treatment of refugees and asylum seekers

Question 1

what is an asylum seeker?

Answer 1

• and asylum seeker is a person who has sought protection as a refugee, but who’s. liam’s for refugee status has not yet been assessed
• many refugees have at some point been asylum seekers, that is, they have lodged an individual claim for protection and hVe had that claim assessed by a government or UNHCR

Question 2

according the the refugee council of australia, why do people leave their country?

Answer 2

• conflict and violence
• risk of persecution
• political crisis
• poverty
• disaster and environmental displacement
• demographic factors

Question 3

what does australia’s migration act 1958? and when was the policy granted?

Answer 3

• requires all “unlawful citizens” ( that is people who are not australian citizens and do not have a valid visa) to be detained in mandatory detention centres, regardless of circumstances until they are granted a visa to leave the country
• the policy was granted in 1992 and has been maintained by successive governments

Question 4

how many people are forcibly displaced in the world?

Answer 4

• according to the UN, there are over 59.5 million people forcibly displaced int he world
• thad about 1 in every 123 people alive today

Question 5

how long must someone remain in detention for?

Answer 5

• they just remain in dentition until they are granted a visa or removed from australia
• the law provides no limit to the period of time people stay in detention

Question 6

according the the UN what are the detention facilities like?

Answer 6

• debilitating and inadequate facilities in these detention. entres have ldv to high mental illness, self harm and suicide rates, causing significant mental trauma and detainees both during and following their detention (UN 2016 world health report)

Question 7

who does tension and conflict arise between? and why?

Answer 7

• tension and conflict arises between the australian governments stance on no change in its policy on the offshore processing of asylum seekers on nauru or manus islands and demands from asylum seekers advocates, doctors, the human rights commission, the united nations, the greens, churches and alerted who want to end the system anyway and allow the people to stay

Question 8

what is the argument ‘for’?

Answer 8

• the australian government argues that its policies have been successful in that it has stopped people smugglers and detention centres are becoming empty.
• they have also argued that they have stopped people taking the risky boat trips so deaths are not occurring
• they see it as an effective deterrent

Question 9

what is the main argument ‘against’?

Answer 9

• australias regional processing legislation violates many of the basic human rights obligations

Question 10

what does australia’s offshore processing and “no advantage policy” do?

Answer 10

• australias offshore processing and “no advantage” policy unlawful discriminates between asylum seekers based on their mode and date of arrival

Question 11

what is the the nature of the regional processing arrangements?

Answer 11

• the regional processing arrangements with nauru and papa new guinea do not ensure that australia’s non-refoulment obligations will be respected - in other words, asylum seekers are at risk of being sent back to persecution, torture, death and other serious forms of harm

Question 12

the regional processing facilities are unfit for?

Answer 12

• conditions in the regional processing facilities fall short of minus standard required by human rights treaties
• manus island was held to be unfit for children and vulnerable people, such as pregnant women, people with disabilities or other complex health needs, or survivors of torture or trauma, such persons already there should be returned to australia urgently, and no further transfers of individuals should occur until conditions are vastly improved

Question 13

what is the cumulative impact of the policy?

Answer 13

• the cumulative impact of the policy - particularly on people’s physical and mental health - was found to constitute segregating treatment under the international covenant on civil and political rights

Question 14

what is australia’s responsibility under international law?

Answer 14

• australia retains responsibility under international law for the treatment of asylum seekers on nauru and papua new guinea.
• this is because of australia’s significant involvement in arrangements relation to the detention, upkeep and provision of services transferred to asylum seekers

Question 15

how has australia strayed from human rights?

Answer 15

• australia has strayed from the fundamental human rights we have agreed to respect under international law, and how much our politicians are letting us down