The Migration Act 1958

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People who are forced their homes due to persecution whether individually or as part of a mass exodus due to political military, religious or other issues are known as refugees.

“According to the Migration Act of 1958, (“Migration Act 1958”) children of parents who are classified as a refugee are given the same rights as their parents.” The aim of this paper is to identify and explain how The Australian Legal System does not adequately protect and enforce the rights of children seeking refugee status in Australia. The relevant law to children seeking refugee status in Australia is the Migration Act 1958 (Cth) that states the interests of the child should be the primary consideration.

Changes introduced on the 25 September 2014, to the Migration
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The law is part of every day life. It was created to establish all rights and responsibilities that are required to regulate the way groups and individuals behave in the society. This law is rapidly changing by reflecting the values and motives within the society. Active and informed citizens should have the knowledge, and understanding of the law by respecting it. To reflect on all laws and seek change to positively benefit society. The political and legal provision of all individual rights, creates responsibilities for society and individuals. The Australian law attempts to balance the responsibilities and rights of the individual with the best interests. The law only identifies the human rights but does not put them into practice.
The United Nations General Assembly formed the Office of the United Nations High Commissioner for refugees (UNHCR) in the aftermath of World War II. UNHCR is delegated to protecting and finding long term solutions for refugees. The standards including the (1948) Universal Declaration of Human Rights and the four Geneva Conventions (1949), have their activities based on a framework of the international humanitarian
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“In submissions to the Senate Legal and Constitutional Committee Inquiry into the provisions of the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006, HREOC argued that the proposal to process all unauthorised arrivals offshore was in breach of Australia’s obligations under the Convention on the Rights of the Child and undermined Australia’s obligations under the International Covenant of Civil and Political Rights and the Refugee Convention.” There is evidence in Australia’s obligations under the Refugee Convention that “the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion” and in the international refugee law, it is one of the many fundamental principles. Under the Charter of Human Rights and Responsibilities Act 2006 (Vic), the human rights outcomes of the new policies and laws must be

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