AUSTRALIA’S MARITIME LAW POLICY ON BOAT REFUGEES

AUSTRALIA’S MARITIME POLICY ON BOAT REFUGEES

Australia's policy on both refugee the boat people issue isn't a new phenomenon in Australia according to an Australian parliamentary Library research paper the first both people arrived in April 1976 five in the indo-chinese men during the Vietnam war and it is since at that time that there are both people has been used and entered into the Australian fernacular the Vietnamese boat people enjoyed public sympathy however during the federal election of 1977 the boat people issue became political for the first time because of increasing unemployment consequently when the refugee boat arrivals increase over the next few years the media and political parties labeled them an invasion and a fluid since the 1977 election both people have been at the center of Australian politics in the last few decades Australia has amended its immigration laws on numerous occasions and adopted several policies to stop the refugee boats by granting them as illegal immigrants it has adopted both a mandatory voice system and pre-checking system before arrival into its territory as well as various deterrent policies such as the interdiction of selium Seeker boats at Sea and sending the boat people to remote location according to the policy all slem Seekers who arrived by boat are detained and transferred to Christmas Island primarily to investigate the reason of arrival by boat moreover Australia Implement various extra territorial mechanism as offshore barriers to stop the entry of illegal migrants into the country this include Pfizer requirement career sanction the airline Eliason officers Network or Alo and the advanced passenger processing or APB system regarding Australia's extra territorial mechanism 73 Taylor observed that in fact the territorial border is becoming less and less important as a site of immigration control because most of the real action in that respect is a curing offshore in addition as helium Seekers who try to arrive in Australia by boat are described in a negative way in media coverage they are called Q jumper or economic migrant moreover the media for his concerned about Potential Threat to National Security and Border Protection in line with public sentiment this led the government to adopt hostile Rita rig and policies to detail the both people it is also worth noting that the Commonwealth of Australia Constitution Act 1900 is the Supreme Outlaw of Australia in fact Australia is a Federation of states where its state has its owns Constitution government and laws the Australian Constitution was created as a settlement under which the previous colonies came together as stayed in the Federation however part 5 of The Constitution empowers the parliament to pass legislation section 51 provides details of the legislative powers of the parliament declaring that the parliament has power to make laws for the peace order and good government of the government world with respect to the naval and military defense of the Commonwealth naturalization and alien immigration and immigration and in respect of external Affairs section 52 also converts exclusive powers on the parliament to make any law for peace and Order further section 61 of the Constitution creates the executive power section 61 provided that the executive power of the Commonwealth is fasted in the queen and is exercisable by the governor general as the Queen's representative and extends to the execution and maintenance of this Constitution and of the laws of the Commonwealth the scope of the executive power has never been Divine under the Constitution the executive power is described as the inherent power and the nationhood power beta step Henson notes that the meaning of section 61 can only be properly understood if it is considered in the light of British constitutional history convention and the common law in fact the executive enjoys a first power to perform all the action of government in Victoria versus Commonwealth and Hayden the nature of the executive power was examined Mason G opined that executive power of government means a capacity of engage in Enterprises and activities peculiarly adopted to the government of the nation and which cannot otherwise be carried on for the benefit of the Nation accordingly Refugee issues are a federal concern that has come to dominate the political agenda in Australia with the government adopting restrictive policy to manage the issue the study now turns to Australia's both Refugee policy and will examine how the federal government has dealt with both Refugee and practice 1976 until 2001 detention policy on both refugees according to the report of the Parliamentary library of Australia the arrival of refugee boats in Australia is divided into three waves the first wave of both people was during 1976 until 1981. the second wave during 1989 until 1998 and the third wave during 1999 until 2013. in the first wave 2005 the Miss boat arrived in Australia in the second wave 6 000 boat refugees arrived mainly from Cambodia Vietnam and Southern China and in the third wave 56 000 vote refugees landed in Australia mostly from the Middle East with the assistance of people's Smugglers in the 1989 the unhcr initiated an international agreement the comprehensive plan of action or CPA which aim to solve the Vietnamese boat Refugee crisis by either resettling the indo-chinese boat refugees in a third country are repatriating them to the country of origin according to the CPA Australia accepted 16 000 Vietnamese vote people through the offshore humanitarian program with the last Vietnamese boat arriving in Australia in August 1981. however during the second wave of both people especially those who arrived from Cambodia it was discovered that not all the boat people were bona fide refugees many of them were economic refugees as a consequence in 1992 the Keating government adopted the policy of mandatory immigration detention for unlawful arrivals of both people which was made law by the migration abandonment Act 1992. prior to 1992 detention decisions in respect of anatole's blood both influxes were on a discretionary basis under the migration act 1958 section 38. according to the refugee Council of Australia it is estimated that almost all vote refugees were given Refugee status between 1976 and 1981 and between January 1976 and June 2015 it is estimated the 30 000 vote refugees were given protection operation relax was introduced after the Tampa Affair of 2001. at that time the Howard government implemented a number of policies and mechanisms regarding irregular migrants these are known as the Pacific Solution the operational relax policy was introduced under the Pacific Solution as part of the change the Border Protection validation and enforcement Powers Act 2001 was adopted the purpose of the egg is to safeguard the domestic legal action they are taken into relation to foreign vessel with the territorial sea of Australia thank you

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