Essay on The Mandatory Detention Of Refugees And Asylum Seekers

Essay on The Mandatory Detention Of Refugees And Asylum Seekers

Length: 702 words (2 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Introduction (100‐150 words)
The mandatory detention of refugees and asylum seekers is an extremely controversial issues in Australian society with 2,437 refugees and asylum seekers in immigration and community detention facilities in Australia and 1,469 in offshore detention centres on Nauru and Manus Island as of November 2015 (Allotey, Pickles and Johnston 2007; Wilsher 2012; Australian Human Rights Commission 2014). The extreme controversy is in relations to the human rights of the refugees and asylum seekers in detention centres and whether Australia is providing appropriate care under their international obligations. It is evident from the reviewed literature that Australia’s current policies are not complying with their international obligations leading to the breach of multiple treaties and conventions. This literature review will analyse and discuss the 3 themes most prominent in the literature. These themes are, Australia’s health care obligations to asylum seekers and refugees whilst in detention, the mandatory detention children and the overly harsh and inhuman treatment in offshore processing centres. Furthermore, this literature review will argue its relevance to the role of a United Nations Representative researcher relating to scenario ten.

Theme #2- Rights of Child Asylum Seekers- Mandatory Detention of Children (400-430)
One of the key areas beneficial to the role of a United Nations Representative in relations to refugees in detention is understanding Australia’s current stance on children in mandatory detention, and how Australian law is inconsistent with their international obligations. The Australian Government continually justifies the detention of asylum seekers and refugees as necessary in deterring fu...

... middle of paper ...

...umerous human rights under the CRC (AHRC 2014). It’s explained that the reason Australia is not prosecuted for these breaches is because although Australia is a signatory of multiple international conventions and treaties, they are not enacted in Australia’s domestic law and thus cannot be prosecuted for their offences (Wilsher, Daniel. 2012).
The reviewed literature is exceedingly relevant to the role of a United Nations Representative in scenario ten as it identifies where Australia’s current laws and policies regarding children are inconsistent with their international obligations under the Convention on the Rights of the Child. Furthermore, it explains how Australia is able to breach their international obligations by simply not enacting the international law to their domestic laws. As well as pinpoints what needs to be improved to manage this growing situation.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Case Study : Offshore Processing Of Asylum Seekers Essay

- Annotation #1- Journal Article Archbold, Lisa J. 2015. “Offshore processing of asylum seekers - is Australia complying with its international legal obligations?” QUT Law Review 15 (1): 137-158. Accessed April 15, 2016. doi: 10.5204/qutlr.v15i1.579. This article reports on Australia’s international obligation to asylum seekers and whether or not Australia is complying with these obligations. The main focus of this article is to explain how the Australian Government is neglecting their obligation by transferring asylum seekers to offshore processing centres in Nauru and Papua New Guinea, where there are less international obligations to abide by....   [tags: Law, Human rights, Immigration detention]

Better Essays
934 words (2.7 pages)

A Report On The Australian Migration Essay

- An Asylum Seeker is a person who has fled from their country because they are afraid of being persecuted due to their race, religion, nationality, or political beliefs (Australian Human Rights Commission, 2014). Mandatory detention in Australia was introduced in 1992, by the Keating government to control the unauthorised refugees arriving in Australia by boats (Department of Parliamentary Services, 2013, p. 1). The policy allowed authorities to detain all unauthorised non-citizens, including children, until they have satisfactorily completed health, character and security checks and been granted a visa (Department of Parliamentary Services, 2013, pp....   [tags: Refugee, Australia, Immigration detention]

Better Essays
1194 words (3.4 pages)

The Immigration Act Of Australia Essay

- In 2005 the Migration Amendment Act was introduced which relates to the notion that children must only be put in detention centres as a matter of last resort to ensure the safety of children as there had been many concerns from the Members of parliament. This new policy had given the opportunity for many children and their families to be released into community detention centres whereby there is higher security to ensure their protection. However, in Australia there had still been a substantial amount of children that had still been held in detention centres and often for lengthy periods....   [tags: Australia, Refugee, Immigration detention]

Better Essays
1079 words (3.1 pages)

The Rights Of The Human Rights Commission Essay

- Jones (2001, p. 258) argues that children within immigration processes are not granted full access to the rights defined in the UN’s Rights of the Child convention. Their rights may be affected, such as right to remain in the country, right to join with family, and ability to claim asylum (Jones, 2001, p. 258). The Human Rights Commission (2014, p. 62) argues that Australia has a duty of care to all people in detention centres especially children, which is currently unmet due to the unsafe conditions of detention centres....   [tags: Human rights, Law, Immigration detention, Refugee]

Better Essays
1263 words (3.6 pages)

Essay about Asylum Seekers And Official Refugees

- In this piece, I will argue that the social factors and attitudes surrounding the distinction of asylum seekers and official refugees, are constructed and exploited by the Australian Government, to improve their political and economic position over the nation. The Government uses nationalism and assimilation to maintain their power to shape the culture and normality of Australian society. They achieve this by influencing society through the media, to fear 'illegal ' asylum seekers, but accept those that fit the 1951 refugee convention criteria....   [tags: Refugee, Australia, Right of asylum]

Better Essays
1194 words (3.4 pages)

Refugee Asylum Seekers in Australia Essay

- Australia has had a long history of receiving individuals and groups who are seeking asylum as well as unfortunately a long history of turning those away who are perceived as different. (McKay,Thomas & Blood 2011).Even though the white Australia policy was abandoned decades ago it still lives on as a strong resonance in the conservative right of politics (Westoby & Ingamells, 2010). Community fear about Australia’s border seem easily triggered, which has prompted the term ‘paranoid nationalism’ to be used to describe the heightened refugee politics of the Howard years linked to discrimination and maltreatment of asylum seekers which still lives on today (Westoby & Ingamells, 2010)....   [tags: War Refugees Essays]

Better Essays
2331 words (6.7 pages)

The Problems With Refugee Detention Camps Essay

- Genocide, poverty, religious intolerance, misogynism, these are only a few of the atrocities the people in some countries face every day. What choice do they have. Their only means of escape are death or refuge. So the obvious choice is refuge. They stowaway on ships or airplanes, pack into cars, or just start walking to a country where they have a small hope of not only surviving, but living a normal life. Most of them will end up in detention camps, and most will end up in camps where the conditions are very poor....   [tags: War Refugees Essays]

Better Essays
1172 words (3.3 pages)

The Issue Of Refugees And Asylum Seekers Essay

- A preamble – including the definitions of ‘refugee’ and ‘asylum seeker’ in relation to Australian immigration policy Refugees and Asylum seekers are similar but not the same; a Refugee is “someone who is unable or unwilling to return to their own country because of a well founded fear of being persecuted because of their race, religion, opinion or membership of a certain social group”. Asylum seekers are people who have just claimed that they are a refugee; they must have their claims processed by the government of the country they are applying for asylum in....   [tags: Australia, Refugee, Immigration, Racism]

Better Essays
870 words (2.5 pages)

Australia 's Policy Refugees And Asylum Seekers Essay examples

- Compare and contrast Australia’s policy refugees and asylum seekers with that of two other countries. A refugee is a person that is fleeing their country because they have suffered or fear persecution because of their race, religion, nationality, or political opinion, or they are fleeing war. An asylum seeker is a person who has fled their country but has not yet been accepted as a refugee. These people flee to different countries and they all have different policies against them. Australia’s policy may differ from other countries but sometimes they may be alike....   [tags: Human rights]

Better Essays
1406 words (4 pages)

Political Repression, Ethnic Conflict and Refugees Essay

- Every year, hundreds of thousands people are leaving their countries. Being different from normal immigrants, these people are actually forced to leave their homeland. The reasons vary but have one thing in common: they fear to go back. They are called refugees. The practice of granting asylum to people fleeing persecution in foreign lands is one of the earliest hallmarks of civilization. References to it have been found in texts written 3,500 years ago. According to the International Refugee Law, refugee refers to the people who outside his or her country of origin, unable or unwilling to avail him or herself of the protection of that country or to return there for fear of persecution becau...   [tags: War Refugees Essays]

Free Essays
1252 words (3.6 pages)