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Laws Need to Change

 


             Illegal immigrants are those who have found their own way to enter Australia, without proper documentation. They are covered by the Migration Act 1958 (c'th) and it's regulations, whereby they are called "unlawful non-citizens". "Unlawful non-citizens" can leave Australia voluntarily at any time, however, if they choose not to, they are detained and can be removed forcibly. On account of being removed forcibly, they will be excluded for a period before they can apply to re-enter Australia. On the other hand, those who outstay their visas within Australia are merely considered "overstayers". A noticeable injustice within the Australian legal system is the differential treatment between these "overstayers" and "unlawful non-citizens". "Overstayers" account for 58,748 of Australia's impermanent population (as of July 2001 ), whilst remaining legal occupants of Australia, generally allowed their personal liberty, equality under the law, and fairness of trials. This statistic, when compared with the miniscule 5,870 "unlawful non-citizens" who are inferior under the law, mandatorally detained and exempt of various Fundamental Human Rights, illustrates where the true problem is and the real focus should lie. "Boat people" are not illegal. Under the UN Refugee Convention, which has applied for fifty years, Australia has an obligation to take in asylum seekers and assess their claims. Refugees fleeing persecution are subject to, yet not protected by, Australian law. These innocent people are merely seeking asylum and protection from the oppressive regimes from which they flee. While there is a perception of "boat people" being criminal in their manner of arrival, sensationalised by media and government deception, the crime of "overstayers" unlawful occupancy of Australia tends to be overlooked. This is in breach of not only the Anti-discrimination Act 1977 (NSW), but also of the International Covenant on Civil and Political Rights, which rules out the discrimination of immigrants based on the manner of their arrival.


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