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
Australia is now facing allegations from the Human Rights Council that it has detained children and sent back refugees, in breach of international law.
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.
The Effectiveness of the Law in Achieving Justice for Indigenous People In relation to Australia, the term ‘Indigenous peoples’ refers to two distinct cultures of people who inhabited the land prior to European settlement – The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation and integration causing a cultural disruption and disintegration of the Indigenous peoples. In the 20th century the recognition and protection of Indigenous peoples land rights and human rights have been at the forefront of Global Issues where the International community has sought to address the issues and ratify Human Rights and Land Rights for Indigenous People as a legitimate subject to be implemented into international law and the domestic law of member states such as Australia. To evaluate the effectiveness of the law in achieving justice for Indigenous Australians we must look at the Australian Legal System, and the extent to which it addresses it’s obligations to International Law in relation to Australia’s
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
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 had made few attempts to comply with the human right 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
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 ...
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.
• Amnesty International: Australia- governments dismissal of UN criticism undermines hard earned credibility in human rights diplomacy.
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.
The Scottish Government (2003) Refugee Integration Forum: action plan. http://www.scotland.gov.uk/Publications/2003/02/16364/18141. Accessed on 10th November 2010.
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.
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.