The Forum > Article Comments > Refugees will be an election issue > Comments
Refugees will be an election issue : Comments
By Graham Young, published 12/7/2010A 'What the People Want' poll finds the refugee story encapsulates some of the themes that underlie the two sides of Australian political debate.
- Pages:
-
- 1
- 2
- 3
- ...
- 6
- 7
- 8
- Page 9
- 10
- 11
- 12
- ...
- 18
- 19
- 20
-
- All
The use of the word "illegal" in conjunction with boat people is possibly mandatory for the Liberal right.
Need we go over that use of "illegal" is incorrect given the follow FACTS:
# It follows from this Article that detention should only be resorted to in cases of necessity. The detention of asylum seekers who come "directly" in an irregular manner should, therefore, not be automatic, nor should it be unduly prolonged. The reason for this is that once their claims have been examined they may prove to be refugees entitled to benefit from Article 31. Conclusion No. 44 (XDDCVH) of the Executive Committee on the Detention of Refugees and Asylum Seekers sets the standard in more concrete terms of what is meant by the term "necessary". It also provides guidelines to States on the use of detention, and recommendations as to certain procedural guarantees to which detainees should be entitled.
# The term "coming directly" covers the situation of a person who enters the country in which asylum is sought directly from the country of origin, or from another country where his protection could not be assured. It is clear from the travaux préparatoires, however, that the term also covers a person who transits an intermediate country for a short time without having applied for or received asylum there. The drafters of the Convention introduced the term "coming directly" not to exclude those who had transited another country, but rather to exclude those who "had settled temporarily" in one country, from freely entering another (travaux préparatoires A/CONF.2/SR 14 p.10). No strict time limit can be applied to the concept "coming directly", and each case will have to be judged on its merits. The issue of "coming directly" is also related to the problem of identifying the country responsible for examining an asylum request and granting adequate and effective protection.
Cont'd