This paper will review and analyse the contemporary issue of mandatory detention of asylum seekers in Australia today. This review will provide a historical background of the treatment of these refugees, as well as taking into account the direct and indirect impacts of detention on asylum seekers from both the mental and physical health perspective.
The articles that were reviewed contained a central theme of examining the physical and mental health impacts of mandatory detention on asylum seekers. Skulan (2006) took a history background in examining asylum seekers whilst focusing on politics and International law. Newman (2013) provides an analysis of the consequences to mental health by asylum seekers being kept in mandatory detention as
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However despite this human right, peer reviewed articles indicate that there still remains a gap in public policy on the treatment of refugees in mandatory detention centres. Mandatory detention is continually used a means of processing unauthorised entrants to a country, which includes both economic migrants as well as those fleeing persecution (Skulan, 2006). It is interesting to note that for the last two decades, countries have acknowledged that detention is undesirable and may only be resorted to under certain conditions. Despite this, there is a growing number of asylum seekers detained throughout the world, and often domestic law will fail to accord with international …show more content…
Australia’s laws regulating the reception and processing of asylum seekers is very harsh and contrary to international law, particularly in comparison with small proportion of asylum seekers that arrive in Australia. This is further illustrated by referring to the treatment of asylum seekers under the old ‘White Australia Policy’ (Elder, 2003) prior to and immediately following the second world war until the 1960s. By discussing the White Australia Policy, Skulan (2006) aims to send a clear message that these beliefs are still present in today’s society, which has been considered an ‘invasion’ when discussing the feared foreign population, as discussed by the apparent threat to the national identity of Australia (McMaster, 2002). Skulan (2006) addresses the issue that most asylum seekers flee their countries because of inhumane behaviour, and many seek asylum as a last resort as persecution is a current threat. She presents this idea of people smugglers as part of a vicious cycle in that asylum seekers aren't worried about the detention facilities in Australia as it is their only chance of
Great Evening women and courteous fellows, My names Johnson Tia, I am here to talk around an intense issues, that has put a huge number of individuals at danger of losing their properties, families, companions, friends and family and above all lives. This has gone to a point where it genuinely should be tended to and put to a stop. This issue is developing each day, even presently, it is developing, this issue is something that could go on everlastingly, if not managed. This issue has been distressing for Australia as well as it has left a considerable measure of unanswered inquiries, with respect to why they go to our nation and what they are searching for? Women and respectable men this issue is Refugees and Asylum Seekers.
Throughout the documentary “Well Founded Fear” by Shari Robertson and Michael Camerini asylum seekers told their story about the reason they should be one out of every two hundred to be granted asylum in the United States. The search for asylum is one that is sometimes disheartening, uncertain, and unpredictable. As humans come to the United States in search of asylum, asylum officers are tasked with deciding the fate of asylum seekers. There are problems with the process of being granted asylum so it is necessary that some solutions are developed.
The author uses patriotism as a technique when stating, “There was a time when it would have been unthinkable for Australians to stand by while an elected government physically and psychologically mistreated people whose only crime was to arrive by boat without an invite.” By criticising his target audience, he appeals to their sense of patriotism in a pursuit to make them feel guilty. This argument is connected to Letch’s illustration in the top left corner, which features a figure holding a sign, which reads ‘GO BACK’. Gittins provided his target audience with a visual reference on his argument by showing Australia as the villain with a frowning and disapproving facial expression and the refugee looking upset sitting in a puddle of water with his head down. In relation to the mistreatment of welfare precipitants, the author uses the technique of mocking when he referred to the Australian Prime Minister, Malcolm Turnbull as “Mr Harbourside Mansion” to provide a preliminary opinion before stating his argument.
English Draft: The arrival of asylum seekers’ to Australia from other countries is a controversial issue dividing public opinion. Cartoonist, Pat Campbell, in the cartoon “Global Warming/Refugees Cartoon” from The National Times, shows his point of view on refugees as being a strong issue that can happen anywhere, even in the artic with animals. His point of view shows is that most people in Australia are treating refugees like animals treat each other and it is wrong. The author sees the treatment of the refugees as wrong and that they are being treated wrong and without respect. He also shows his point of view on global warming and how it is a growing issue.
‘The Tampa Decision: Examining the Australian Government’s prerogative power to detain and expel unlawful non-citizens in 2001’ The executive power of the Commonwealth has largely been neglected, both by the High Court and by commentators, receiving scant attention in comparison with the Commonwealth 's legislative and judicial powers. However, it was just fourteen years ago, in 2001, when a Norwegian cargo vessel MV Tampa being denied entry into Australia after rescuing 438 asylum seekers sparked one of the most controversial yet illuminating civil cases in Australian legal history. The result was a civil suit (Ruddock vs Vadarlis 2001) in which the Federal Government successfully appealed the initial ruling to the Full Court of the Federal Court of Australia, where it was found that the government does indeed possess a prerogative power to prevent the entry of non-citizens into
The magic of symbols is that their meaning of something depends on how people interpret, use it or respond to it (Stone, 2012). The Government can use narrative stories in this particular instance and play the hero in their story as they place themselves on a pedestal for ‘saving the asylum-seekers from harm’, although the mistreatment of the asylum-seekers in the immigration centres are not much better than the country they were fleeing (Silove, Austin & Steel,
There are currently 800 children being held in mandatory closed immigration detention, as Australia is the only country in the world which detains asylum-seeking children as a first option (Triggs, 2014). Australia’s system of mandatory immigration detention was introduced to the Migration Act 1958 (Cth) in 1992, and requires all non-citizen children who arrive without a valid visa to be detained (Triggs, 2014). Although the introduction of these requirements into the Migration Act were enforced to ensure the effective control and management of Australia’s borders (Phillips & Spinks, 2013), the mandatory and prolonged immigration detention of children is in clear violation of Article 3(1), Article 24(1) and Article 37(b) of the Convention
Australia is the only country to have a system of mandatory detention where every single parent, man, woman, child who arrives here without a valid visa or illegal visa must undergo immigration detention immediately. The issue with the refugee treatment and mandatory detention in Australia is that their minds are so vulnerable and stressed after leaving their country. Detention can harm asylum seekers and refugees because they are indefinite meaning the government can detain people for the course of their life which has severe effects on a person’s emotions and wellbeing. Studies have shown that refugees who have come from a warfare filled country have and increased chance to undergo depression, self-harm and even attempt suicide when under a type of imprisonment such as immigration detention.
Every refugee was once an asylum seeker, people seem to think that they are the same types of people where as an asylum seeker is someone who was forced to flee from his or her country – like refugees – and are trying to seek protection, but whose case for a refugee status has not yet been evaluated. Another difference between an asylum seeker and a refugee is if a refugee is seen or found by a person of the Australian Government, that government member cannot force them to go back to their country. But if an asylum seeker was caught a government member could send them back to their country, as they do not have the official paperwork to be an Australian
I will explore the provision of the United Kingdom (UK) Legislation and the UK Border Agency provisions in protecting its own border and I will deliberate over those who violate the Immigration Rules by overstaying. I will define overstayers and their quest in seeking the protection of Article 8 of the Human Rights Act 1998 which provides for the rights in question. I will further substantiate my argument with context of Lady Hale submission in ZH (Tanzania) and some other Article 8 deportation cases in conjunction with the UK legislative provisions and the Immigration Rules. In conclusion I will reiterate the need to restrict the private and family life in case of overstayers and I will strike a balance between the protection of the citizens of the United Kingdom and the protection of private and family life right of legal and well established foreign criminals facing deportation.
Australia has been labelled as the country of mateship, fair-go and tolerance, but the mistreatment of Asylum seekers in Australia denies these values. In our anthem we sing “For those who’ve come across the seas, we’ve boundless plains to share”. It ironic isn’t it? As when Asylum seekers arrive in Australia we do not offer a hand of mateship instead we use punitive matters such as sending them to mandatory detention, which shows how xenophobia is manifested in Australia (Ariyawansa,
In Australia, refugees and asylum seekers are treated like the enemy in a war: the target of a highly resourced, military-led “deterrence” strategy complete with arbitrary detainment, detention camps, guards to terrorise them, forced deportations and the violent suppression of those who protest. Australia is failing to meet the standards required when regarding the treatment of asylum seekers. It is fact that asylum seekers make up less than 3% of Australia’s annual immigration yet the idea is being distorted to that of which they will overpopulate a country that prides itself on being a multicultural society. I want to shed light on the misconception that asylum seekers are not ‘legal’ when in actual fact it is a human right to seek freedom.
This comprehensive annotated bibliography discusses about the poor mental health of the refugees and asylum seekers under detention in developed countries. This sits within the “Social Work Practice in Mental Health” and “Social Work with Refugee Survivors of Torture and Trauma” categories of Social Work fields of practice (Alston and McKinnon, 2005) and uses sources from Australian publications on these issues. The sources cited suggest that due to the large number of refugees and asylum seekers, governments of developed countries have implemented policies to deter people from seeking asylum such as immigration detention policies, strict visa restrictions, rigorous border checks and the stopping of voyages of vessels suspected of carrying smuggled asylum seekers (Silove et al. 2000). The refugees and asylum seekers go through tremendous amount of mental suffering and the worst affected are small children and adolescents.
The case of Chen v Minister for Immigration and Border Protection (2013) 216 FCR 241 presents a valuable example of a real-life situation that highlights the significance of understanding and interpreting the law that applies to Australian Migration practice. The case was about whether a valid visa application has been made by the appellant in accordance with Regulations 2.10 of the Migration Regulations 1994 (Cth) (the Regulations) which required applications for particular visa be made at an “office of immigration” in Australia. LEGAL ISSUES RAISED BY THE CASE: • The Minister did not consider Chen’s visa application for Class DF subclass 892 as valid because the application reached the Department’s Processing Centre one day after her existing
The more powerless and vulnerable the individual, the more significant their ethical claim. Since each person, paying little respect to one's lawful status or geographic area, has a transcendent dignity that must dependably be regarded, individuals progressing ought to appreciate the full scope of human rights, and others have an obligation to see that they are regarded, secured and satisfied. "Refugees and asylum seekers are humans, and should enjoy the whole range of human rights. Unless there are compelling reasons to believe that refugees or asylum seekers represent a serious danger to the common good, they should not be interned. Furthermore they should have access to work and thus the opportunity to fulfil their duty to contribute to the common good” (Australians Human Rights Commission, 2014).