Refugee Claims Of Asylum Seekers example essay topic

Refugees are people who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership to a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who not having a nationality and being outside the country of his former habitual residence as a result or such fear, is unwilling to return to it. Legal measures for refugees to enter places like Australia are heavily restricted due to overcrowding of the processing system and Australia deterrence of refugees. Australia has a legal responsibility not to return a refugee to persecution in his or her country. & Must respect the human rights of refugees.

Australia must protect refugees on its territory regardless of wether the entered Australia without permission. Australia has a legal duty to protect persons who fear return to their home country because they have been victims of torture & other serious human rights abuses. There is a myth going around that Asylum Seekers are Illegal This is untrue. Under Australian Law and International Law a person is entitled to make an application for refugee asylum in another country when they allege they are escaping persecution.

Article 14 of the Universal Declaration of Human Rights states that "everyone has the right to seek and to enjoy in other country asylum from persecution". People who arrive on our shores without prior authorisation from Australia, with no documents, or false documents are not illegal. They are asylum seekers - a legal status under International Law. Australia tries to deter unauthorised asylum seekers from seeking protection by: 1.

Preventing boats carrying asylum seekers from landing on Australian soil. 2. Declaring territories external to the mainland of Australia to be outside Australia's "Migration Zone" to prevent asylum seekers who land on these islands applying for Australian Visa. 3. Detaining them 4.

Restriction the information giving to them about there legal rights. 5. Reducing the quality of there protection. 6.

Paying other countries to process the refugee claims of asylum seekers who would otherwise come to Australia and. Interpreting the refugee definition narrowly? Laws passed in 1999 and again in 2001 to help protect its boarders from people arriving without permission.? The Changes allow Australia to refuse refugee protection to refugees who have passed through "safe third countries", where the refugee could get help. Changes in 2001 extended these exclusionary provisions to refugees applying from overseas under the government's "regular" refugee and humanitarian entry programs.? The Tampa affair in 2001 led to the creation of a new regime for the interception and processing of asylum seekers outside Australian territory, two new visas were created for refugees, persons fearing gross abuse of their human rights and women ate risk of victimisation, harassment or serous abuse because of there gender.

For those processed overseas, temporary entry for five years is available if they can demonstrate compelling reasons for the grant of a visa, including a connection with Australia. A (permanent) protection visa is the only visa available thereafter and unless the Minister allows otherwise, can only be sought after for and a half years in Australia. Australia no longer uses the internationally recognised concept of 'well founded fear of persecution' as a basis for identifying a refugee. Instead, Australia had limited the effect of the refugee convention. Australia requires an asylum seeker to prove that the reason for his or her fear of persecution is 'the essential and significant reason' for the fear. As well the person must prove that the persecution involved 'serious harm the person', and 'systematic and discriminatory conduct', According to many commentators these requirements do not exist in international law.

I think this is a little unfair because most refugees are not able to travel through conventional channels because they cannot obtain a passport from the government that is persecuting them, or they are fleeing from. Identification documents enable not only Australian immigration officials to determine identity but also representatives of the regime people are fleeing. This places relatives within countries like Afghanistan and Iraq at risk. Moreover, people fleeing from political persecution are at greater risk within their own country if they can be identified when they are on the move. Australian law discriminates between onshore asylum seekers who enter on valid visas and asylum seekers who arrive without permission. Unauthorised onshore asylum seekers and asylum seekers processed offshore under the new arrangements granted refugee status receive fewer benefits than refugees who arrive with a valid visa or who apply for protection outside Australia under the auspices of UNHCR.

Australia's linking of the onshore and offshore refugee programs encourage more asylum seekers to enter Australia without permission, since they cannot gain protection through legal channels. Changes made in September 2001 narrow then legal gateways for asylum seekers overseas even further and will force more people to use illegal means to reach Australia. By restriction the availability of judicial review Australia has created unequal justice for asylum seekers.