EVALUATION OF BOAT REFUGEE POLICY OF AUSTRALIA

EVALUATION OF BOAT REFUGEE POLICY OF AUSTRALIA

evaluation of both Refugee policy of Australia Australia is a party to International Refugee instrument and by agreeing to this convention Australia has demonstrated generosity and humanitarianism toward refugees however the exception is about Refugee issue this paper focuses on the various policies and laws to deter the both refugees which Australia has adopted by using the shortcoming of international law and because there is no Refugee determination procedure as per the 1951 convention and the 1967 protocol and no clear guided line in the refugee law about the disembarkation of refugees Australia was able to adopt a policy of interdiction at sea during the Tampa incident the Australian government swiftly and harshly changed its Refugee policy with the intention of not allowing a single rescued person on Australian land moreover Australia uses its regular Supremacy and shift its Refugee obligations to never be poor and undeveloped States nauru and Papua New Guinea in the name of a regional arrangement for Refugee protection Australia claims that it is respecting the spirit of the Bali pizzas by developing regular cooperation Arrangement on Refugee protection however in fact there is no burden sharing agreement rather Australian Regional Arrangement indicate burden shifting moreover if refugees attempt to reach Australia by boat they are sent to the mandatory detention centers of regional state in the name of the Pacific Solution which is against the spirit of international commitment therefore Australia's Refugee policy should not be a model for rest of the world in fact Australia's laws and practices toward the boat refugees has pointed out the gaps of international law and Australia has transformed those gaps into its domestic law according to a new report 2019 due to Australia's Stoke interdiction policy at Sea since 2015 no Refugee boats or undocumented migrant boats have managed to arrive in Australia's territory on the other hand the labor party the opposition body alleged that at the moment around 80 people are arriving daily by air in Australia and claiming production voices they are labeled the new boat people from 2014 until 2015 to August 2019 almost 100 000 people who arrived by plane in Australia applied for Refugee protection but the government didn't focus on this new type of refugee flow rather it always put the both Refugee issue on their political agenda by boat are being used as a political wage thus it has been noted that government policy in this area isn't being driven by National Security concern but rather by a desire to continue using refugees as a political wage research data shows that in 2014 until 15 a total of 8 000 application for protection voices were lodged by people who arrived by plane in Australia and 9 000 application in 2015 until 16. the numbers of plane arrival refugees doubled in 2016 until 17 to 18 000 and increased again to 27 000 in 2017 until 18. on the other hand in 2012 until 13 at the big time of both arrival a total of 18 000 applications were lodged by the boat refugees in Australia in this regard Labor's immigration spokesman Shane Newman alleged that the minister for home Affairs Peter dutton's record breaking number of onshore assilium claims cannot go unexplained and he cannot wash his hands of his poor track record Shane Newman also claimed that the government has taken its eye off the skies due to its obsession with both arrivals another report noted that in 2008 a total of 4 000 plain people arrived by aircraft in Australia as legitimate tourists business and other voices holders where he has only 161 people arrived by boat during the same period which is around 96 percent less than the plain people moreover the plain people are much less likely than both people to be genuine refugees with only about 40 until 60 granted protection voices compared with 85 until 90 of both people who are found to be genuine refugees in this context Professor Mary crock an Australian migration law expert remarket that the both people issue is all politics in Australia which is politician expedient obsession she also added that in general a small number of both refugees arrived in Australia where nearly all our genuine refugees the refugee Council of Australia further suggests that Assyrian Seekers are forced to flee thus it is not always possible to obtain travel documents or travel through authorized channels according to the 1951 Refugee convention refugees have a lawful right to enter a country for the purposes of seeking a psyllium regardless of whether they hold Valley travel or identity document or are in article 31. consequently refugees who arrive in Australia by boat are not acting illegally according to the Australia's commitment of the convention finally this paper suggests that as a signatory state of the international Refugee law it is a legitimate expectation that Australia should act according to its International commitment toward Refugee production otherwise deterrence policies and ignorance tactic toward both refugees violate Australia's International commitment and are an unlawful act in international law Australia is a signature state to the 1951 Refugee convention in 1967 protocol which represent a positive approach to the international commitment on Refugee protection in the past Australia showed its welcome policy to the Vietnamese boat people it also developed its domestic law migration act 1958 to ensure Fair migration procedure however since 2001 Australia has demonstrated a restricted view toward both refugees by adapting operation relax operation suffering borders the Pacific Solution and the maritime act 2013 Australia has empowered its enforcement agencies to tow Refugee boats from its territorial Zone back to the country of origin Australia has identified the gaps in international Refugee law and operates within those gaps Australia sends undocumented both people to a safe country and concludes bilateral agreement to achieve this Australia has also shifted its International commitment on refugees to other states through the regional cooperation framework and the refugee resettlement program Australia continues its negative attitude toward both refugees by sending them to Offshore detention centers in the name of a durable solution for the refugee problem the Temple of their reflect Australia's harsh policy on both refugees also on several occasion Australian boat Refugee policy has been challenged in the Australian Court unfortunately on every occasion the court supported the government policy and interpreted the refugee law from a narrow point of view with the exception of the Malaysia solution case therefore at the present law and policy protection of both refugees is a challenging issue in Australia where International obligation are overshadowed by domestic law and policy and this jeopardizes the international commitment and influences others they to take similar strict issues toward the both refugees thank you

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