Current policy situation
At present, asylum seekers who arrived in Australia by boat on or after 13 August 2012 and are granted bridging visas are not allowed to work (Correa-Velez, Gifford and Bice, 2014, p. 9). Asylum seekers who are living in the community on bridging visas have no right to a family reunion and are not able to re-enter Australia if they choose to travel internationally.
Australia has obligations to the International Covenant on Economic, Social and Cultural Rights (ICESCR) to promote and ensure “the economic, social and cultural rights of all people in Australia”, this includes asylum seekers (Australian Human Rights Commission, 2013, p. 5). Further, under Australia’s International human rights obligations they are required to permit asylum seekers to live in the community, while their claims for refuge are being processed. Unless they are assessed as posing a threat to the community. If an asylum seeker is considered to be suitable to live in the community, there are strong conditions attached to the bridging visa, this includes a prohibition to work.
The Australian Human Rights Commission (2013, p. 5) argues that releasing asylum seekers into the community while their claims are being processed is beneficial for their health and well-being. Although, little to no financial assistance is supplied. Asylum seekers that are released into the community on these visas are not entitled to claim any Centrelink or healthcare benefits, unless they can prove
The focal issue of this argument is when an Asylum Seeker arrives in Australia without a visa, they are required to stay in detention well beyond the period of time it should take to gather basic information about an asylum claim, health identity or security issues. This can lead to an asylum seeker often being detained for months and sometimes for years. Under the Migration Act (Cth.) 1958 there is no time limit on this detention and only very limited review by the courts is available. The ‘United Nations Rules for the Protection of Juveniles Deprived of their Liberty’, rule 11 (b) (UNHCR) considers ‘detention as; confinement within a narrowly bounded or restricted location, where freedom of movement is substantially curtailed, and where the only opportunity
The resettlement of refugees in Australia is a controversial topic; many people believe that they come here to commit crime, change our culture and steal our jobs. ‘The Happiest Refugee’ has enhanced my belief that refugees should be allowed to live in Australia. I believe that refugees are here to escape war and persecution; they are not criminals, nor do they want to change our culture or steal our jobs. Refugees are generally grateful for their new lives in Australia and they embrace our culture. ‘The Happiest Refugee’ is a source of evidence that supports this.
During 2012-13 Australia’s Refugee and Humanitarian program increased from 13,750 to 20,000 places divided between offshore resettlement and onshore protection. It resulted in 87% rise in the number of offshore resettlement visas granted. The alternatives include indefinite mandatory detention and mandatory detention. Asylum seekers who arrive without prior valid visas usually have to go through mandatory detention. They usually stay in detention for an average of 450 days. Community placement are another alternative. Many asylum seekers from immigration detentions centers are released are placed on bridging visas so they can live in community. Although
In May 2013, the Government made some extension in policy to apply to asylum seekers who arrive by boat anywhere in Australia. Under this system, Asylum seekers who have arrived by boat must be transferred to the third country. Additionally, if these people transferred to third country then their claims of protection will be processed under this country’s law. Reciprocally, if asylum seekers who arrive by boat are allowed by the minister to remain in Australia, then their claims will be processes under Australian law. However, as of June 2013, Australian Government has not yet started processing any claims by asylum seekers, who arrived after 13 August, 2013. This was the step taken by former government maybe under the pressure of its own people who are Australians. As far as Australians are concerned, it is true that Australians are racist and they won’t people of other countries to come and live in their country. Racism can be seen in clubs and pubs where those Australian see other people with angrily and heatedly. Even though, Racism factor is present in Australia; but still it is a beautiful and safe country. Meanwhile, as far as the Australians views are concerned in regarding to asylum seekers who arrive on boats or any other way to
Political unrest and local war happens around the world all the time. Many people live in a dangerous situation and suffered from violence. Hence, large amount of asylum seeker undertakes a huge perilous, try to cross the ocean and arrive Australia. To deal with this issue, Australian government enacted mandatory detention policy and offshore processing policy, these policies become highly contentious in the community with many arguments and criticisms. This report will focus on the nature and purpose of these immigration policies and the impact towards the asylum seeker as well as the criticism form international. To propose some advice about how the future policies should be framed.
The term ‘illegal immigrants’ is a term used by the media to manipulate public opinion and thereby attempt to change or shape government policy. Asylum seekers are not terrorists wishing to corrupt the Australian way of life, but simply victims of western imperial aggression seeking safety in Australian
Australia has a legal obligation towards Asylum Seekers and Refugees as it is a signatory to the UN Human Rights and Refugee Conventions. Furthermore, Australia has a moral obligation based on its membership of the world community.
Asylum seekers have been escaping their hostile countries for decades now, but where are they fleeing to? Not to Australia. With the Australian government forcing asylum seekers to Thailand and other foreign countries, it is lessening the number we, as Australians, have to "deal with", at least that is the government’s plan. Many Australians believe that asylum seekers and refugees don't deserve to come here to Australia, however if those Australians were to be forced to flee Australia due to war, they would support them coming. The point being made is that asylum seekers deserve as much as any Australian. Australia is a free country, and we want the entire world to believe that, so why are we trying to relieve asylum seekers of the joy of
Different Australian government officials all have contrasting views towards asylum seekers. However, the Turnbull government is set to disobey the Australian people’s wants, and keep the asylum seekers away.
This is something the government gets to decide and the system is just not right! I'm sure they would all prefer to live somewhere far away from conflict, war and where they are not scared for their lives in their own house! For example the war in Afghanistan, it has been going on for 13 years since 2001-2014. Having such a big impact on the country and its people. Najeeba arrived in Australia in September 2000 originally fleeing from crossfire of her country's warfare. I quote Najeeba "We have forgotten the devastating circumstances from which asylum seekers come." Which is true! I believe that as Australians, we are completely forgetting the environment in which they were living in and completely looking at if they pose a threat to the country. This is not a right it is a wrong. Therefore showing that asylum seekers should be able to come into Australia like a shelter from the
Australia has arguably the most restrictive immigration control in the world and has very tough policies in place for asylum seekers who arrive by boat. Under Australia 's system of mandatory detention, all non-citizens who are in Australia without a valid visa must be detained, including children. In 2012, offshore processing of asylum seekers commenced and detention centres in Nauru and Manus Island (Papua New Guinea) were established. This new system enforced policies that transferred asylum seekers who arrive by boat without a valid visa to a third country. Once the processing of asylum seekers was completed, those found to be genuine refugees will be resettled in Papua New Guinea or Cambodia, not Australia. The Abbott Government stated that no immigrant who arrives in Australia by boat will be grated a visa, no matter the legitimacy of their claim. In April 2016, the Manus Island detention centre was closed after the Supreme Court of Papua New Guinea found it to be illegal. Current immigration Peter Dutton has made it clear that asylum seekers on Manus Island are the responsibility of Papua New Guinea and would not come to Australia. As well as the hundreds of immigrants in offshore detention centres, there are hundreds more in community detention in Australia. There are currently over 26,800 visa applications from those who are awaiting the outcome of their refugee application whilst living on a bridging visa in Australia.
In the reality, asylum seekers who come across the seas by boat are not welcomed by Australian government. However, in the Advance Australia Fair, it says: “For those who've come across the seas we've boundless plains to share.” Locking up the asylum seekers who come across the seas to escape from persecution in the detain centres is absolutely not the way people share their “boundless plains”. Also the detain centres have a poor hygiene conditions (Greene & Sveen, 2014) and may have frequent raping and beating (Whyte & Gordon, 2014). Moreover, the new Border Force Act that has already assented recently in May (Parliament of Australia, 2015) will probably imprison the staffs in detain centres who tell the public the real situation inside the detain centres up to 2 years. This act will “effectively turns the Department of Immigration into a secret security organization with police powers” (Barns & Newhouse, 2015). Asylum seekers who come over the seas from India, Indonesia or some other countries to find a new home in Australia will not only not being welcomed as what Advance Australia Fair’s says, but also suffer from life threatening conditions in the detain
Consequently the Australian Government has the legal requirements to ensure that the human rights of individuals seeking asylum (engaging under the countries jurisdiction) are respected and protected, under their obligation to numerous international treaties . These treaties specify the right to not be detained arbitrarily. Additionally, as a signatory party to the Refugee Convention, Australia has agreed to a principle known as the principle of non-refoulement , whereby they are obligated to ensure that asylum seekers, who fulfil the definition of a refugee, are not turned back to their origin country where their liberties are threatened (Refugee Council of Australia, 2011).
International law under the 1951 Refugee Convention, permits the right to seek asylum and allocates a responsibility to provide protection for those who lie under the definition of refugee. Since then policies have been modified and used to suit the interests of the government. In particular, the Border Protection Legislation Amendment Act 1999. Authorised the removal of undocumented ships in Australian territory and proclaimed that anyone aboard the ship can be forcibly returned and denied application of asylum. Other legislation, such as the Migration Legislation Amendment Act 1999 makes it illegal for a person to carry people who are not citizens without valid documentation. These policies allow the government to portray itself as strong on border protection and terrorism. This plays well to its core constituencies but is rightly lambasted by human rights organisations and civil liberty groups. Refugees are undocumented people fleeing from their country of origin, so there isn’t a variety of travel options to escape to safety. The policy disclaiming that ‘everyone who lands by boat doesn’t get to stay’ is ignorant to the concept of why people are forced to leave. It’s not a choice to be removed from your country, it's a matter of survival and safety. The core principle of the Refugee convention is that people are not forced to return to a country where they face the threat of persecution or danger.
The fact that Australia is denying these people entry in Australia is an abuse on human rights. It states clearly in the declaration of Human Rights, that australia has signed, that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” these people are not “illegals” as the 71% labels them. Nations for example Canada and New Zealand have no problem taking refugees in less than 2 days. In fact they don’t see any problems with that. So the main question here is why is the australian government keeping these people in offshore processing centres for months and years, wit the people having no idea what the future hold for them. Is there a problem if these people are trying to seek help for their families?