Boat people are absolutely NOT illegal. Here’s why…

[fourandsixpants]

People keep asking me if ‘boat people’ are illegal. Let’s settle this. They’re NOT. This is just a very quick post outlining why.

They break no laws

For an act to be illegal, it must break a law. ‘Boat people’ break no laws. That’s why none of the people who call them illegals are able to point to a law they break.

And they’re just exercising their fundamental human rights

Furthermore, not only is it NOT illegal, international law specifically says it’s LEGAL. Everyone has a fundamental human right to seek asylum (under Article 14 of the 1948 Universal Declaration of Human Rights).

But Australia is breaking the law

Ironically, it’s Australia that’s breaking the law, not the asylum seekers. Australia is bound by international law to assess asylum claims from people who come to our shores (under the Refugee Convention), and to protect them if they’re found to be genuine refugees. In turning boats back, arbitrarily detaining asylum seekers in order to deter others, and refusing to process asylum claims, we’re breaching that Convention. We’re also breaching other international laws:

• International Convention for the Safety of Life at Sea (SOLAS)
• International Covenant on Civil and Political Rights (CCPR)
• United Nations Convention on the Rights of the Child (CRC)
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• International Covenant on Economic, Social and Cultural Rights
• United Nations Convention on the Law of the Sea (UNCLOS)
• International Convention on Maritime Search and Rescue (SAR)
• International Maritime Organization (IMO)
• Australia’s Criminal Code (Commonwealth)
• http://www.glennmurray.com.au/boat-people-are-absolutely-not-illegal-heres-why/

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....I agree....because this is the law and right

[softail-joanie]

You mean to say, I can't put my tiny aluminum row boat in the ocean and come to Australia? Well, there goes my back up plan.

[tall_bearded01]

You may also want to add to your list the Australian High Court decision - Plaintiff S4-2014 v Minister for immigration and Border Protection [2014 HCA 34

For those not included to read it.

1. Irrespective of the reason for entry, if you try to enter into Australian without a current valid visa, you are classified under the Immigration Act as an Unlawful Non-Citizen.

2. If, having arrived in Australia as an Unlawful Non-Citizen claims you claim asylum, then you, like any other Unlawful Non-Citizen, are liable to be held in detention, and remain there until such time as the application has been processed and a determination has been made as whether you have a legitimate claim for “Protection”.

3. If a person is found to have a legitimate claim for “protection”, they must be provided with the appropriate visa allowed for under the Act released from detention. If they are found not to fall within the protection provisions they are to be deported.

[tall_bearded01]

Oh and just for completeness sake, nothing in the documents you provided places any obligation on the host country to offer, or even process, an application for permanent residency or citizenship.

Furthermore, having been granted protection status, nothing in the documents provided obliges us to provide them with anything else other than protection. That is, nothing in those documents require that we provide then with any of the benefits that we provide to permanent residents or citizens. No right to any social security benefits, Medicare, government funded education services, not even the right to work.

[lightningdance]

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@tall_bearded01 wrote:

Oh and just for completeness sake, nothing in the documents you provided places any obligation on the host country to offer, or even process, an application for permanent residency or citizenship.

Furthermore, having been granted protection status, nothing in the documents provided obliges us to provide them with anything else other than protection. That is, nothing in those documents require that we provide then with any of the benefits that we provide to permanent residents or citizens. No right to any social security benefits, Medicare, government funded education services, not even the right to work.

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100% correct but we already knew that.

This op, has an agenda so best to let this thread die as it should.

[azureline**]

I have always felt comfortable with the fact that it isn't illegal to seek asylum. It's quite different to be in the country with an expired visa and then claim asylum.

[azureline**]

Did anyone watch a program a night or 2 ago, where a guy who was in a detention centre some years ago, stayed with a family from Airlie Beach? I only caught the program halfway through, no idea what channel or time, interested to watch it in it's entirety.

I think the woman changed her mind after staying with the guy and finding out the reality?.

[debra9275]

I agree Az, no it isn't illegal to seek asylum , many refugees have been coming from Syria and Iran, escaping IS most probably. I think they were labelled as economic refugees"

am I wrong or did we just send a whole lot back recently

[tall_bearded01]

I have never said it was illegal to claim asylum. What is illegal is to attempt to gain entry into, or remaining in Australia, without a valid visa.

Now though the Act specifies that persons who attempt to gain entry or remain in Australia, without a valid visa are liable to detention, this doesn’t make detention mandatory. Instead the Act provides a discretion as to whetherto  detain or not, and I understand you to be one on those on the do not detain side of the fence.

But the discussion here is not about one’s personal view as to how the discretion should be exercised. The topic under discussion is, if the government decides to exercise its decision in the alternative (to detain), is that decision “unlawful, to which the short answer is no.

[fourandsixpants]

I dunno what you are 'raving' on about TB....but I believe my title/heading to this thread is quite clear, precise & transparent:

     Boat people are absolutely NOT illegal.

....and then I explain why....clearly, precisely and transparently.

Might I suggest that if you wish to go completely off topic you are most welcome to start another thread. Have a lovely day.