|
|
LAW |
|
|
Australia is chained to the chains it designed. We have to live with the laws we make and the treaties we sign. Both of these play a huge role in the Refugee issue. We have to do certain things under these laws. But with this issue, it is not clear what we have to do and what we have to not do. This page is here to clarify this for you. Could our police arrest themselves? We’ll let you be the judge.
The main treaty that applies to the refugee situation is the 1951 Convention Relating to the Status of Refugees, and the 1967 Amendment. But, there are many other conventions that all deal with this same issue. One other major one is the Universal Declaration of Human Rights.
Australia approved them both, the Convention on 22/01/1954 and the Amendment on 13/12/1973. This means that whatever they say to do, we have to do.
Here are a few clarifying questions and answers to point out some of the more weighty statements in the treaties, and some other facts that you, (and the government) should know about.
|
 |
|
 |
|
|
Are they Illegal? |
|
|
By Australian Law, a person who enters the country without a visa or any travel documents is in the country illegally.
In Iraq and Afghanistan, there is no Australian embassy. Therefore there’s no opportunity to get a visa to come to Australia. In refugee camps in other countries, there’s very slim or no chance of resettlement.
But,
In Article 31.1 of the Refugee Convention, it is stated that:
“The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.”
This basically means that even if they arrive here without authorisation from Australia and have no documents, they still are not illegal. They are what they are, Asylum Seekers, and under both Australian and International Law that is a legal status. Generally, most Asylum Seekers have to leave their countries quickly and either are either unable to access, or have not the time to access substantial documentation. When you think about it, it makes sense. If a bushfire came upon your home, you would not be able to take every single thing, would you. So too, these people often do not have the right documentation, having to flee their country. In many cases, authorities actively prevent these people form migrating by withholding the proper documentation.
These people are not illegal. The real 'Illegals' are the ones who overstay their visas, and this group is primarily made up of people from western countries, including over 5,000 British tourists.
|
|
|
|
|
|
Who can be a Refugee? |
|
|
Under both Australian International Law, anybody is allowed to make an application for asylum in another country if they are escaping persecution. Here is proof:
Article 14 of the Universal Declaration of Human Rights states:
"Everyone has the right to seek and to enjoy in other countries asylum from persecution."
This is very basic, but very close to the truth. Even if it wasn’t written in English, I’m sure it would still be written in all our consciences as a great morality which we should all adhere to. I am ashamed of those who break it.
|
|
|
|
|
|
|
Asylum seekers are just that; seekers of asylum. They are people seeking refuge. They become a Refugee when they are officially recognised as one ‘worthy of refuge’, that they have a real case. 
