
One is that a direction by a minister, any minister, for police to take action could most likely see a court throw charges out. There would be a challenge on the integrity of the process.
Second, anyone convicted might have their visa applications reviewed on moral character grounds. Any decision to revoke refugee status on moral grounds made by the Immigration Minister cannot be taken to the Administrative Appeals’ Tribunal for a second look. A decision by a public servant can be appealed.
However, if an Immigration Minister were directed by the Prime Minister to see that charges were laid, that minister would be disqualified from ruling on the character issue.
So immediately Julia Gillard appeared to be giving a direction as to how Immigration Minister Chris Bowen should use his discretionary powers in relation to character, he is being seen to be acting under instructions.
In that case, a court would most likely overturn a finding.
The irony is that Scott Morrison and any other Liberal shadow minister is now freer to speak on what should happen to the Christmas Island rioters than Bowen or Gillard.
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