@izabsmiling wrote:
@***super_nova*** wrote:No doubt the fact that people arriving on boats get sent to the hell of Mannus island, with no hope to be re-settled in Australia is a big deterrent. When people still in Indonesia hear from their friends about the atrocious conditions in PNG, they do change their plans.
The government cannot permit people to go to a country that isn't theirs.You are expecting Mr Abbott to breach the separation of powers doctrine and overrule decisions of the High Court.This letter is requiring that they break their own laws.
The second that they claim to have no papers, they are, by International Law, considered to be "Stateless"
Detention is not punative.
The purpose of Assylum is to seek safety, not a country of choice to live in.
IF something happens, then these transgressions are to be dealt with by tghe likes of Tort Law, but this is a separate area to both Public Law and International Law.
A person seeking assylum who is determined to be Stateless, simply cannot choose to go somewhere else.
Liyanage v The Queen [1697], Chu Kheng Lim v MILGEA (1992) In reference to the Migration Act " A court is not to order the release fom custody of a designated non citizen" to do so breaches Chapter III of our constitution.
Al-Kateb v Godmin (2004) "Detention is valid, even if no prospect of removal in the foreseeable future".
Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (2004) " Harsh conditions of detention may attract the protection of criminal law or remedies in Tort, but do not effect the legality of the detention system"
There are a few cases, there are plenty more when you're done reading them.
