Welcome to our new and improved Asylum & Refugee Law blog!
Each month, our new team of writers from the University of Queensland will update you on court decisions, developments around the world, and provide analyses on refugee and asylum matters.
What is Mandatory Detention?
Mandatory detention is the practice of compulsorily detaining or imprisoning people seeking political asylum.
Mandatory detention in Australia is, in practice, limited to only those asylum seekers who apply for refugee status at the border. Other unlawful non-citizens, such as onshore processed asylum seekers who arrive by plane with appropriate documentation, are generally granted bridging visas and released into the community pending the outcome of their claim. Accordingly, the application of the law is inconsistent and provides a legal basis upon which people arriving by boat are found prima facie ‘unfit’ to live freely amongst those in the community. Continue reading
The unfolding events in Libya have had major consequences upon the population. It has been estimated that currently 3 million people have been affected by the conflict, including 218,000 internally displaced persons (IDPs) and 860, 900 people (192,000 Libyans) forced across the border. In May, Italian maritime authorities were conducted a rescue mission for 500 Libyan refugees whose boat had hit rocks just off the coast. The vast majority of Libyan refugees have sought asylum in Europe and Italy in particular, which already received thousands of Tunisian refugees earlier this year. However, as the situation in Tunisia stabilises, the Tunisian government has established refugee camps for Libyan refugees (mostly in Choucha), although many Libyan refugees are opting to return home due to poor conditions.
In 2010 a total of 845,800 asylum claims were lodged worldwide; of this amount South Africa received 180,600, the United States received 54,300 and France received 48,100. Australia received 5,873 asylum claims. Despite the relatively few asylum seekers that Australia receives, the issue is a political hot topic.
The current debate regarding asylum seekers has focused primarily on so-called ‘pull factors’; the reasons why people are seeking asylum specifically in Australia and how policy can “break the people smuggler’s business model”. The government has repeatedly implemented policies aimed at deterring asylum seeker arrivals. From the Howard government’s Pacific Solution to more recent developments- the Malaysia Solution and the proposed re- opening of Manus Island detention facility in Papua New Guinea– Australian policy has essentially aimed to make Australia appear an undesirable destination for irregular maritime arrivals.
However, there has been a severe lack of political recognition of ‘push factors’; understanding why people are forced to flee their country of origin and seek asylum in another. Regardless of an asylum seeker’s mode of arrival, desperate circumstances compel individuals and families to flee their home. The government can implement as many hardline, vote- grabbing policies as possible but the fact remains that whilst there is oppression and conflict in the world, asylum seekers will exist.
Listed below are the top ten countries of origin from which Australia receives asylum seekers. The purpose of this component of the digest will be to detail the issues within these countries that would force people to flee. This is not simply a humanitarian perspective designed to evoke empathy, but a practical look at why there is mass displacement around the globe and how the human consequences arrive on Australia’s doorstep.
Top 10 Populations of Origin of Asylum Applicants to Australia 2010
|Country of Origin
|Islamic Rep. of Iran
Data compiled from United Nations High Commissioner for Refugees. 2011. Asylum Levels in Industrialised Countries 2010. Division of Programme Support and Management.
Next Month, we’ll be looking at Afghanistan.