Law foundations essay: refugees
Refugee: a refugee is any person who, owing to well founded fear of being persecuted for reason of race, nationality, membership of a particular social group or political opinion, is outside his/her country and unable to come back. Current policies:
We have a current policy of block and deter unwanted arrivals. To the extent were we make laws to empower our government to not allow shipwrecked innocent civilians to come onto our land. The international doctrine of refugees is the refugee convention of 1951 which outlines what a refugee is, what rights they have, what rights the state has against refugees and prohibition of expulsion. The critical problem is that the Australian government doesn’t adhere to these policies unless its suits them. This is evidenced by the Tampa fiasco. The Australian authority on refugees is the Migration Act, in particular ss 36, 91A-W, 189, 192 and 245. Ss 91A-W is a worrying provision because it narrows the definition of persecution and other refugee criteria to minimise the intake of refugees. While ss 189 and 192 provide for the mandatory detention and removal of refugees. All this clearly shows how the Australian government is denying refugees the basic human rights that we so strongly advocate to the UN. We mask our inhumane treatment of refugees with our migration Act. . On the other hand we have separate policies for wealthy migrants who could invest their money in our country. Those with money to invest are highly sought after as compared to those who don’t. Officially its a non-discriminatory policy however as head and mann point out “ investors to $2M to invest obtain 80 of the points needed for a visa. Australia takes a very small percentage of the worlds refugees because of its remoteness, yet the Australian government is pushing for harsher restrictions on asylum seekers. Practical current issues:
* The TAMPA case
* Temporary protection visas
* The Australian High court...
Please join StudyMode to read the full document