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Asylum Seekers In Australia

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Amnesty International (2014) recently spoke to a 43 year old asylum seeker from Iran said in detention at Manus Island. He said, “I have lived in war zones, with bombs and explosions. I have never experienced what I am experiencing here with the uncertainty we face. If we had died in the ocean that would have been better”
The following essay will explore the current system of offshore processing of asylum seekers under the Migration Act 1958 (Cth) and alternatives to this legislation. The basis of an amendment to this legislation to mandate onshore processing is in the enabling of a safe and humane migration into Australian communities, faster processing of claims and a process that is more effective and less costly than offshore detention …show more content…
Since 1954 Australia has made numerous leglislitive amendments to the Migration Act 1958 (Cth) but it was not until 2012 that the Australian government introduced legislation allowing for the offshore processing of asylum seekers (Refugee Council of Australia, 2014). In contrast to Australia’s long debated offshore processing policies is the widely accepted and embraced practice of processing onshore being used in democratic nations such as the United States, United Kingdom, Denmark, Sweden, and all other countries accepting refugees. Australia is the only country in the world to mandate the strict enforcement of the detention of asylum-seekers (Sawer, Abjorensen, & Larkin, …show more content…
While the law may be valid under this power if it merely regulated the entry into and departure (or deportation) from Australia, it goes beyond this (High Court of Australia Sydney Registry, 2014). It provides for the detention of asylum seekers after their removal from Australia, and as such cannot be supported by s 51(xix) of the Constitution.
The Migration Act can also be seen as invalid under the ‘immigration and emigration’ power in s. 51 (xxvii) of the Constitution. In focusing on the relevant immigration part of this power, the ability to regulate persons entering Australia for the purpose of settlement and the ability to prevent such persons from entering Australia could be interpreted as validating the current legislation (HCA Sydney Registry,

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