Emperor Julian

Australia has not just signed the UN Refugees Convention, but has incorporated its refugee definition into the Migration Act.

This means that government cannot lawfully do what you, and every sensible person trying to come to grips with the problem, are suggesting, namely to separate out all the relevant variables.

For example, if an onshore refugee applicant meets the definition of refugee, but also thinks it would be a wonderful idea to introduce a sharia caliphate in Australia, it would be unlawful for the gumment to refuse the application on the latter ground: because the Convention definition of refugee has been legislated into the criterion for a protection visa.

If Australia withdrew from the Convention, it would allow what you are suggesting, and what the major parties are trying to achieve by their offshore detention policies, which is, to decide the numbers and conditions of the refugee intake without being restricted by the Convention's requirements.

Of the total refugee intake, only a minor fraction are 'onshore'; most are 'offshore'. The difference is that government cannot refuse or deport onshore refugees without breaking the law; whereas it's not unlawful to refuse offshore applicants, even if they satisfy the definition of refugee. It is this difference in treatment, based in the Convention, which causes the whole dynamic of people trying to get onshore to make their applications, hence the whole issue with boat people, and hence with detentions centres.

But my point is, that withdrawing from the Convention does not mean Australia could not and would not accept refugees, because the vast majority of refugees accepted are offshore refugees, whose acceptance is not required by the Convention. Never has been.

Therefore any argument that withdrawing from the Convention would be anti-humanitarian or intrinsically refugee-negative, is not valid. It would be anti-tokenistic, anti-wasteful, anti-daft, not anti-humanitarian.

JKJ: but has incorporated its refugee definition into the Migration Act.

It mentions it once in passing. But it's not Law.

Another Lawyer frightened he might lose his lucrative easy money when the appeals dry up. 6 months wait on the Dole eh! ;-)

KT is just another killer, just to feel superior to no doubt those she calls "Rednecks" she wants to drown thousands again and lock up real refugees in overseas detention indefinitely because they are not in Australian camps.

These killers are the same, everything is simple just don't look at the results. Global Warming predicted via poor models with crazy positive feedbacks in the normal range, result failure. Simple minded modelling of what is "Compassion", willful indifference resulting in mass death.

Jayb
"It [the Migration Act] mentions it [the Convention refugee definition] once in passing. But it's not Law."

Not correct. The Convention definition of refugee is incorporated by the Migration Act into Australian law as the criterion for the grant of a protection visa.

The fact that you don't know how to find the relevant legislation, doesn't mean that the High Court's opinion on refugee law in Australia is wrong and your opinion is right which is what you're arguing.

All
Almost all of the public commentary in this particular field of public policy is by people like Jayb who simply don't understand what they're talking about.

They don't understand that government can't do what they're suggesting without withdrawing from adherence to the Convention. The concept that government powers are limited by law is completely foreign to the vast majority of the left wing, but it's not foreign to the superior courts who have exercised a supervisory jurisdiction over unlawful executive action for the last 900 years.

Most of the remainder of public commentary, by people in the government-funded refugee industry who do understand refugee law, is based on
a) their intention to force other people to pay for their fake moral superiority, and
b) the premise that it's better for refugees to die in their numbers and be sent into offshore detention that the leftists condemn so bitterly, than that the prestige of the UN should be reduced even meritoriously, by Australia withdrawing from the Convention which, combined with governments attempts to evade it, cause those deaths and unnecessary misery, not to mention the expense!

That leaves the only sensible suggestion, which is to withdraw from the Convention, allow both major parties to do lawfully what they will never cease trying to do by any means, which is evade the Convention; permit those who *claim* they want refugees to pay all the costs (we'll then see how fair dinkum they are); and release those who don't want them, from being forced to pay for other people's moral fakery.

JKJ: The Convention definition of refugee is incorporated by the Migration Act into Australian law as the criterion for the grant of a protection visa.

I have combed the ACT through & through& the way it is written doesn't make it Law.

JKJ: That leaves the only sensible suggestion, which is to withdraw from the Convention,

Or remove the relevant Para & line from the Migration Act. But your suggestion does make a lot of sense seeing that the UN is really a toothless Tiger. Just looking at their behaviour over the last 20 years.

I think your friend JO'N has threatened to sue me. I believe he mentioned something about Libel. Must be to do with the Asylum Seeker Lawyer Racket drying up.

"I have combed the ACT through & through& the way it is written doesn't make it Law."

Keep looking.

I'll show you where it is, for a worthwhile little stake to make it interesting: shall we say $10,000?

"I think your friend JO'N has threatened to sue me. I believe he mentioned something about Libel. Must be to do with the Asylum Seeker Lawyer Racket drying up."

Yes LOL. Don't worry, the phony humanitarians are on a big well-appointed ship anchored off Manus Island with a nice view of the tropical sunset, with gym, library, friendly natives waving from their canoes, gin and tonic in the officers' mess, and all the rest of it, getting FAR above market rate for their services.