International Law.

Slides:



Advertisements
Similar presentations
HUMAN RIGHTS.
Advertisements

1 Essentials of Migration Management for Policy Makers and Practitioners Section 1.6 International Migration Law.
Jenni Whelan UNSW Law School Human Rights Clinic.
Asylum Seekers are Illegal Australia Already Takes Too Many Refugees We're Being Swamped by Hordes of Boat People They're Not Real Refugees Anyway They.
The hidden truth about Manus Island Human Rights Violations at Australia’s Asylum Seeker Processing Centre on Manus Island, Papua New Guinea.
2014 Detention for Detention. Last year more than 3000 students from EREA schools stood in solidarity with children being held in detention for seeking.
Irregural immigration issue and return policy The project is co-financed by European Return Fund and Estonian Ministry of Interior Hungary (2)
Irregular Arrivals Komagata Maru (Indian) SS St. Louis (Jewish) Newfoundland (Tamil) Nova Scotia (Sikh) British.
Right to Non-Refoulement – Protection Against Expulsion By Kris Spartanska.
Alternatives to detention and their practical implementation Introducing the CAP model 1.
Refugees Year 11 Issue. Learning Objective:  To develop a broad understanding of the key terms, ideas and issues associated with refugees and Australia.
Professor Gillian Triggs President 2 September 2014 Immigration detention in Australia & the right to challenge the lawfulness of detention UN Working.
DP Baral.  Refugees are people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and membership in.
…and boat people THE POWER OF THE GOVERNMENT(S). POWER OF… Three arms of government (in the Constitution)  Executive (Cabinet)  Legislature (Parliament)
International Principles of The Roles of UNHCR in Indonesia
Lesson 7: Undocumented Immigration. Undocumented Immigrants Undocumented immigrants may have entered the US without showing a visa or green card. They.
Asylum Seekers Facts and figures on the current debate.
Non-Discrimination and Gender Equality Ideas, Principles and Best Practice on Working from a Human Rights Based Approach Utilizing the International, Regional.
The Archbishop of What?! Jean Binkovitz, M.S.,J.D. Asylum Law and the International Community.
JSS BANNER 1. A LIFE BEHIND BARBED-WIRE XX1X WORLD CONGRESS OF OMEP: World Organisation for Early Childhood Education CHILDREN IN IMMIGRATION DETENTION.
Part 2 Seeking Asylum in Australia. Seeking Asylum in Australia The process of seeking asylum in Australia is quite convoluted, especially if you arrived.
Bakhtiyari v Australia
Seminar on Migration Legislation Ministry of Foreign Affairs of Guatemala 15 – 16 February 2007.
Human rights. k5UIQhttp:// k5UIQ.
By: Adam Molly and Shaneel  The Commonwealth has the power to sign treaties on behalf of the Australian people ◦ External Affairs power (Section 51[29])
Trends in detention of illegal migrants in European Union By Juris Gromovs Kiev, 7 February 2005.
Formative Task Due 14th March
Bakhtiyari v Australia Nicole and Clare. What the case entailed Mr Bakhityari entered Australia illegally from Pakistan arriving on a boat, and was given.
Tuesday, 8 December 2015 Mr Daly WALT:Asylum Seekers Formative Task Due 14 th March 1.Explain how the idea of national sovereignty can limit the protection.
Make a Whistle From my Throat I do not know what will happen after I die. I do not want to know. Make a whistle from my throat But I would like the Potter.
1 REFUGEES AMENDMENT BILL, 2008 Presentation to the Select Committee on Social Services 17 June 2008 Caring, compassionate and responsive.
..  1.0 Introduction Protection is a term referring to all actions aimed at access to and enjoyment of all rights of women, men, girls and boys of concern.
Recognition of a right to Immigration?. There is no Right to Immigration Right of entry into the national territory– only for National Citizens Art. 13,
Part 2. Seeking Asylum in Australia The process of seeking asylum in Australia is quite convoluted, especially if you arrived by boat. We’ll endeavour.
Recent Developments related to interception, interdiction and offshore processing in Australia: impact on RSD and Case law Justice Debbie Mortimer Federal.
CONSULAR NOTIFICATION & ACCESS. Basic Principles Arrests/Detentions Consular Access Guardianship Notification Death Notification Shipwreck/Aircraft Crash.
Case studies: Communications that were successful before a UN treaty body When domestic law fails to achieve the desired out come for human rights violations.
INTERNATIONAL CONVENTIONS EUROPEAN LEGISLATION GREEK LEGISLATION ISAR - 3 rd GEL CORFU, GREECE.
Recast Directives in CEAS
Documented or not? Bethan Lant Casework Manager.
European Refugee Crisis
American Civil Liberties Union
International Human Rights Law
PACIFIC CONSTITUTIONS RESEARCH NETWORK CONFERENCE
Global Measurement on Human Rights
Common European Asylum System
International Protection, Refugees & the UN
Treatment of Foreigners under International Law
International Law.
International Protection of transgender refugees
Globalization and Europeanization
DEFINING TERMS PEOPLE ON THE MOVE.
Who Qualifies for Relief Under Federal Immigration Law?
People Smuggling the procurement, for financial or material gain, of the illegal entry into a state of which the individual is neither a citizen nor a.
International Human Rights….close to home
Australia’s Humanitarian Programme
Mr Daly The Nature of World Order
Policy Update on DACA June 18, 2018
Newspaper Article Analysis
From Transportation to Deportation: - the mass deportation of non-Australian citizens with criminal convictions. Adjunct Professor Peter Norden AO FANZSOC.
International Protection, Refugees & the UN
17-23 June, 2018 #WithRefugees.
IRREGULAR MIGRATION Overview August 13, 2018
COMMUNITY SERVICE REMINDER
USEFUL LINKS
Denial of Basic Rights of Asylum seekers
Australia & asylum seeking
Migration Classroom Resource.
REGIONAL GUIDELINES FOR THE PRELIMINARY IDENTIFICATION OF PROFILES AND REFERRAL MECHANISMS FOR MIGRANTS IN VULNERABLE SITUATIONS  
Presentation transcript:

International Law

The 1951 Refugee Convention Australia is a signatory to the United Nations 1951 Convention relating to the Status of Refugees and to the subsequent 1967 protocol. This means that Australia is legally obliged to develop law and policy in the spirit of The Refugee Convention.

What is the “spirit” of this convention? Assist those fleeing from persecution – no penalties for those who arrive without documents. [Article 31] The principle of non-refoulement (non-return) [Article 33]

Human Rights Treaties International Covenant on Civil and Political Rights (ICCPR) Convention Against Torture The Convention on the Rights of the Child

Useful resource https://www.youtube.com/watch?v=PZvx9yg5Wlw

Domestic law Law making in regard to migration is the responsibility of the Commonwealth Parliament. The Migration Act (1958) Although it is called The ‘Migration’ Act, it covers asylum seekers and refugees.

Migration Act 1958 Asylum seekers who arrive on the mainland without a valid visa must be held in immigration or community detention, or transferred to an off-shore processing facility. Prior to 1992, asylum seekers were held in detention under the Migration Act 1958 (Cth) on a discretionary basis. Mandatory detention was introduced under the Migration Amendment Act 1992 (Cth).

Migration Amendment Act 1992 Under this Act, it is mandatory for those who arrive without visas to be detained (i.e. kept in detention) This Act also removed limitations on time spent in detention.

Why was this Act passed? It was proposed that mandatory detention would: Facilitate the processing of refugee claims; Prevent unlawful migration; and Save the cost of re-locating people into the community

Has it worked? Detention is expensive Suffering of those in detention Australia’s international reputation has been negatively impacted as we are not seen to be upholding our responsibilities in regard to international treaties

CLASH International Law Domestic Law

The enforcement problem There is no effective means of enforcing Australia’s obligations at an international level. As a result, it is left to Australian courts to monitor the legality of the government’s actions. However, Australian courts can only enforce obligations under domestic law rather than international law. (The Conversation, 2014)