3. CAN AUSTRALIAN LAW ALLOW MALSE THE PERMIT FOR VISA DUE TO THREAT TO HIS LIFE AND IF SO ON WHAT GROUNDS UNDER THE MIGRATION ACT?
A stateless person like Mr. Abbas has no rights under the Australian Refugee laws but the International human rights law grants all people with basic human rights. A stateless person is a person who is not a legalised citizen in any country. In Australia, a stateless person can be indefinitely detained in Australia or given a visa .
3.1 Can Malse be granted a Protection Visa?
Malse can be granted a protection visa only if he meets the health, security and character necessities. If the person is a refugee under the Migration Act 1958, the minister granting the visa is satisfied that granting the person visa will be in favour of the country.
Australia is also
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IS AUSTRALIA OGLIBATED TO ACCEPT REFUGEES ACCORDING TO THEIR RATIFIED INTERNATIONAL TREATIES?
Australia has signed a major number of international treaties as well is a member of the United Nations and the United Nations High Commissioner for Refugees due to the recent refugee crisis has discussed a lot on the issue. But the treaties have never been enforced and Malse is one of the many detainees. Some of the treaties include the International Covenant on the Civil and Political Rights, Convention on the rights of the Child among others.
4.1 On what ground can Australia consider person refugees?
The State has to ensure that it provides protection to genuine asylum seekers. The state will determine if the person has real reason to fear persecution and only then the Minister will allow for the grant of refugee status. The applicant also has to satisfy the character, security and other necessary requirements . Malse here has a drawback as he was convicted for an offence of the unlawful possession of drugs but he can also show that returning to UK or Libya is dangerous for his life. Malse won’t be a danger to anyone in the community.
4.2 Conclusion and
Australians by not clarifying it’s stance on it’s international obligations to Indigenous Australians or reflecting it’s international rhetoric and signature on UN conventions by implementing some in domestic law. This inadequacy in the development of Indigenous Peoples Land Rights in Australia has been declared by the Working Group on Indigenous Populations in July 1997, and highlights the Australian government policy regarding Indigenous Peoples Land Rights and may be argued as a denial of justice for Indigenous People by the Australian legal system. Australia can be said to be ineffective in achieving justice for Indigenous People due to it’s failure to recognise Indigenous Australians rights to land domestically by failing the Human Rights standards contained in international initiatives to which it is a signatory.
One of Australia’s biggest moral wrongdoings that has been continued to be overlooked is the providing of safety for refugees. Under the article 14, in the Universal Declaration of Human Rights, it states that everyone has the right to seek and enjoy in other countries asylum from persecution. It is not in anyway, shape or form illegal to seek asylum from maltreatment. Australia is obliged under international law to: offer protection, give support, ensure that any individual is not sent back unwillingly to the country of their origin. A report made by
U.S. immigration law is very complex, and there is much uncertainty as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members ("How the United States Immigration System Works: A Fact Sheet"). Around the world there are so many immigrants/refugees who are in the hunt for a fitter life. Some come from places where civil war occurs or some suffer economically trying to support their family. Knowing the fact that they are desperate to seek for a better life, the best option is to migrate to the U.S, the land of opportunities. The problem lies in the migration to the U.S. What are the quotas for new immigrants arriving to the U.S? What are the eligibility requirements to becoming a permanent citizen in the U.S? With much inquiry, this topic has become very intriguing. What people must understand is that
Definition of an Asylum Seeker: An asylum seeker is any person who has unwillingly fled their country of origin and is unable return due to facing persecution because of their race, religion, sexual orientation, political opinion or involvement in a particular social or political group.
Although, asylum seekers and refugees are given a few options if they feel as though their rights are being breached, like they can apply to tribunals and courts to view their visa related decisions, they can also make a complaint to the Australian Human Rights Commission about their human rights being breached in immigration detention centres, yet they do not have control over who enters the country, the government is not obliged to comply with the recommendations that are made. Although the government has made few attempts to comply with the human rights obligations towards asylum seekers and refugees by introducing new policies and prioritising the safety of the children in these detention camps, there are currently still many breaches towards their rights that the government continues to adapt, therefore they are still constituting a breach of international law.
The conditions of Australia’s immigration detention policies have also been cause for concern for probable contraventions of Articles 7 and 10 of the ICCPR. Whilst in Sweden, asylum seekers are afforded free housing whilst their applications are being processed, Australia’s methods are much more callous. Under the Pacific Solution, maritime asylum seekers are sent to impoverished tropical islands with no monitoring by human rights organisations allowed (Hyndman and Mountz, 2008). The UNHCR criticised Australia’s offshore processing centres stating that “significant overcrowding, cramped living quarters, unhygienic conditions, little privacy and harsh tropical climate contribute to the poor conditions of… Nauru and Papua New Guinea” (Morales
In this essay, I will be talking about social work problems faced in the UK and how they are addressed. I will be focusing on asylum seekers particularly Unaccompanied asylum seeking children (UASC). These are children who are under 18yrs of age and applying for asylum in their own rights. I aim to highlight key areas in understanding the needs of these children while recognising that these are by no means homogenous, and therefore explain how these needs are addressed by social policies, legislature and social workers.
Colin McDonald, a Darwin barrister and expert in customary law, says that on such issues Australia's legal system may simply have to bite the bullet and go against the norms of international human rights.
According to the 1951 Refugee Convention, refugee is a term applied to anyone who is outside his/her own country and cannot return due to the fear of being persecuted on the basis of race, religion, nationality, membership of a group or political opinion. Many “refugees” that the media and the general public refer to today are known as internally displaced persons, which are people forced to flee their homes to avoid things such as armed conflict, generalized violations of human rights or natural and non-natural disasters. These two groups are distinctly different but fall ...
If we examine then we will find that our law whether it be international or national are well drafted. It covers all possible type of protection. But on the stage of its implementation there is great failure on part of administer.
For years we have witnessed the Indigenous population’s political struggle for recognition of rights to Australian land. At times the effort appears to be endless and achieving recognition almost seems impossible. Native Title and Land claims have become a step closer in achieving this recognition; however, for land rights to exist in an absolute form, they cannot exist as a mere Act of Parliament but must form a fundamental part of the Australian Constitution. This seemingly gigantic task is part of the incessant political struggle that the Indigenous population will continue to face. The United Nation’s is an integral part of the political struggle between the Australian government and the Indigenous people and have on many occasions fought to raise the issue of human rights violation within the Australian constitution.
Overall Australia’s human rights record is of high-quality but is blemished by few human rights violations. Australia has freedom of speech, a corruption-free legal system, legal protection against discrimination, access to secondary education, the right to vote in elections, access to clean water, privacy protection, freedo...
Australia is a multicultural country where immigrants from all over the world immigrate to Australia. This research is focused on Australian’s immigrants who play a big role in this society. Immigration carries significant factors that affect the process of adaptation on an immigrant. The significant factors discussed further on are social factors, economic factors and cultural factors. To understand immigration and immigrant it would be explained the meaning of it and the types of immigrants. Answering the Research question, it would also be explained what an immigrant aims to reach by explaining the factors that help to feel settled in a new country. As I’m an immigrant in Australia I personally know how factors affect directly the process of adaptation. During this research I aim to prove how these factors affect the process of adaption. It is intended to make useful recommendations to the host country and to the immigrants in order to adapt to a new country easily. It must be said that not everyone experience the same process of adaptation because everyone is exposed to different factors. Moreover, immigrants may experience more than one factor as one factor can lead to the development of other factor.
Recently, Israel has announced in an article about new counterterrorism legislation. This legislation gives the power to revoke permanent residency from convicted terrorists to the interior minister. The purpose of this is to deter others from participating such actions by increasing the consequence of participating in terrorism. According to Merav Hajaj, “Harm [from the policy] to their families will be so great, that it will deter them…” The interior minister has some constraints; the interior minister must consult justice minister and resident can appeal before district court.
Globalisation has increased modern technology all over the world enabling more people, such as globally separated families, to maintain contact. Increased media coverage also draws the attention of the world to human rights violation which can lead to an improvement in human rights. This is not a reflection of all marginalised groups. In Australia, the detention of unaccompanied asylum seeking children (UASC) contravenes the United Convention on the Rights of the Child (UNCRC), however the media are prohibited to enter detention centres and report on this issue (Cemlyn and Briskman, 2003).