‘The Tampa Decision: Examining the Australian Government’s prerogative power to detain and expel unlawful non-citizens in 2001’ The executive power of the Commonwealth has largely been neglected, both by the High Court and by commentators, receiving scant attention in comparison with the Commonwealth 's legislative and judicial powers. However, it was just fourteen years ago, in 2001, when a Norwegian cargo vessel MV Tampa being denied entry into Australia after rescuing 438 asylum seekers sparked one of the most controversial yet illuminating civil cases in Australian legal history. The result was a civil suit (Ruddock vs Vadarlis 2001) in which the Federal Government successfully appealed the initial ruling to the Full Court of the Federal Court of Australia, where it was found that the government does indeed possess a prerogative power to prevent the entry of non-citizens into
The caption ‘Let them stay’ is a play on words as people usually say this to let other people stay in Australia, but in this context, it is the opposite as we want them to never arrive in Australia and continue to stay in the detention centres. WHAT
These children are often time themselves kidnapped from their own homes or off the streets and have nowhere to go but to a recruiting army. Megan Nobert writes in her doctoral dissertation, “Children at War: The criminal responsibility of child soldiers” Although a large number of countries have signed and ratified the UNCRC, very few have actually implemented the document. This failure could be attributed to a lack of resources available to poorer countries of the world, which prevents them from implementing a number of the measures necessary to protect children from poverty, labor, and a life lived on the streets. (Nobert 4) These children that are all alone in search for acceptance and care feel as if the only place they can get it from is recruitment groups.
Under the traditional law, asylum was recognised as the right of the state to be conferred, in its discretion, and individual could only request for it and if granted enjoy it. Unfortunately, all the efforts to ensure right of asylum to every person fearing persecution have been forestalled by states. In the last few years U.S.A, Australia, Germany, France and other European countries to name a few, are increasingly putting into practice restrictive asylum policies in order to deter and to prevent asylum-seekers from seeking refuge in their territory.
Australia is the only country to have a system of mandatory detention where every single parent, man, woman, child who arrives here without a valid visa or illegal visa must undergo immigration detention immediately. The issue with the refugee treatment and mandatory detention in Australia is that their minds are so vulnerable and stressed after leaving their country. Detention can harm asylum seekers and refugees because they are indefinite meaning the government can detain people for the course of their life which has severe effects on a person’s emotions and wellbeing. Studies have shown that refugees who have come from a warfare filled country have and increased chance to undergo depression, self-harm and even attempt suicide when under a type of imprisonment such as immigration detention.
Introduction Australia is said to be a multicultural and multiracial country. So why can’t we, as a country and as a nation, say yes to immigrants fleeing from a different country? As immigration to Australia is supposably apart of our history and it would be wrong not to continue on with the actions of our ancestors. Paragraph 1 As of 2014 – 2015, Australia accepted 13,750 refugees in total. Paragraph 2 • What are refugees and asylum seekers?
Under our current president, deportations of illegal aliens are said to have increased drastically since he stepped into office in 2009. The deportations under the Obama administration is believed to have passed numbers as high as two million in a single four year term. These numbers are greater then the previous presidents' deportation numbers in both of his terms, eight years. Mr. Obama's numbers at the surface look astonishing, he has even proclaimed himself as the " deporter-in-chief ", and at first glance at the facts no individual can really argue with these numbers. But if you search further into the facts it will be found that most of the deportations under the Obama administration occur very close the American Mexico border, actually
Recently, the case of the child soldier in Guantanamo has drawn attention to the topic of whether child soldiers should be
Australia has been labelled as the country of mateship, fair-go and tolerance, but the mistreatment of Asylum seekers in Australia denies these values. In our anthem we sing “For those who’ve come across the seas, we’ve boundless plains to share”. It ironic isn’t it? As when Asylum seekers arrive in Australia we do not offer a hand of mateship instead we use punitive matters such as sending them to mandatory detention, which shows how xenophobia is manifested in Australia (Ariyawansa,
The most important reason why child soldiers should be granted amnesty is because it is not their will to commit these crimes, it is simply being forced into act they would never commit unless their life was on the line. Emma Gordon, writer on E-international Relations Students says, “Children are often abducted at a young age, brutally initiated and forced to commit heinous atrocities, they are undoubtedly victims of these conflicts” (2011). Gordon uses the word “abducted” which shows that most if not all of child soldiers don’t chose to live that way. Additionally, the bulletin health
In Australia, refugees and asylum seekers are treated like the enemy in a war: the target of a highly resourced, military-led “deterrence” strategy complete with arbitrary detainment, detention camps, guards to terrorise them, forced deportations and the violent suppression of those who protest. Australia is failing to meet the standards required when regarding the treatment of asylum seekers. It is fact that asylum seekers make up less than 3% of Australia’s annual immigration yet the idea is being distorted to that of which they will overpopulate a country that prides itself on being a multicultural society. I want to shed light on the misconception that asylum seekers are not ‘legal’ when in actual fact it is a human right to seek freedom.
Families entering the refuge countries suffer from displacement and separation, grief and mental agony, gross violence in their countries of origin and are needy, helpless and vulnerable who need to be taken care of. Australia for example has ratified numerous
The case of Chen v Minister for Immigration and Border Protection (2013) 216 FCR 241 presents a valuable example of a real-life situation that highlights the significance of understanding and interpreting the law that applies to Australian Migration practice. The case was about whether a valid visa application has been made by the appellant in accordance with Regulations 2.10 of the Migration Regulations 1994 (Cth) (the Regulations) which required applications for particular visa be made at an “office of immigration” in Australia. LEGAL ISSUES RAISED BY THE CASE: • The Minister did not consider Chen’s visa application for Class DF subclass 892 as valid because the application reached the Department’s Processing Centre one day after her existing
Such statements enabled child migration societies to restart their programs and solicit financial support under the Empire Settlement Act . Although the government originally planned to take in a large number of children, only approximately 3000 children formed the post-war immigration to Australia. In contrast to the inter-war years, the British government was somewhat reluctant towards child migration after the Second World War. Sentiments had changed, particularly due to the 1946 Children’s Act and Ross and Curtis Reports which emphasised the rights of the child, the need to maintain bonds with parents and brought up concerns over child care and supervision within Australian institutions. In the wake of the legislation, sentiments
The more powerless and vulnerable the individual, the more significant their ethical claim. Since each person, paying little respect to one's lawful status or geographic area, has a transcendent dignity that must dependably be regarded, individuals progressing ought to appreciate the full scope of human rights, and others have an obligation to see that they are regarded, secured and satisfied. "Refugees and asylum seekers are humans, and should enjoy the whole range of human rights. Unless there are compelling reasons to believe that refugees or asylum seekers represent a serious danger to the common good, they should not be interned. Furthermore they should have access to work and thus the opportunity to fulfil their duty to contribute to the common good” (Australians Human Rights Commission, 2014).
