Are asylum seekers illegal? > Check the facts
Who: “..more people illegally arrive in Australia on another boat.” Scott Morrison.
The Claim: That the people who arrive on boats seeking asylum are breaking the law.
The Facts: Asylum seekers who arrive by boat in Australia are not illegal. Under the UN Refugee Convention, which Australia has signed, they have the right to seek asylum in Australia.
Discussion of evidence: Under the UN Refugee Convention, to which Australia is party, everyone has the right to seek asylum from persecution in other countries, regardless of their method of arrival.
Article 31 of the UN Convention states that asylum seekers cannot be punished for entering a country without authorisation. It is recognised that refugees do not have to obtain travel documentation or travel through authorised channels because it is not always safe or practical to do so.
The Refugee Council of Australia states that asylum seekers do not break any Australian laws by arriving on boats without proper documentation. In a 2002 Federal Court decision Justice Merkel stated that asylum seekers have a “lawful entitlement” under international and domestic law to seek asylum in Australia.
The use of the term ‘illegal’ when referring to asylum seekers has also been recognised by the Australian Press Council as incorrect. They have warned the press that the use of this term is a breach of journalistic ethics and complaints can be brought against them.
* An earlier version of this fact incorrectly reported that it was a High Court Judge which stated that asylum seekers have a “lawful entitlement” under international and domestic law to seek asylum in Australia.
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Re: “High Court judges have also stated that asylum seekers have a “lawful entitlement” under international and domestic law to seek asylum in Australia.”
This links to a document in which the words “high court” do not appear. The “lawful entitlement” quote comes from a Federal Court judge.
The Contracting States shall not impose penalties, on account of their
illegal entry or presence, on refugees who, coming directly from a territory
where their life or freedom was threatened in the sense of article.
Clearly until they are found to be refugees, their entry into Australia is unlawful or Illegal.
For an expanded, balanced discussion of these issues, see http://tinyurl.com/jvnm5jd In short there is no clear legal “fact of the matter”. Whether you call asylum seekers illegal or not is a semantic and political matter.
[…] of evidence: A previous fact published in June this year outlined why arriving on boat and seeking asylum is not illegal. This […]