Australian Law Relating To Refugees And Asylum Seekers Essay

Question:

Describe about the Australian Law Relating To Refugees And Asylum Seekers.

Answer:

Introduction

This report is related to analysis of current law relating to asylum seekers in Australia and what reformation it require in relation to international standards. A refugee is defined by the United Nations Convention Relating to the Status of Refugees 1951("Refugee Convention")[1]. It further identifies the status and protection given to immigrants who are facing adversities in their country. Finally, the report gives an idea related to the concept of asylum to render protection to those who are in need. A person who has left his country for the purpose to seek protection is called as an asylum seeker. As per United Nations Convention relating to the Status of Refugees, as amended by its 1967 Protocol, a person who is living outside his own country and is incapable to return due to a threat of being badly treated because of his pursuit, belief, nationality, political opinion etc[2]. An Asylum seeker is forced to leave his own country and returns until the situation in his own country is improves. Australia is providing home to Asylum seeker reaching through sea and air. Australian law relating to asylum seeker is stringent against irregular migration. They are detained for an indefinite time period. The current law requires amendment as it is against the UN convention 1967. The core principle behind this protocol is to assert that a refugee doesn’t face a threat to their freedom in foreign country. Australia although provides a safe stay for the asylum seeker but the current law related to detention is posing difficulty. The law related to detention is vague that is posing difficulty on UNHCR 1951 convention & 1967 protocol safeguard the interest of refugees[3]. According to the mentioned protocol it is the duty of every country to protect the interest of every refugee[4] seeking shelter. The current law relating to refugee and asylum seeking is moderate which is causing irregular migration inside Australia raising security concern. Moreover detention for an indefinite period with a lesser legal support is raising a need for improvement in the country. Under such a situation there is a necessity to reform the current law related to asylum seeker providing more relaxation to the asylum seeker[5].

Universal reality in context of Refugee concern

The bureau of the United Nations high commissioner for refugees (UNHCR) approximations shows that there are 42.5 million compulsorily banished individuals worldwide. They include refugees, asylum seekers and emigrant individuals. The number and the magnitudes of each classification have shifted slightly. The total number of migration is shifted in the recent years which have affected the global concern (Source: UNHCR Global Trends 2011).[6]

Refugees are facing high tribulation and are facing problems related to the basic necessity which is grabbing the concern of each individual. Pakistan, Iran and Kenya provide four-fifths of the world’s refugees. 80 percent of people who leave their country reach the adjacent country to take shelter .In 2011 Pakistan provided an asylum to 1.7 million listed out of which about 1 million unregistered immigrants. The Islamic republic of Iran provides asylum to approximately 900,000 listed refugees. These authenticities extremely overstress local possessions and arrangement in these nations and many others, and subsidize to forward activities[7].

This problem is escalating in serious parts of the Middle East and south Asia. Governance and safety measures in home country for migrant movements, and in countries of asylum, decline.

According to UNHCR, in 2009 practically half of the world’s immigrants lived in cities and towns equaled to about one-third who survived in campsites. Urban expatriates face a variety of lawful, monetary, social and language barriers. They may have liberties and chances to assimilate locally into the public but they also look a range of fortification dangers, comprising the risk of detention and custody, refoulement, nuisance, mistreatment and judgment. Development can also make it extra tough for UNHCR to find residents in requirement and to afford crucial facilities.

A large number of refugees and asylum seekers are facing prolonged dangerous conditions around the world, together in camps and town sites. There is a lot of critical issue related to the smuggling which can take place in Australia. The number of movement taking place in Asia Pacific is a part of irregular migration which needs a special attention. The number of unbalanced refugees is suggestively subtle in systematic investigation. It is assessed that 30-40 per cent of all movement currently in Asia which take place through asymmetrical frequencies, abundant of intra-regional[8].

Asia pacific area presently has more than 3.6 million immigrants which are around 24 per cent of the total world immigrant populace. Those states which are party to asylum are immature in making any decision. There is an absolute difference in between the level of intake of refugees. It is the duty of United Nation to look after the rights of the refugees in case of proper national system. Refugee concentration in the Asia pacific is problematical by varied movement of immigrants. There are differences between compulsory movement and unequal labor relocation to and within. These issues are currently increasing which is posing a difficulty on different countries. Progressively, the two interconnect to generate diverse relocation flows: financial emigrants, refugees and asylum seekers go in the same course, by the identical ways and manners of carriage and fronting the same dangers en route[9].

Analysis of law relating to Asylum Seeker

The whole world is facing various, difficulty and multifaceted disputes in relation to the irregular movement of people across the borders. These challenges in Australia are facing a particular set of strategies and situations that are the creation of international realities. There are rising numbers of people looking for protection in Australia through unsafe and irregular journey. It is expected that in coming years, the number of people in search of asylum internationally, is possible to increase significantly. A harmony in the Australian parliament is looking to formulate policies in response to the present situation, locally and internationally. Additionally, while there is a huge necessity to speak regarding the range of encounters in the Asia pacific section which is both obligatory and anticipated. Global stress has led to enforcement of policies in Australia for national interests across a comprehensive range. They are engaged in implementing a major autonomous concern in, and duty for the integrity of Australia’s borders.

The government is formulating policies keeping in mind the current and future situation of the country. They involve an emphasis on global environment in which unbalanced migration and asylum causing a huge harm to the nation’s security. Government is formulating policies to restrict accessible travel of networked people trafficking processes and mediators of conspiracy in various countries[10]. The present realities have engaged Australia to respond to the subsequent benevolent needs in the background of global obligations. It is upholding the purpose for many decades in response to the global urgency. The existing condition engrosses national capabilities in relationships of building local and wider world-wide sustenance for operative security preparations over the short and longer time period[11]. The right of Asylum seeker is protected by Australia through the Universal Declaration of Human Rights and a number of international Conventions as amended by its 1967 Protocol (the Refugee Convention).

Australia is been accused by international human rights organization for violating international policies. The country is recognized by Amnesty International as country violating international law by forcefully sending people to the country where they might face risk. Many cases related to rape and sexual assault was reported from the offshore processing center. Moreover the current law lack child protection framework which need special attention. Special attention need to be given on protecting children against exploitation.

Under the Migration Act 1958 (Cth) asylum seekers arriving in Australia without a valid visa are held in detention until they receive a valid visa from the government. Moreover there is no limitation under the law related to the length of time for keeping an immigrant in detention. Sometimes they have to spend long time in immigration detention waiting for refugee claim. There is no time limit on detention with very limited review by the courts. Long-term, undefined and effectively unreviewable obligatory detention of children is the key concern in law relating to asylum seeker. There is a necessity to address changes in law related to detention in Australian law. There is a necessity to reconsider the law related to detention of refugees arriving in Australia. Asylum seekers in Australia do not have information about their rights and it is difficult for them to access legal advice as detention centre are located at remote areas.

The total number of IMA’s who have reached Australia are 30,500 people who arrived illegally by boat before 1 January 2014. There is an increase in immigrant’s numbers per boat entrance in Australia[12] in recent years.

Australia assesses the entitlement rights of the individuals who have applied for the asylum. The government has a right to accept or reject the application .It Depends on the Human Rights law & Migration Act 1958 which provides protection to those who needs it[13].

Australia put forward its additional capacity to emigrant protection through its ancient generous concern over the humanitarian concern. The humanitarian program guarantees protection to the refugees across the border. The government provides them with the protection visa. It involves both the off shore and onshore displacement. The current law has restricted the number of asylum seeker entry into the country for meeting security requirements[14].

2011-12 humanitarian programs have caused preparation for the onshore security system. The country sees a growth in onshore contribution and savings in SHP grants as only 714. It is demonstrating to be a burden on the current Special Humanitarian Program claims. A large section of the former of the submissions for immediate family members have been projected by former IMA’s are staying in Australia[15].

Requirement of reformation

The Australian government is significantly increasing the resource allocation to boost up the regional protection and motivation for further development of local assistance agenda on safety and asylum systems. There is a lot of illegal movement of refugees from Indonesia which is causing a threat on the safety of the country. People are using irregular means to enter in Australia that is posing a threat on the regional security. In recent past the country has witnesses a lot of irregular migration from Indonesia which has affected the life of innocent people. There is a need to form a mutual cooperation agreement in order to safeguard the interest of each individual. There is a need to form strict law to restrict the entry through illegal voyages. Both the countries should form a mutual agreement to safeguard the interest.

There is a necessity to look into the matter of continuous illegal movements from Malaysia which has substantially increased the number of refugees. The panel commends an added operative government strategy is necessary to be developed for engaging with home countries for asylum searchers to Australia. This will help in emphasizing on a substantial growth in migration places provided by Australia to the Middle East and Asia regions[16].

The current law depicts severe policies for detention of refugees if they arrive through boats or without any proper Visa. Undefined detention period without proper legal knowledge causes threat in the mind of the asylum seekers. There is a need to introduce reformation measures in detention policies as per the requirements. Another major problem is the detention of children which need a special consideration.

Recommendations (What Should be The Law)

The current law supports indefinite detention of unauthorized migrant that is supported by the Australian High Court in the case law of Al-Kateb v Godwin that a stateless person can be detained for an indefinite period is wrong on the basis of fundamental human rights. The panel endorses that legislature should control the movement of the refugees in order to eliminate the problems faced while transferring from one place to the other. It is recommended to present the matter in the parliament as a subject of resolution. Future movement of refugees in a country should be regularized through a proper mechanism[17]. The right lies with the Australian government to regularize the movement of the refugees and to enact the law accordingly.

Family reunion

There are further recommendations regarding the current accumulation in the migration due to family reunion which is causing chaos through unbalanced and hazardous maritime journey to Australia. It can only be eliminated through sponsoring easy and simple family reunion law. Government wants to bridge the gap to reunite the families instead of a wrongful mean through streaming migration program.

It is recommended that those people who arrive through the irregular maritime means should not be qualified to be the benefactor for their family under the SHP. This will guarantee the smooth functioning of the refugee’s movement in Australia. The family reunion program need to be framed while guaranteeing the nation safety. Sometimes the migratory take a wrongful medium to reach which not only harm the individual life but is affecting the current security condition.

Other recommendations

Australia encourages more vigorously matched approaches between customary and emerging relocation nations to generate more chances for resettlement as a series of its new local and global provisions.

The Migration Act 1958 [18]views the arrival in Australia by unbalanced maritime means which will not bring personages with an assorted legitimate position than those who attain in an excised offshore place. Further the act endorses that a thorough review of refugee status determination (RSD) is mandatory to be implemented[19]. It is recommended to amend The Migration Act to make sure that asylum seekers who enter Australia by boat are prohibited from the country for life. The amendment will stop irregular arrival to Australia. There is a necessity to apply for a systematic procedure to attain visa. This will give a clear message to the smugglers to stop illegal immigration. There is a need to amend the law relating to detention of the irregular refugees. It is recommended to provide them safety rather than keeping them under grave conditions. There is a necessity to amend the provisons mentioned in the law related to detention of irregular migration.

An Effective government strategy needs to be established to transfer the better consequences on confiscations and proceeds on failed asylum seekers and refugees from other countries. Interference strategies need to be persistent as a part of any wide-ranging method to encounters people trafficking. Government need to delegate special Australian agencies to look into the matter. This will reduce the chances of threats caused through the wrongful entrance. Law enforcement agencies in Australia are playing a significant role in opposing the connection of Australian occupants who are involved in the wrongful activities of smuggling the refugees from a foreign country[20].

The present condition reflects the unethical vessels carrying asylum seekers to be met efficiently. Australian government is facing a problem to implement the policies to change the current as well as the future condition. Bilateral agreements need to be given special preference while balancing the current situation related to the asylum seeker[21].

Australian government is currently working with the countries of other government to simplify the system to seek asylum. This can only be achieved by adopting a uniform procedure tor by incorporating national systematization preparation in the system jurisdiction[22].

There is a necessity to review the offshore and the onshore programs within a period of two years to increase the efficacy. The components of the humanitarian program should be reviewed from time to time. A well-mannered research program needs to be established in order to fulfill the current situation. Government should include the private agencies to address the problems caused by the asylum seekers. A well-funded research program is essentially to be address in the present scenario[23].

Necessity for reformation

There is a necessity to reform the current law related to asylum seeker in order to safeguard the interest of people who are arriving in Australia in order to seek asylum. Firstly the time period related to detention need to be defined. Asylum seekers have a little knowledge regarding the legal system. It is recommended to provide them with proper reformation measure in order to attain basic rights during their stay. There is a necessity to ensure that they are given all the basic rights as the other citizen. Migration Act 1958 allows the regional shift of person from other country to Australia for seeking asylum claims. The act supports the claim of individual on the basis of the rules and guidelines given in the act. The act also suggests that if any person enters Australia by a wrongful manner is not allowed to be given shelter or benefits mentioned in the act. Migration Regulations 1994 amendments ask to stop prospective IMA’s to proposer in future. The act allows the asylum seekers to move inside Australia on a temporary visa. They have a right to enjoy the claim like a normal citizen under certain restriction till the designated time period. All the legal guidelines are ensuring that the theory of no benefit to be applied in relation to IMAS which is being processed under the local arrangement. The main reason behind implementation of the policies under the act is to safeguard the interest of the nation[24].

However there is still opposition on the matter of seeking asylum claim in case for refugees who are arriving through irregular means. They are detained by the government for an undefined period. There is a need to introduce changes in the current policies related to detention. Mandatory detention is a part of Australian migration law that need reformation. Although it is putting restrictions on illegal migration across border but this is actually undermining the purpose of safe stay. The parliament has to make an arrangement about capability under the Migration Act 1958 to forbid the device allocating a country as a local dispensation setting[25].

Other Challenges & Reformation measures

The case of international migration has increased in current decades. It is due to the political, economic, social and humanitarian considerations taking place in the different countries. The growth of worldwide relocation is creating uneven flow of people across the border which is creating a burden over the host country.

The current fundamental occurrence of irregular migration is causing a loss of many lives at the sea. A report states that there was a loss of 964 asylum seekers who came through the sea route through voyages from late 2001 to June 2012. 604 people lost their lives since October 2009. The condition of survivors has been very critical. Many of the voyagers suffered from a long term physical injury[26].

The current situation needs to be dealt efficiently to reduce the chances of life threat. The recent data has shown that people are causing harm to seek asylum in Australia. Government need to emphasize on policy decisions offered, and in its measured judgment. Australia is facing serious challenges which include effectually protection of borders, safeguarding uniformity between Australian policymakers and responsibilities. This is only possible by managing under local and international law, preserving long-lasting Australian public support for the relocation and humanitarian programs, consolidation of the basics needs of the refugee and humanitarian program, persistent Australia’s extremely effective immigration program by encouraging and simplifying more operative and better harmonized regional assistance provisions which will improve the convenience of protection for asylum seekers. Their entitlements are being administered and deliver robust results, including better access to timely and fair handing out of asylum seekers’ rights for refugee position. Safety and support includes the claim which are being resolute and consequently, comprising assurances against refoulement and arbitrary confinement, access to education, employment and health care and other basic necessities. They are extended all the basic facilities which are essential in their benefit. Government has expanded prospects according to which an unpaid repatriation, native incorporation or immigration confirming that those who pick uneven and treacherous voyages to Australia to seek asylum should not be given an advantage over those who seek asylum through systematic migration paths and conventional transnational schedules.

The government is applying more dynamic government strategies in relation with those who want to seek asylum while following applicable policies at nationwide and local stages to fight people smuggling and causing a dreadful loss of life amongst individuals making unbalanced journey to Australia. It is essential to Identify, and prevents, the development of individuals smuggling operations which are adaptive, tactical, networked and merciless in misusing market positions and rule gaps. There is a necessity to develop a greater collaboration amongst government, Ngo’s and civil society in meeting the encounters and realizing replies to them. This is related to intensive refugee communities and groups in Australia which have exact acquaintances with source countries. It is the duty of the government to uphold the obligations under the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, and the United Nations Convention on the Law of the Sea to provide asylum. It will help Australia in meeting the prospective threats while implementing the policies in an efficient manner considering all the relevant goals mentioned[27].

Conclusion

Under the current global scenario there will be a rise in the current situation related with the asylum seeker. The report is related to the impact of refugees on the security of the nation. There is a need to implement a stringent and lenient policy to safeguard the interest of the asylum seekers. The report explains the program focused by The current situation needs to be dealt efficiently to reduce the chances of life threat. The recent data has shown that people are causing harm to seek asylum in Australia. They are taking wrongful medium to enter inside the country. It is causing a threat to the security and posing a threat on the life of the asylum seekers. Reports have suggested that there was a rise in the death due to wrongful entrance inside the Australian territory. Government need to build a stringent policy mechanism to keep a check over the irregular migration which is taking place in Australia as it is causing a great harm to the refugees. The smugglers are taking undue advantage of the refugees through entering by irregular means endangering life of innocent people. Australian government has a complete focus over the measures which were discussed in the United Nations Convention Relating to the Status of Refugees 1951("Refugee Convention"). The rising growth of asylum seeker in the world is posing a threat on the Asia-pacific. Mandatory detention is a n unlawful concern that need to be dealt with utmost concern. Specifically in case of children who are kept in detention for an unlimited time period. There is a rise in the unlawful migration to Australia which is a matter of great concern. It is highly recommended to make advancement in a positive direction towards the benefit of both the asylum seeker and the nation. Safety and security is the basic right of an individual. UN is making efforts to secure the right of each individual who are seeking protection in a lawful manner.

Bibliography:

Australia, Belgium, Denmark, Federal Republic Of Germany, Luxembourg, Etc. < >
Asylum Seekers And Refugees Guide,,2016.Who Are Asylum Seekers And Refugees?<
The Politics Of Protection And The Right To Food In Protracted Refugee Situations < >
The Un Refugee Agency, 2016.The 1951 Refugee Convention.<
Australia’s Detention Policies < >
The Problem With The 1951 Refugee Convention< >
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