The government might strip some asylum seekers of their work rights. Here’s why it shouldn’t
- Written by: Weekend Times
Migration is never far from the headlines, but it’s particularly topical this week in the wake of One Nation announcing its policy on the subject.
It comes as the federal government
is expected to announce its policy on the topic in coming days. While no firm details have been revealed, it’s been reported the government is considering restricting the work rights of asylum seekers while they appeal visa rejections.
Should the government decide to do that, there is little doubt it would have dire consequences for the livelihood and wellbeing of asylum seekers.
We know this because our research shows early access to work rights and other government support significantly improves employment outcomes for asylum seekers in Australia. The benefits of early work rights continue to matter even after ten years of permanent residency in Australia.
Withdrawing asylum seekers’ work rights would not stop them from working. Instead, it would push them into precarious, unsafe and exploitative employment. In turn, this would create an even more vulnerable population requiring further support down the track.
Who gets to work?
The Universal Declaration of Human Rights, to which Australia is a signatory, guarantees all people the right to work.
For asylum seekers in Australia, that’s only partially true. Some are allowed to work in Australia, but work eligibility depends on the specific type of visa granted.
The most consequential are bridging visas, which are temporary visas that allow asylum seekers to legally reside in Australia while their asylum applications are under review or while they appeal a visa decision, or make plans to leave Australia.
Work rights on these visas depend on the specific bridging visa that asylum seekers are granted. Some people receive bridging visas with a condition that prohibits work rights.
Asylum seekers granted temporary protection visas and safe haven protection visas have the right to work.
The benefits of work
Paid employment has material, social, personal and psychosocial benefits for asylum seekers.
Employment provides a way for asylum seekers to support themselves financially. But it also promotes individual health and wellbeing benefits, such as self-realisation and dignity.
Previous research shows paid employment is a source of empowerment, increasing self-worth and hope for the future.
Employment also supports integration into Australian society. A workplace is a site of social connection that can foster relationships beyond the immediate family and ethnic networks.
Our research published in the Journal of Ethnic and Migration Studies shows asylum seekers with immediate work rights in Australia have better short-term and long-term labour market outcomes.
They also report feeling a sense of security. In addition to enhancing financial security, work rights offer stability and reassurance during a highly vulnerable period marked by uncertainty about one’s immigration status and restricted access to government support.
What happens if they can’t work?
Research also shows that prohibiting work rights among temporary migrants does not discourage them from working, but rather pushes them further into precarious and exploitative employment.
The experiences of asylum seekers in countries without work rights, such as the United Kingdom, confirm this. Asylum seekers without work rights engaged in unauthorised work and were easily exploited by employers.
They were often paid late and below the minimum wage. Some circumvented their work restrictions by acquiring false paperwork and were subject to criminal convictions after being caught.
Asylum cases are complex. Even when asylum applications are unsuccessful, the voluntary return or deportation of asylum seekers can be delayed or not feasible. This can happen if foreign governments do not cooperate or provide travel documents to return asylum seekers.
Under these circumstances, asylum seekers still need a financial way to support themselves until they leave the country.
Asylum seekers can also appeal visa rejections, which may well be successful. With little access to government support, they need to be able to finance their lives while these processes play out.
The denial of work rights may also create other unintended consequences for the government, including dependence on state welfare for those eligible, or community sector support.
Highly visible targets
Debates about immigration are at fever pitch with a focus on reducing the numbers of migrants coming to Australia.
Asylum seekers are a particularly visible type of migrant. They’ve long been subject to negative public perceptions and widespread misunderstanding, largely as a result of intense political campaigns.
In response, successive Australian governments have adopted increasingly restrictive measures, including mandatory detention as a means of managing asylum seekers and deterring further migration.
In this way, any attempt to curtail the rights of asylum seekers would fit into a decades-long bipartisan pattern of targeting a very small group of migrants.
Read more: Australia has spent 25 years ‘stopping the boats’, but that’s not the same as controlling migration
What should be done instead?
Evidence-based policy suggests providing early access to rights, including work rights, is crucial.
The timing is key. Integration is a long process. Immediate access to employment, housing and training can help people feel at home in, and contribute to, their new home country sooner.
This is a key takeaway from Sweden and Norway, where humanitarian immigrants had early access to work rights and other government support.
But, of course, work rights alone do not guarantee employment. These rights should be supplemented with resources such as English language courses and employment support to ensure this vulnerable group is protected and fairly treated.
Rennie Lee receives funding from the Australian Research Council for the Centre of Excellence for Children and Families over the Life Course.
Janeen Baxter receives funding from the Australian Research Council for the Centre of Excellence for Children and Families over the Life Course and a Kathleen Fitzpatrick Laureate Fellowship on Bringing Equality Home.
