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Asylum Seekers In Australia

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“…The right of persons to seek asylum from persecution” (UNHCR; 1967) is recognised by the United Nations Convention. Asylum seekers are known as persons who have fled their own country seeking protecting in fear for their life. Consequently, such persons often illegally arrive and enter countries such as Australia without valid visas. However, as part of the Human Rights signatory, Australia owes an international obligation towards all refugees and asylum seekers to “protect [their] human rights…” (Human Rights Commission (HRC)) as long as they are in Australian territory. Nevertheless, it has been continuously reported by the United Nations that Australia, through its detainment and treatment of refugees in detention centres, has penalised …show more content…
To ensure these are followed, the UN provides that “refugees should not be penalized for their illegal entry or stay” (UNHCR; 1967). It is therefore prohibited to penalise asylum seekers through arbitrary detainment purely on the basis of their asylum seeking (UNHCR; 1967). Contrary to this Convention, Australian laws such as the Migration Act 1958, makes it legal as well as mandatory to detain asylum seekers. Through provisions in such Acts, which provide that refugees who arrive without a valid visa must be held in immigration detention until they are granted a visa or removed from the country. Furthermore, the Convention breach continues under s196 of the Migration Act, which provides that there is no limit to the length of detainment to which a person may be held in detention. Consequently, many asylum seekers have been in recent years held in detention centres for lengthy periods of …show more content…
This was established through the two years investigation undertaken by the Commonwealth Ombusman reported in 2013. It has been found that the treatment and prolonged periods of detainment “cause and exacerbate mental illness (Ipsos 2012), and that there is a strong link between the length of time spent in detention and the deterioration of mental health” (J P Green and K Eagar 2010). Furthermore, “Research has also found that bringing together groups of people in the same situation, experiencing frustration, distress and/or mental illness, can result in a ‘contagion’ effect, ‘dysfunctional thinking’, and behaviours such as self-harm and rioting are reinforced as responses to problems. Additionally witnessing others self-harm can increase the risk of self-harming behaviour in imitation (HRC 2013)”. Between 2011-2013, the HRC reported 4,313 cases of self-harm (actual, threatened and attempted) across the immigration detention networks in Australia (HRC 2013). It is also important to note that between the years 2010 and 2013, there were 12 deaths in detention facilities, 6 of which were suicides (HRC 2013). A clear example of the mental effect on detainees is the 14 year old boy held in Woomera detention centre who between April and July 2002 attempted to hang himself four times, climbed into the razor wire four times, slashed his arms twice and

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