Tony Abbott said yesterday that if he was Prime Minister he would introduce a policy that sends asylum seekers “back” if they arrive without identity documents.

When I heard this, my stomach turned. Like every other lawyer who provides advice to asylum seekers, I know this approach ignores the realities of obtaining identity documents in countries where persecution is rife.
Sensibly, Julia Gillard rejected “turning boats back”, saying that it would set Australian customs and defence officials up for sabotage. She also pointed out “the practical reality that there is nowhere to turn boats back to.” But for me what gets lost in the asylum seeker debate is the fact that we are dealing with unique people, with unique stories to tell.
The most heartbreaking consequence of a ‘one-size-fits-all’ approach to processing asylum seekers is that we, as a nation, turn a deaf ear to individual stories of horror and courage, stories that, when told, compel us to respect and protect the freedom and dignity of the individual.
I want to tell you about my personal experience with “boat people”. Earlier this year I travelled to Christmas Island to provide immigration advice to asylum seekers, many of whom had been waiting for up to six months to see a lawyer.
I walked into an interview room to see my newest client, Abdul* - an Afghan man in his early 20s. As we exchanged greetings, a hopeful smile spread across his face.
I said it must be a relief to have legal advice after several months in detention. He replied through our interpreter: “Yes, it is very nice to finally have a lawyer. But it is even nicer to have a young woman as my lawyer– what a great country Australia must be.”
I was delighted but also taken aback; this, from a 21 year old man from rural Afghanistan.
The reason why Abdul was excited his lawyer was a woman became obvious as he told me about his harrowing escape from Afghanistan, through Pakistan and finally out into the ocean on a leaky boat from Indonesia.
Abdul needed protection because he was persecuted by the Taliban for his political opinion – his unshakeable conviction that the girls in his village had a right to education.
I listened to Abdul’s story, humbled by the courage he had shown, inspired by the incredible risks he had taken to stand up for the people who he believed were the most vulnerable in his country - women.
My job was to record his experiences so he could seek an assessment of his refugee claims by the Australian Government.
When our interview had finished I looked at my notes and said: “I have described your political opinion, the reason that you have been persecuted, and why you would be at risk if you returned home, as one of the belief in equality between men and women, contrary to the beliefs of the Taliban. Is there anything you would like to change?”
“I would like to change that a little,” he said and I wondered if I had misunderstood what he had told me.
He went on, “I would like you to say ‘my very strong belief’ in the equality of men and women, and particularly in the right of women to education.”
Abdul’s refugee claim was successful. A man who sacrificed his language, his culture, and his life with his family because of his commitment to women’s rights is now making his life in a country with a female prime minister and a female governor general. I share Abdul’s enthusiasm: Australia is a great country indeed.
Abdul arrived without a scrap of documentation to his name. He left Afghanistan, as most asylum seekers do, by travelling in a “smuggler’s” car across the border to Quetta in Pakistan.
There he met another “smuggler” who assisted him in obtaining a passport in another name, which he was required to hand back in Indonesia.
Under Tony Abbot’s new “policy” Abdul would be sent back to Afghanistan, to – I personally am convinced – death at the hands of the Taliban. Under a one-size-fits-all approach, Abdul’s story would not be heard.
Not every case will be as compelling as Abdul’s. But when people ask for help we owe it to them to listen.
The problem with any policy that denies groups of people – like Afghans, or people who arrive without documentation - the right to seek asylum is that we as a nation turn a deaf ear to stories like Abdul’s.
When we refuse to provide those who seek protection with the basic courtesy of responding to their individual story on its own unique merits, we lose a little bit of our decency and we, as Australians, all have a bit less to be proud of.
*All names and identifying details have been changed to preserve client confidentiality
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