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Asylum Seekers Research Paper

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The prominence in relation to Asylum Seekers and Refugees has become a contemporary issue within Australian society and has amounted vast controversy in the media. A Refugee can be defined as a person who has been forced to leave their country in order to escape war, persecution, or natural disaster as found in the 1951 convention relating to the status of refugees, in which Australia is a signatory to. Every refugee has or will be an asylum seeker. An Asylum Seeker is a person who has left their home country as a political refugee seeking asylum in another but has not had their claim assessed. Asylum seekers have experienced serious breaches of their rights, religious freedom and justice to reach safety. If asylum seekers are found to be …show more content…

The High Court ruled that asylum seekers could be detained indefinitely against their will. The decision was handed down in the case of Al-Kateb vs. Godwin. Ahmend Al-Kateb was a Palestinian man who came to Australia in 2000, with no passport or valid visa, Al-Kateb was detained under the Migration Act. After expressing desire to leave Australia, he was refused, being deemed stateless. The matter was taken to the High Court and revolved around the interpretation of section 196 of the Migration Act and whether there were constitutional grounds to challenge Al-Katebs continuous detention. The court held that unsuccessful people seeking asylum could continue to be held in immigration detention indefinitely question the effectiveness of the Justice …show more content…

People smuggling involves the illegal entry of a person or persons across international borders. It was reported that the ASIO had been involved in cash payments to members of Indonesian smuggling rings. The issue claims that officials paid $30,000 to 6 crew members to turn back the vessel to Indonesia. Resource efficiency would have been achieved with a much lower cost to send back the Asylum Seekers than to process them onshore in Australia. The Criminal Code 1995 would be the most effective legislation in this case. Section 73 of the Commonwealth Criminal Code makes it an offence to provide material support and/or Resources which aid people smuggling and had been reportedly broken by ASIO. The Australian government has been ineffective in the use of the application of the rule of law with the use of illegal

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