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Final Exam Essay Answers
LAWS 1009 - Legal Analysis and Critique
7 Found helpful • 17 Pages • Essays / Projects • Year: Pre-2021 • Previously uploaded under: 200978 - Legal Analysis and Critique
Refugees and the Nation-State A refugee is any person who, owing to well founded fear of being persecuted for reason of race, nationality, membership of a particular social group or political opinion, is outside his/her country and unable to come back. (1951 Refugee convention, Article 1; p. 442) The international doctrine of refugees is the refugee convention of 1951 which outlines what a refugee is, what rights they have, what rights the state has against refugees and prohibition of expulsion. The critical problem is that the Australian government doesn’t adhere to these policies unless its suits them. This is evidenced by the Tampa fiasco. The Australian authority on refugees is the Migration Act, in particular ss 36, 91A-W, 189, 192 and 245. Ss 91A-W is a worrying provision because it narrows the definition of persecution and other refugee criteria to minimise the intake of refugees. While ss 189 and 192 provide for the mandatory detention and removal of refugees. Australian government is denying refugees the basic human right. The government masks their inhumane treatment of refugees with the migration Act. . On the other hand there are separate policies for wealthy migrants who could invest their money in our country. Those with money to invest are highly sought after as compared to those who don’t. Officially its a non-discriminatory policy however as it is point out “investors to $2M to invest obtain
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