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The facts about ‘boat people’ – The government & media are lying. Image source: AFP – Antonio Dasiparu. Who are ‘boat people’?‘Boat people’ are asylum seekers who arrive by boat, without a valid visa or any other appropriate authorisation. They’re seeking protection (asylum) because they fear persecution in/from the home country (torture, murder, illegal imprisonment, etc.). Are ‘boat people’ doing something illegal? No. Asylum seekers are NOT illegal. They’ve broken no laws at all. Under Article 1.

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Universal Declaration of Human Rights: Everyone has the right to seek and to enjoy in other countries asylum from persecution.”The terms, ‘illegal immigrants’, ‘illegals’, etc., are completely incorrect. The 2. 01. 2 UNHCR Guidelines on Detention explain it in plain English: Every person has the right to seek and enjoy in other countries asylum from persecution, serious human rights violations and other serious harm. Seeking asylum is not, therefore, an unlawful act… In exercising the right to seek asylum, asylum- seekers are often forced to arrive at, or enter, a territory without prior authorisation. The position of asylum- seekers may thus differ fundamentally from that of ordinary migrants in that they may not be in a position to comply with the legal formalities for entry. They may, for example, be unable to obtain the necessary documentation in advance of their flight because of their fear of persecution and/or the urgency of their departure. These factors, as well as the fact that asylum- seekers have often experienced traumatic events, need to be taken into account in determining any restrictions on freedom of movement based on irregular entry or presence.” (p. Is Australia obligated to help them? Yes. Australia has a legal obligation to assist ‘boat people’ whether or not they follow our polite protocol.

We signed an international law called the Refugee Convention. Are most ‘illegal immigrants’ boat people? No. According to the Australian Department of Immigration and Border Protection, in 2. And according to the Advertiser, that doesn’t even include all the illegals who fly in and are caught in the first two weeks.

Another 2. 00,0. 00 or so! Do all asylum seekers arrive by boat?

No. Since 2. 00. 3, only 4. In 2. 01. 2- 1. 3, the rate was higher than that due to a spike in boat arrivals: But as you can see below, the number of boat arrivals tend to go up and down. In other words, history tells us it will go down again after the current spike. Are asylum seekers who arrive by boat treated the same as asylum seekers who arrive by plane?

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No. Those arriving by plane aren’t detained. Plus, they can immediately apply for a protection visa, and are typically given a bridging visa while their application is processed. Boat people, on the other hand, are immediately moved to a detention centre, and they can’t immediately apply for a protection visa. Instead, they’re screened into a refugee status determination process to determine whether they’ll be allowed to apply. What does ‘refugee’ mean?

A refugee is a person who has fled their country because of a well- founded fear of persecution (torture, murder, illegal imprisonment, etc.). Are all ‘boat people’ actually refugees? They have a genuine reason to fear persecution in their own country (as assessed against the regulations set out in our Migration Act). According to the Department of Immigration and Border Control, since 2. As a graph: But even if they weren’t, it still wouldn’t change Australia’s legal obligation. We are legally obliged to accept asylum seekers. Are they ‘jumping the queue’?

No. There’s no such thing as a queue. Anyone who wants to claim asylum must leave their home country first. So all asylum seekers flee to other countries. Some overland, some by plane, some by boat. Some come to Australia, some go to other countries. This is the standard way to seek asylum. These people are called ‘onshore applicants’.

Sadly, a lot of refugees are very, very poor, so their only option is to travel overland to a neighbouring country. That’s why countries like Kenya and Ethiopia have huge refugee camps (because of trouble in neighbouring Somalia). Sometimes refugees are resettled in a country other than the one they fled to. E. g. Someone might be resettled from a refugee camp to Australia. These people are called ‘offshore applicants’.

This is something we voluntarily do to  supplement the standard ‘onshore’ process. Again, resettling refugees from refugee camps is a voluntary act. Australia does it to share the refugee load with other countries. Accepting asylum seekers who come directly to Australia is our legal obligation. Unfortunately, Australia’s policy is that when we accept an onshore refugee (i. Australia by plane or boat), a place is deducted from the offshore program (i.

No other country in the world does this. In other words, it’s policy that takes places from camp refugees, not ‘boat people’. Are they still genuine refugees if they can afford boat passage? Yes. The manner of an asylum seeker’s arrival isn’t what makes them a genuine refugee (or not).

They’re judged to be a genuine refugee if they have a well- founded fear of persecution at home. And although the poor are often the victims of persecution, middle- class and wealthy people are persecuted too. In fact, because these people tend to be well educated, they are often persecuted for speaking out against oppressive government regimes. So just because someone can afford (or scrape together the funds) to make it to Australia, that doesn’t mean they’re not a refugee.

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And remember, 9. 2% of boat people since 2. Migration Act. But even if they weren’t, Australia’s legal obligation remains the same. We are legally obliged to accept asylum seekers and process their claims. Are they still genuine refugees if they don’t look battered, bruised and hungry when they arrive?

Yes. The Refugee Convention doesn’t say they have to look battered, bruised and hungry. It says they have to have a well- founded fear of persecution at home.

Out of interest, here’s a photo of some Jewish refugees who fled to Australia at the end of World War II (courtesy of The Australian). Watch Restoration Online Hoyts more. They don’t look particularly battered, bruised and hungry. Are they still genuine refugees if they come via another country (e. Watch The Last Play At Shea HD 1080P'>Watch The Last Play At Shea HD 1080P. Indonesia)? Yes. Although the Refugee Convention says they must come directly from a territory where their life or freedom is threatened (as opposed to ‘skipping through’ a country like Indonesia), the 2.

Geneva Expert Round Table organised by the United Nations High Commissioner for Refugees concluded that: Refugees are not required to have come directly from territories where their life or freedom was threatened…  Article 3. Because Indonesia hasn’t signed the Refugee Convention, they’re not obliged to protect asylum seekers. As a result, asylum seekers who arrive in Indonesia live in constant fear. Are they still genuine refugees if they don’t just flee to the closest country? Aren’t they cherry- picking? Yes, they are still genuine refugees.

There’s no law that says refugees must flee to the nearest country. In most cases, this would simply land them in a poverty- stricken, dangerous refugee camp for years. Nor is there any rule that says refugees can’t flee by plane or choose their destination. It seems odd to me that some Australians want to vilify these people for using commonsense and, in the process, reducing the load on the desperately poor countries that are actually being flooded by refugees.

Do they have passports to prove their identity? And do they burn their passports?

People (and the media) often get this confused. Boat people come by boat because they don’t have an Australian visa, and therefore aren’t allowed to fly in to any Australian airport. It’s not necessarily because they don’t have passports. Many do. So why don’t they all? There are a few reasons: Some just never applied for one. I know I went about 1.