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Refugees and Asylum Seekers law (Information (Both of Australia’s major…
Refugees and Asylum Seekers law
Why is this issue a legal issue?
One of the reasons this is a legal issue is the fact is that
some of these individuals come illegally without a visa and by a boat
what laws are involved with this issue
asylum seekers who arrive anywhere in Australia by boat cannot apply for a visa except at the discretion of the Minister for Immigration.
Asylum seekers who arrive without a prior valid visa (by sea or air) continue to be subject to indefinite mandatory detention
a person who arrives by boat without authorization is barred from applying for any sort of visa, including a Protection Visa, unless the Minister for Immigration personally intervenes to “lift the bar”.
What is the Catholic Church’s position?
The Catholic Church teaches that anyone whose life is threatened has the right to protection. Whether because of persecution, armed conflicts, natural disasters, or economic conditions that threaten their lives or physical integrity. It is the element of persecution, threat or danger, or being forcibly displaced that gives rise to a right to seek asylum rather than to migrate through ordinary channels.
What human rights issues are involved?
Until December 2014, asylum seekers who arrived in Australia by boat after 13 August 2012 and subsequently released from immigration detention facilities on Bridging Visas were not eligible to work.
Information
Both of Australia’s major political parties have attempted to address this issue through deterrence-based policies which block access to protection in Australia and impose penalties on people who arrive by boat.
a consequent increase in deaths at sea between Indonesia and Australia (at least 862 deaths recorded over the same period).
Recent years have seen numerous changes to Australia’s refugee and asylum seeker policies, largely as a political response to an increase in the number of asylum seekers arriving in Australia by boat (51,637 arrivals in the five years to December 2013)
During the 2012-13 financial year, the size of Australia’s Refugee and Humanitarian program was increased from 13,750 to 20,000 places, divided between offshore resettlement and onshore protection. This was the largest increase to the program in 30 years and resulted in an 87% rise in the number of offshore resettlement visas granted.
The average length of detention for people in closed detention facilities was 450 days, with 541 people (39% of the total detention population) having been detained for over a year and 314 for more than two years. As of 30 April 2017, there were under 5 children held in closed detention facilities in Australia.
Who has the power in dealing with this issue
The UN has the power dealing with this issue
What is the role of the Australian government in this situation?
assist people in humanitarian need overseas for whom resettlement in another country is the only available option; and
comply with Australia's international obligations onshore under the Refugee Convention.