Essay On Australian Migration Act 1958

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

This hinders public access and understanding of their entitled rights by the public. The humanitarian laws on Asylum seekers need to be change with precision and care in order to suit the current situation and protect their rights as it is not respected; in order to uphold Australia’s image as an advanced and democratic nation in this issue. This will give the refugees the rights that they deserve and the “fair go” that embodies our

This table released by the ABS (2014) shows a clear and steady rise of the number of Indigenous prisoners from the years of 2004 to 2014, revealing an increase from 5,048 Indigenous prisoners in 2004 and jumping to approximately 9,264 as of 2014. It supports the estimation of a drastic increase in the ratio of Aboriginals prisoners in future years.

Every year, thousands of people seek refuge in Australia after being forced to flee their homes. Under the UN 1951 Refugee convention, countries are obliged to protect refugees and basic human rights must be upheld. However, Australia is violating these laws. As of August 2013, a report by the Australian Human Rights

Almost all children in Australian detention centres either travelled to Australia by boat without a visa or were born in detention. The number of people arriving by boat rose substantially from

In regards to the safety of children, a solution needs to be implemented immediately, not only because we are obliged to do so, but because it is the right thing to do. The compulsory and prolonged detention causes severe damage to children’s wellbeing and abuses international human rights treaties such as the Convention on the Rights of the Child. This injustice needs to end now. We need to emphasise the human side of the story. Who are the people we have locked up in detention? Babies, unaccompanied young children and teenagers, parents who have lost children and children who have lost parents. These are all human beings. Detention of children is not an option. Children are entitled to their basic needs, including: their right to enjoy the

They realized the purpose of this policy is to reduce the amount of asylum seeker and stop the influx. BBC have published an article about the interview of an asylum seeker Habib, he said “I chose Australia because I think it's a country that cares about human rights”, But after he have been told that they can’t settle in Australian mainland and they have to be detained on Christmas island, He says “it has left me feeling desperate, it is unfair.” This article focus on the fact that this policy caused many negative intense emotions and considerable mental harm to already vulnerable asylum seekers. A large number of detainees suffered a rank of mental health issue including depression, anxiety, anger, testiness, agitation and so on. (BBC,

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

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

Despite being granted a visa to enter Australia as a refugee visa (visa subclass 200) refugees must then satisfy other numerous criteria even more challenging. An example of this is apart from meeting national security requirements and health screening the minister of Australian immigration considers applicants must have a "compelling reason for giving special consideration to granting the visa”. Their connection with Australia, the capacity of the Australian community and the degree of severity of persecution they are faced with

Another important stakeholder in this issue is the children themselves. Almost all of the children present in detention centres are asylum seekers whom arrived in Australia by boat, and are classified as ‘unauthorised maritime arrivals’ (Humanrights.gov.au, 2015). These asylum seeker children all held the same responses to some degree. Their responses were all surrounded by the main aspect of ‘Wanting to be free and safe’.

The immigration policy of Australia has been in a constant state of flux ever since Federation in 1901, when the first legislative piece, the Immigration Restriction Act, was introduced. The Immigration Restriction Act has become infamous in Australian history and throughout the world, more nefariously as the ‘White Australia Policy’. The White Australia Policy was Australia’s seemingly indestructible way of ensuring a White Australia. However, the immigration of European refugees after World War II, which aimed to defend the nation from Japanese invasion, challenged this policy. From 1901, Australia held a strong belief that coloured people, specifically Asians, were inferior and detrimental to the Australian way of life, and did all in it’s

Australia is one of the most prominent destinations for immigrants across the globe. A diversified land inhabitated by multiple communities is commonly known as Commonwealth of Australia. The country has high urban population. Australia is one of wealthiest nations in the world. The country also has liberal democratic form of government. One survey certifies that there is a vast necessity for highly skilled profiles in Australia and to meet this requirement the country welcomes capable immigrants who can be economy boasters

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.

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.