Refugee is defined in the 1951 Convention relating to the Status of Refugees as any person who is; outside their own country and has a well-founded fear of being persecuted due to their race, religion, nationality or political opinion and is unwilling or unable to return. Australia has signed and ratified the Refugee Convention with the intent to implement the legislation and policy that is required in order to support those who are dislocated from their home country due to the treat of persecution. This policy and legislation is implemented in Australia through the Migration Act 1958 (Cth) (Roadstorefuge, 2015). With the help of programs such as the United Nations High Commissioner for Refugees governments, nations such as Australia, guarantee
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Australia is a sovereign nation and has recognised the need to respect certain obligations and rights. It was stated on many occasions from the Minister for Immigration and Multicultural and Indigenous Affairs that in the context of unauthorised boat arrivals that Australia, as a sovereign country, has the right to defend the integrity of its borders. Australian courts have also confirmed Australia’s right to determine who does enter or remain in Australia and who does not (Human Rights, 2015). The Department of Immigration and Border Protection completes the primary assessment as to whether a person is a refugee as per definition given in the Migration Act (Human Rights, 2015). Linking the concept of the arrival of refugees upon Australian shores with border protection has been a topic of debate in recent years, despite Australia accepting over 760 000 people in humanitarian need since 1945 (Roadstorefuge, 2015). 1967 Protocol relating to the Status of Refugees amendment specifically requires Australia to apply domestic laws that establish border integrity that specifies that people fleeing persecution will be protected. The Commonwealth Executive and Parliament commits to ensuring that Australia integrates rights and responsibilities into practices of domestic legislature (Human Rights, …show more content…
This is because Australia ratified the Refugee Convention on 22 January 1954 and the Protocol on 13 December 1973; Australia was then obliged to incorporate the provisions outlined within the domestic law. Despite, the Australian Government not incorporating every provision of the Refugee Convention into the Migration Act, the Act states the criteria in which a refugee is defined by and that Australia must provide protection to those who enter the country with valid refugee visas. Australia also has the right to protect their borders in the nations best interest. This may include turning back boats before they hit Australian waters, if they contain no legitimate refugees. However Australia has the potential to effectively balance border integrity and protecting the rights of any refugee who arrives on Australian
Australia is a sovereign nation and has recognised the need to respect certain obligations and rights. It was stated on many occasions from the Minister for Immigration and Multicultural and Indigenous Affairs that in the context of unauthorised boat arrivals that Australia, as a sovereign country, has the right to defend the integrity of its borders. Australian courts have also confirmed Australia’s right to determine who does enter or remain in Australia and who does not (Human Rights, 2015). The Department of Immigration and Border Protection completes the primary assessment as to whether a person is a refugee as per definition given in the Migration Act (Human Rights, 2015). Linking the concept of the arrival of refugees upon Australian shores with border protection has been a topic of debate in recent years, despite Australia accepting over 760 000 people in humanitarian need since 1945 (Roadstorefuge, 2015). 1967 Protocol relating to the Status of Refugees amendment specifically requires Australia to apply domestic laws that establish border integrity that specifies that people fleeing persecution will be protected. The Commonwealth Executive and Parliament commits to ensuring that Australia integrates rights and responsibilities into practices of domestic legislature (Human Rights, …show more content…
This is because Australia ratified the Refugee Convention on 22 January 1954 and the Protocol on 13 December 1973; Australia was then obliged to incorporate the provisions outlined within the domestic law. Despite, the Australian Government not incorporating every provision of the Refugee Convention into the Migration Act, the Act states the criteria in which a refugee is defined by and that Australia must provide protection to those who enter the country with valid refugee visas. Australia also has the right to protect their borders in the nations best interest. This may include turning back boats before they hit Australian waters, if they contain no legitimate refugees. However Australia has the potential to effectively balance border integrity and protecting the rights of any refugee who arrives on Australian