Research Paper On Asylum Seekers

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

For many years refugees have been demonized by the country through the spread of fear and misconception. Furthermore, the disgusting treatment of refugees in the detention camps by the Australian Government has been roundly criticised by the international community.

The detention of asylum seekers on offshore islands has becomes central to Australia’s border security program (Dickson, 2015). The offshore detention, processing and resettlement regime branded the ‘Pacific Solution’ was terminated in 2008; it was reconfigured and resurrected in 2013 (Larkin, 2017). Manus Island and Nauru were closed in 2008 by the Australian Labour government, bringing an end to the ‘Pacific Solution,’ the centres were once again used in 2012 to house asylum seekers by the same government that ended the practice years before (Dickson, 2015). The next year, in 2013, the Australian Coalition government made Australia’s asylum policy even sterner, with ‘Operation Sovereign Borders’, which placed all the control of asylum operations in the hands

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.

Another technique used in the documentary to challenge the viewers’ assumptions was the use of narration to present facts about the refugee situation. These facts and figures give the viewers a truthful and realistic picture of the situation. Some beliefs that exist in Australian society are that we are taking in too many refugees; they are criminals, they are taking over Australia, using Australian tax payers’ money and changing our culture. However, we are presented with facts and figures that change our assumptions. For example, more than 30 million people have fled their homes with nothing but the clothes they wear, boat smugglers charge up to and over $10, 000 US dollars, 13, 000 refugees are accepted annually only 2,000 of those refugees arrive by boat. Despite what many people think, like Raye who believed refugees in Australia are “handed everything on a gold platter,” life in detention centres is hard. In Villawood Detention Centre, over 9 months, three detainees committed suicide and 18 caused self-harm.

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

“My hope finished now. I don’t have any hope. I feel I will die in detention.”
Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014. 
Few social justice issues in Australia have attracted as much attention and controversy in recent times as the issue of asylum seekers. An asylum-seeker ‘is an individual who has sought international protection and whose claim for refugee status has not yet been determined’. In contrast, a refugee is an individual whose protection has been deemed necessary by the UNHCR or a State who is a signatory to the Refugee Convention. 
The issues surrounding asylum seeker has divide opinions and evoke strong emotional responses across the community. We are aware that asylum seekers are often vulnerable people, desperately fleeing civil unrest, warfare and persecution from across the world. We know that Australia is a destination of choice for many people seeking to embark on a new life in safety. And we know that there are people who will exploit the vulnerability of asylum seekers by offering them unsafe passage by sea to our shores. 
There were 584 children detained in immigration detention centres on mainland Australia and 305 children on Christmas Island. A further 179 children were detained on Nauru as at 31 March 2014.

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.

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’.

To address these concerns and ensure that the rights of LGBTI asylum seekers are protected, the Commission recommends that the Australian Government adopt an on-shore processing solution for irregular maritime arrivals. Due to the vulnerable position of sexual minorities in detention, the Commission also urges the Government to implement community detention arrangements for all LGBTI asylum seekers awaiting refugee status determination’s (RSD). In addition, increased opportunities for judicial review following negative RSD’s, improved independent monitoring, the development of guidelines on LGBTI

The refugee crisis has been a contentious issue for the past decade as the amount of people seeking refuge in foreign countries is rising exponentially, with many countries turning to off shore detention as a way to deal with this issue (Coffey, Kaplan, Sampson & Tucci, 2010; Crock, Saul & Dastyari; Ljungholm, 2014). As a result of this influx the demand for human rights lawyers has increased, because the indefinite nature of the detention it is seen to be a breach of human rights (Saul, 2012; Evenhuis, 2013; Ljungholm, 2014). It is evident from the literature that long term indefinite detention of children and young adults has a significant adverse effect on their mental health, both long and short term. The two major themes that this literature

The treatment of children in immigration detention is currently a major topic of public interest in Australia. It has been law in Australia since 1992 that anyone who is not a citizen and is without a legal visa will be detained when attempting to enter the country. This includes children (Humanrights.gov.au, 2015). These children are to stay in detention until they are either granted entrance to the country with a visa or removed from Australia. There is no limit on how long they can stay in detention (Humanrights.gov.au, 2015). Currently Australia is the only country that as a first resort uses compulsory and indefinite detention for child asylum seekers (Australian Human Rights Commission, 2014, p.10). The conditions in these detention

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.