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The Forum > Article Comments > Uninvited and unwelcome > Comments

Uninvited and unwelcome : Comments

By Des Moore, published 16/8/2006

Rejecting the tough new immigration laws was misguided.

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As Gummow J indicated in Al-Kateb at [86] ff, the current Migration Act, unlike its precursors, does not make it an offence for an unlawful non-citizen to enter or to be within Australia in contravention of, or in evasion of, the Act.

31 Further, as Hayne J observed in Al-Kateb at [207]-[208] the description of a person’s immigration status as "unlawful" serves as no more than a reference to a non-citizen not having a "valid permission to enter and remain in Australia". The use of the term "unlawful" does not as such refer to a breach of a law."

No Col, rant as much as you like but it is not illegal to enter or stay without a visa according to our own high court and our parliament.

Now I have got an answer from DIMA today about a deportation from 2003 that claims ACM guards escorting a young Afghan man on illegal documents to Pakistan travelled without visas and claim it is legal.

How about that? As for the off-shore tripe - the migration act still says that the only place a person can apply for a protection visa for Australia is in Australia, it does not say it can be done on Nauru. In fact it denies people the right to apply for anything at all even if they are refugees.

That is outside the rules as Steve Fielding says.
Posted by Marilyn Shepherd, Thursday, 17 August 2006 9:47:45 PM
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West Papua, East Papua…

As seen, a very quest for an unstoppable migration to Australia is necessity to multiply number of serving the Anglo-majority’s increasing demand on living standard.

Therefore, enough skilled no-way-out choice-less ready-for-anything-for-nothing generations of under-caste involuntary “volunteers” with minimal-good for a purpose intellectual capabilities might be fitting factually pastoral semi-feudal white Australia.

To what extent do refugees from distant parts of a globe, financially physically and intellectually capable to have reached green continent feed the above expectations?
Posted by MichaelK., Friday, 18 August 2006 12:42:04 PM
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A brilliantly written article by Des Moore

If Australia start giving shelter to barbaric Papuan separatists intent on using this place as launching pad for terrorist action against Indonesian people, then Indonesia has complete right to bomb Sydney and Melbourne and kill Australian citizens just like Israel has the right to bomb Lebanon back to Middle Ages due to existance of enemy organisation Hezbollah in that country.

The Hitlerite Papuan separatists intends to commit ethnic-cleansing against the 1.5 million transmigrant men, women, and children living in West Papua. It is the iron will of the Indonesian people that these uncivilised barbarians be stopped and paralysed according to our laws.

Indonesia wish no ill towards minor neighbour Australia, in fact we couldn't care less if Australia suddenly disappeared tommorrow. However, if Australia, a country established by criminals who committed cruel genocide against the noble Aborigines people, seek to become Indonesia's enemy by sheltering and allowing barbaric Papuan separatists to launch their anti-Indonesian terror attacks from Australia, then we have no choice but to treat Australia as enemy. We Indonesians are strong, brave and proud people, we will not shirk back from a fight if a misbehaving neighbour like Australia wants to seek trouble with us.
Posted by Proud to be Indonesian, Friday, 18 August 2006 2:05:54 PM
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"Indonesian Human Rights Abuses in West Papua:
Application of the Law of Genocide to the History of Indonesian Control" - Yale University Law Wschool report 2004.
http://www.law.yale.edu/outside/html/Public_Affairs/426/westpapuahrights.pdf

"Rape and Other Human Rights Abuses by the Indonesian Military in Irian Jaya (West Papua), Indonesia" - Robert F Kennedy Memorial Center for Human Rights 1999. http://www.rfkmemorial.org/center/vaw_report.htm

U.S. Dept. of State

Human Rights Practices - 2004
Security forces continued to commit unlawful killing of rebels, suspected rebels, and civilians in areas of separatist activity, where most politically motivated extrajudicial killings also occurred. There was evidence that the TNI considered anyone its forces killed in conflict areas to have been an armed rebel. Security forces also committed nonpolitical extrajudicial killings.
http://www.state.gov/g/drl/rls/hrrpt/2004/41643.htm

Human Rights Practices - 2003
The security forces continued to employ unlawful killing against rebels, suspected rebels, and civilians in separatist zones, where most of the politically motivated extrajudicial killings occurred. There was evidence that the TNI considered anyone its forces killed to have been an armed rebel, particularly in areas where the TNI had announced an operation and told all civilians to leave. The security forces also committed numerous extrajudicial killings that were not politically motivated. The Government largely failed to hold soldiers and police accountable for such killings and other serious human rights abuses.
http://www.state.gov/g/drl/rls/hrrpt/2003/27771.htm

Fact - the Indonesian authorities have been trying to eliminate the Papuan people just as Nazi Germany did the Jewish during WW-II.

Instead of the Jakarta Lobby people being childish and suggesting Indonesia would go to war if the UN with US support arranged self-determination for West Papua; the people of Australia should discuss what is the more desirable course. Jakarta's continued colonial exploitation of Papua, or causing the UN to resume its decolonization duty in Papua.
Posted by Daeron, Friday, 18 August 2006 10:23:53 PM
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“The point is, offshore detention of all illegal entrants is the best deterrent in preventing more illegal entrants.”

Agreed Col.

If we learnt anything from the Tampa incident, it was that there are many many thousands of people who would make their way to Australia if they thought we were a soft target, as there were at that time, in August 2001.

The decisive policies saw the impending influx drop right away. Thank goodness for that. For if the many thousands that had mobilised from countries on the other side of the world and were heading for Australia had been allowed to arrive, plus the tens of thousands that would then have followed, we would have been in an almighty mess… and our attitude towards asylum seekers would have hardened enormously.

Col is quite right;

“The problem with deterrent policies, when they work, the “problem” does not manifest and thus it is easy for the less visionary and enlightened to denounce its success.”

Strict policies are needed with the whole asylum-seeker issue.

No I am not devoid of compassion. I fully appreciate the desperate circumstances of most of those who have tried to get to our shores. But the answers lie in international aid, not in facilitating movement to Australia outside of our legal immigration parameters.

Let’s also consider the refugees that Australia brings here through its offshore programs within our immigration quota. Onshore asylum seekers displace these people, who are even more needy or asylum.
Posted by Ludwig, Friday, 18 August 2006 10:47:08 PM
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http://www.hamline.edu/apakabar/basisdata/2000/10/07/0013.html
Wamena riots of 2000 where the barbaric Papuan separatist terrorists raped and murdered 40 transmigrant women and children

http://www.fbi.gov/pressrel/pressrel04/papuan062404.htm
FBI indicted barbaric Papuan separatists who cruelly murdered 2 American teachers and one Indonesian teacher, 2002

http://www.library.ohiou.edu/indopubs/1996/03/19/0004.html
Barbaric Papuan separatists kidnapped a WWF research team, murdering two Indonesian members before the hostages were liberated by Indonesian soldiers, 1996

INDONESIAN PEOPLE will never allow the barbaric Papuan separatists to continue their Hitlerite attempt to ethnically-cleansed non-Papuans and we will never tolerate their murderous behavior.

@Daeron:

Dream on, clown. UN already recognised integration of West Papua into Indonesia in two UN resolution based on a completely legitimate UN-sponsored referendum.

If the weakling neighbour Australia try to challenge our territorial integrity, Indonesia will immediately go to war against this enemy country. We will defend every single inch of our territory to the last drop of blood. We will do our best to inflict as much pain and destruction on Australia. Indonesian people will sacrifice ourselves to defend our glorious MOTHERLAND.

DEATH TO BARBARIC PAPUAN SEPARATIST TERRORISTS AND ALL THEIR FOREIGN SUPPORTERS!
Posted by Proud to be Indonesian, Saturday, 19 August 2006 2:00:05 PM
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