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General Discussion >> Federal Politics >> So are they illegal now? http://www.ozpolitic.com/forum/YaBB.pl?num=1363092398 Message started by Maqqa on Mar 12th, 2013 at 10:46pm |
Title: So are they illegal now? Post by Maqqa on Mar 12th, 2013 at 10:46pm
Some lefties here believe that these people are saying that "claiming asylum" is not illegal therefore it absolve these people from illegally entering Australia. This is despite the Migration Act and Un Refugee convention saying otherwise. We'll put that aside for a second because if they are not illegal then there's no need to deport them. You don't deport someone who is in Australia legally.
Back to the story. These illegals are detained as per the Migration Act. The Migration Act also provide prosecutions via the Criminal Code. They have broken out of detention. Any criminals who breaks out of their detention are further prosecuted. So should these illegals now have these breakouts count against them ie they've broken Australian law the second time and the UN Refugee convention requires them to adhere by all laws of the country they are claiming asylum. Quote:
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Title: Re: So are they illegal now? Post by Dnarever on Mar 12th, 2013 at 10:59pm
they've broken Australian law the second time and the UN Refugee convention requires them to adhere by all laws of the country they are claiming asylum.
They still havn't broken any Australian Law. This may surprise you but Nauru is not part of Australia and is not subject to Australian Laws. |
Title: Re: So are they illegal now? Post by philperth2010 on Mar 12th, 2013 at 11:14pm
Perhaps this will clear it up for you Macca.....No need to thank me!!!
Quote:
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Title: Re: So are they illegal now? Post by philperth2010 on Mar 12th, 2013 at 11:22pm Quote:
Either the professor is incorrect or you and Abbott are Macca.....Care to call the Professor a liar Macca??? |
Title: Re: So are they illegal now? Post by Maqqa on Mar 12th, 2013 at 11:42pm philperth2010 wrote on Mar 12th, 2013 at 11:22pm:
Your references says they are able to present themselves to make an asylum claim. This is correct - present themselves once they have crossed the border. But before they do so - they are illegal under the Migration Act and subject to deportation Upon making the claim - deportation is suspended until their claims are assessed There's nowhere in your article that refuted the fact with references to the Migration Act The Professor has not said it was not illegal. He simply said (in the inverted commas) they have the right to present themselves The professor has not made any comment about them entering the country without papers - which is what Abbott was referring to |
Title: Re: So are they illegal now? Post by philperth2010 on Mar 13th, 2013 at 12:12am Maqqa wrote on Mar 12th, 2013 at 11:42pm:
Accept the Professor did comment on people seeking asylum entering Australia without a Visa and he did say it was not illegal!!! it was clear it is not illegal to enter Australia without a visa and seek asylum ::) ::) ::) |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 12:14am philperth2010 wrote on Mar 13th, 2013 at 12:12am:
quote his exact words then |
Title: Re: So are they illegal now? Post by philperth2010 on Mar 13th, 2013 at 12:35am Maqqa wrote on Mar 13th, 2013 at 12:14am:
The quote posted was cut and pasted from the article provided!!! Quote:
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Title: Re: So are they illegal now? Post by philperth2010 on Mar 13th, 2013 at 12:41am
Anyway I am off to bed.....Goodnight all!!!
:) :) :) |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 12:45am
phil
Quote:
Quote:
Where did the professor mention the word VISA??? |
Title: Re: So are they illegal now? Post by Infarction on Mar 13th, 2013 at 5:48am
I can't figure out if Maqqa is the ultimate troll, or just completely retarded.
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Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 13th, 2013 at 6:03am Maqqa wrote on Mar 13th, 2013 at 12:45am:
Where did the professor mention the word VISA???[/quote] He didn't, because you cannot even board a flight in Auckland bound for Sydney without a passport (and, depending on the country your passport says you are from, a visa). They won't even let you through Customs to the gate. |
Title: Re: So are they illegal now? Post by Spot of Borg on Mar 13th, 2013 at 6:24am Maqqa wrote on Mar 12th, 2013 at 10:46pm:
Maqqa - not only are they not illegal but they dont enter australia until they are given a visa! Seriously why do you persist in this? SOB |
Title: Re: So are they illegal now? Post by philperth2010 on Mar 13th, 2013 at 7:03am Maqqa wrote on Mar 13th, 2013 at 12:45am:
Where did the professor mention the word VISA???[/quote] Maqqa wrote on Mar 13th, 2013 at 12:45am:
Where did the professor mention the word VISA???[/quote] ANU international law professor Don Rothwell said it was clear it is not illegal to enter Australia without a visa and seek asylum. ''Any person who arrives at Australia's borders, whether it be at an airport or harbour or being intercepted by navy patrols is entitled to present an asylum claim to Australia,'' he said No need to thank me Macca......Perhaps you should invest in a pair of reading glasses??? [smiley=lolk.gif] [smiley=lolk.gif] [smiley=lolk.gif] http://www.smh.com.au/opinion/political-news/abbott-called-on-illegal-slur-20121121-29qa8.html |
Title: Re: So are they illegal now? Post by BlOoDy RiPpEr on Mar 13th, 2013 at 7:23am
i cant see why we just don't call them 'Government hand out country shoppers.'
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Title: Re: So are they illegal now? Post by BlOoDy RiPpEr on Mar 13th, 2013 at 7:25am
boat scabs would be another accurate label
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Title: Re: So are they illegal now? Post by NorthOfNorth on Mar 13th, 2013 at 7:27am
Another thread that showcases the kind of fool to whom certain politicians are dog whistling.
What is their take on the thousands of visitors who overstay their visas with the clear intention of evading authorities and detection for as long as they can... Permanently, if possible? Those asylum seekers arriving by boat (a pitiful few relative to those visitors willfully overstaying on visas) can hardly be more visible and do not intend or expect to evade detection. |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 13th, 2013 at 3:32pm
Getting somewhat sick of this debate, I thought going straight to the Act may be useful:
http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/ 1. The term "illegal immigrant" is no longer part of the Act. 2. It has been essentially replaced by the term "non-lawful citizen". 3. A person arriving by boat seeking asylum is only considered a "non-lawful citizen" for the period between entering the Australian migration zone, and being intercepted. Once they are intercepted, they are no longer considered "non-lawful citizens". 4. The migration zone includes all Australian states, territories, ports and installations, but does not include the sea around those states and territories, unless in a port. By my interpretation, unless the boat makes it to land or port before being intercepted, then they are never considered "non-lawful citizens" under the Act. Perhaps Maqqa, you'd like to find any section of the Act that supports your claim that they are "illegals". |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 13th, 2013 at 4:20pm Infarction wrote on Mar 13th, 2013 at 5:48am:
A little from column A, a little from column B. |
Title: Re: So are they illegal now? Post by John Smith on Mar 13th, 2013 at 4:24pm Infarction wrote on Mar 13th, 2013 at 5:48am:
My vote is for retarded ... he has to be! |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 4:30pm NBNMyths wrote on Mar 13th, 2013 at 3:32pm:
(1) I have NEVER used the terms "illegal immigrants" to describe these people (2) Migration Act Section 14 sub 2 recognise the name change from illegal entrants to unlawful non-citizens (3) The word unlawful is the same as the word illegal under various accepted dictionaries you can search (4) The act of breaking the law is describe as being illegal - therefore a bunch of people breaking the law are called illegals |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 13th, 2013 at 4:36pm NBNMyths wrote on Mar 13th, 2013 at 3:32pm:
All of what you have said is 100% correct, however, Maqqa will not have any of it. These facts have all been explained to him several times before but he simply does not (or can not) understand. NBNMyths wrote on Mar 13th, 2013 at 3:32pm:
He will probably direct you to section 14(2) of the Migration Act: "To avoid doubt, a non-citizen in the migration zone who, immediately before 1 September 1994, was an illegal entrant within the meaning of the Migration Act as in force then became, on that date, an unlawful non-citizen." Now, we can all see that this completely destroys Maqqa's "argument" and confirms that asylum seekers are certainly not "illegals". The text could not be any clearer, yet Maqqa remains unconvinced. Maqqa will tell you that "illegals" are people who have broken the law (he's not calling them illegal immigrants). He can't tell you which law they have broken, but he'll stay on that message until he's blue in the face. I don't know if Maqqa is just a good troll, or simply a few sandwiches short of a picnic. I suspect a little of both. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 4:40pm greggerypeccary wrote on Mar 13th, 2013 at 4:36pm:
Migration Act section 4 sub 3 & 4 |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 13th, 2013 at 4:43pm Maqqa wrote on Mar 13th, 2013 at 4:30pm:
Ummm. You seem to have missed the point. Unless the boat reaches Australian land or an Australian port before being intercepted, then the people on board are never non-lawful citizens (illegals). If they are intercepted in the ocean, they immediately become lawful citizens, and are escorted to Australia as such. See s42 Quote:
s245F Quote:
ie: Unless they reach land/port before being intercepted, they have not broken any Australian law, and therefore can not be described as being illegals. When was the last time a boat managed to reach land/port before being intercepted? |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 4:52pm NBNMyths wrote on Mar 13th, 2013 at 4:43pm:
Lets look at this concept of "reach" Aust land or port and see what the Act says The Act does not say "reach" - so you are wrong there The Act provide that they "enter" the migration zone. The migration zone includes sea limits and is governed concurrently by the Sea Installation Act 1987 Therefore there's no requirement in the Act that says they have to reach a port or land |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 13th, 2013 at 4:54pm NBNMyths wrote on Mar 13th, 2013 at 4:43pm:
You get that a lot with Maqqa. |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 13th, 2013 at 4:54pm Maqqa wrote on Mar 13th, 2013 at 4:52pm:
Wrong: http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s5.html#migration_zone Quote:
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Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 4:56pm NBNMyths wrote on Mar 13th, 2013 at 4:43pm:
No That's your assumption Look at the definition of Migration Zone |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 4:58pm NBNMyths wrote on Mar 13th, 2013 at 4:54pm:
You've ignored point (b) and decide to take half a sentence from the last part |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 13th, 2013 at 4:59pm Maqqa wrote on Mar 13th, 2013 at 4:56pm:
I did, and posted it above. Perhaps you can't read. It's quite clear that it only includes the sea within the limits of the state/territory if it is also within the limits of the port. Read it again. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 5:03pm NBNMyths wrote on Mar 13th, 2013 at 4:59pm:
so what is the limit of that sea? Australian waters? Australian waters also include sea installation - which is government by the Sea Installation Act 1987 |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 13th, 2013 at 5:04pm Maqqa wrote on Mar 13th, 2013 at 4:58pm:
I didn't ignore point (b) at all. Point B says the "migration zone includes sea within the limits of both a State or a Territory and a port" The definition then goes on to say that the migration zone does not include sea within the limits of a State or Territory that is not in a port. |
Title: Re: So are they illegal now? Post by Luke Fowler on Mar 13th, 2013 at 5:11pm NBNMyths wrote on Mar 13th, 2013 at 5:04pm:
NBNMyths, you have the patience of a saint. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 5:21pm NBNMyths wrote on Mar 13th, 2013 at 5:04pm:
The sea and the port Which is in Australian waters Australian waters is considered a sea installation Therefore crossing it is a violation of the Act |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 5:24pm
Don't forget - S1(a) it includes Coastal Area as per Customs Act 1901
Coastal area Quote:
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Title: Re: So are they illegal now? Post by NBNMyths on Mar 13th, 2013 at 7:03pm Maqqa wrote on Mar 13th, 2013 at 5:21pm:
I'm glad you're not a lawyer. You'd be broke. http://www.austlii.edu.au/au/legis/cth/consol_act/sia1987195/s4.html#sea_installation Quote:
Can't see anything there about the sea itself being a "sea installation". :-[ Maqqa wrote on Mar 13th, 2013 at 5:24pm:
The definition of a coastal area is not relevant in any way, as it does not form part of the migration zone or the migration Act. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 7:08pm
[quote author=NBNMyths link=1363092398/35#35 date=1363165408]
Can't see anything there about the sea itself being a "sea installation". :-[/quote] I said Australian waters as being a sea installation For a detailed explanation see section 9 |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 13th, 2013 at 7:13pm Maqqa wrote on Mar 13th, 2013 at 7:08pm:
Australian waters are not a sea installation, as defined by the act. How about you just admit you've been wrong all this time, and stop embarrassing yourself further? |
Title: Re: So are they illegal now? Post by John Smith on Mar 13th, 2013 at 7:16pm NBNMyths wrote on Mar 13th, 2013 at 7:13pm:
he'll never do it .. he is either to stupid or to stupid to admit that he is wrong, personally I think it's a little of both. |
Title: Re: So are they illegal now? Post by Karnal on Mar 13th, 2013 at 7:20pm
Under the Geneva Convention, all prisoners of war have the right to attempt escape. In Nazi Germany, of course, they’d shoot you. Look at the end of the Great Escape.
But in modern Australia? Send you back to the Russian front. We might not set up the machine guns ourselves, but we’ll happily send you back where you came from. You see? You attempted to escape. You deserve everything you get. Mind you, I have to ask. How do people escape from Nauru? Do they get a big sack of coconuts like Steve McQueen at the end of Papillon? Those French prison camps were meant to be escape-proof. Not our Pacific detention centres. They’re like Stalag 17. |
Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 13th, 2013 at 7:23pm greggerypeccary wrote on Mar 13th, 2013 at 4:36pm:
When is something "unlawful" not illegal??? Wow, what a dope!!! Just can't get your head around the FACT they are illegal immigrants, eh? Sucks to be you!!! |
Title: Re: So are they illegal now? Post by Karnal on Mar 13th, 2013 at 7:24pm Maqqa wrote on Mar 13th, 2013 at 7:08pm:
Sea installation, eh? Anyone for behaviour protocols? |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 13th, 2013 at 7:49pm Armchair_Politician wrote on Mar 13th, 2013 at 7:23pm:
Perhaps you need to read the whole thread. To summarise, arrivals are not considered illegal or unlawful under the Act unless they reach the Australian landmass or an Australian port before they are intercepted. If they are intercepted at sea and escorted to Australia to claim asylum, they are considered "lawful citizens". They remain "lawful citizens" unless their claims for asylum are subsequently rejected. Sucks to be illiterate. ::) |
Title: Re: So are they illegal now? Post by gandalf on Mar 13th, 2013 at 8:14pm
Just to get back to the OP, where Maqqa claimed:
Quote:
Just wanted to quote for the LOLs. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 13th, 2013 at 9:07pm NBNMyths wrote on Mar 13th, 2013 at 7:13pm:
http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s5.html#australian_waters |
Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 13th, 2013 at 9:23pm NBNMyths wrote on Mar 13th, 2013 at 7:49pm:
Yes, it must be so difficult for you to be illiterate. If they were considered lawful citizens, then (a) they would need to hold Australian citizenship to be called a "citizen" of Australia and (b) they'd need a passport and visa - both of which they threw overboard... |
Title: Re: So are they illegal now? Post by John Smith on Mar 13th, 2013 at 10:20pm Armchair_Politician wrote on Mar 13th, 2013 at 9:23pm:
I'll try and simplify it for stupid ... You are in a boat coming to Australia, you are not illegal... naval boat stops you and you board the navel boat, you tell the captain you wish to seek asylum in australia, not illegal... the only time one can be illegal is once they are on australian land, but since you have already sought asylum you are NOT ILLEGAL ... do you get it yet dopey???? |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 14th, 2013 at 5:35am Maqqa wrote on Mar 13th, 2013 at 9:07pm:
OK. I get it. You're an idiot. That doesn't say that Australian Waters are a sea installation. It defines what Australian Waters are for the purpose of building a sea installation. None of which has anything whatsoever to do with the migration Act, or the definition of a migration zone. For that, it is 100% absolutely clear, that the sea outside a port is not within the migration zone. And since an asylum seeker has done nothing illegal unless they enter the migration zone before they are intercepted, then the vast majority of boat arrivals are not "illegals". I'll be ending this debate now, because you're either too stupid to understand English, or you're trolling. Either way, you're wasting my time. |
Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 14th, 2013 at 6:39am John Smith wrote on Mar 13th, 2013 at 10:20pm:
They are trying to come to Australia without a passport or visa having paid people smugglers tens of thousands of dollars to board those leaky boats. When "intercepted" by the navy, they promptly refuse to turn around and demand to be taken to Australia to claim asylum. The navy can't leave them there under international maritime law and so has an obligation to take them to Christmas Island. Once there, they are detained under our Immigration laws due to not having passports/visas until their claim for asylum is processed. They are detained because it is illegal to enter this (or any) country without a valid passport/visa and this detention only occurs for however long it takes for their claim for asylum to be processed. Once a decision is made, they are either released if their claim is accepted or deported if it is rejected. I don't know how to dumb this down anymore for such a simpleton as yourself. It really shouldn't be hard to understand, even for the uneducated like you. |
Title: Re: So are they illegal now? Post by olde.sault on Mar 14th, 2013 at 7:12am Maqqa wrote on Mar 12th, 2013 at 10:46pm:
Asylum seekers don't emerge from the ocean, having swum the ocean. They paid criminal smugglers for their passages and so, by the country's laws, are crims "after the fact". |
Title: Re: So are they illegal now? Post by olde.sault on Mar 14th, 2013 at 7:19am John Smith wrote on Mar 13th, 2013 at 10:20pm:
It is you, J.Smith who is the fool. If one buys a bottle of whisky from a stolen stock, one is prosecuted. If smugglers are prosecuted and jailed, they are considered criminals and anyone who pays for a passage from a smuggler, is also considered a criminal. It is just that we, Australians, are a "soft touch" for any story, one that can't be proven by the non-show of a passport. |
Title: Re: So are they illegal now? Post by John Smith on Mar 14th, 2013 at 8:11am olde.sault wrote on Mar 14th, 2013 at 7:19am:
there is nothing illegal about seeking asylum... every legal expert in the country tells the same story and yet you persist with your fantasy , every politician will admit that it is not illegal, everyone of any note will tell you it is not illegal ..and yet you persist .. do you think you know better? they are not put in detention for committing a crime, they are put in detention until they can be processed, if they didn't put them in detention you would be whinging they are releasing terrorists into the country ... and then you have the hide to call me a fool admit it, your an idiot. |
Title: Re: So are they illegal now? Post by Karnal on Mar 14th, 2013 at 8:49am olde.sault wrote on Mar 14th, 2013 at 7:19am:
True, OS. As you uncovered, the Labor Party are even thinking of extending the vote to non-citizens seeking asylum. What next? Extending the vote to Indonesians? Just think: 250 million potential Labor voters, but why stop there? China and India have over a billion each - a potential goldmine for the ALP. Talk about dastardly. |
Title: Re: So are they illegal now? Post by Sprintcyclist on Mar 14th, 2013 at 10:35am once an illegal, always an illegal should brand it onto their foreheads, casterate them and deport them. |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 14th, 2013 at 11:27am Armchair_Politician wrote on Mar 13th, 2013 at 7:23pm:
'Unlawful' means not authorized by law. 'Illegal' means forbidden by law. Something 'illegal' is expressly proscribed by statute, and something 'unlawful' is just not expressly authorised. A subtle difference that I wouldn't expect you to understand. Armchair_Politician wrote on Mar 13th, 2013 at 7:23pm:
That is 100% incorrect. Asylum seekers are neither 'illegal' nor 'immigrants'. |
Title: Re: So are they illegal now? Post by Andrei.Hicks on Mar 14th, 2013 at 11:29am
Havent we covered this sh*t every single day for the last 900 days....
This is seriously like a couple of guys with dementia. |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 14th, 2013 at 11:39am Armchair_Politician wrote on Mar 14th, 2013 at 6:39am:
No, they claim asylum right there on the spot. They don't need to be taken anywhere to claim asylum: all they have to do is say "I wish to claim asylum" once they are intercepted and they then become perfectly legal asylum seekers. Then ... they apply for a protection visa. Then is no application form or approval process to become an asylum seeker. There is, however, an approval process to go through in order to be granted a protection visa and subsequently become a refugee. |
Title: Re: So are they illegal now? Post by buzzanddidj on Mar 14th, 2013 at 12:43pm greggerypeccary wrote on Mar 13th, 2013 at 4:20pm:
Let's put it to the PEOPLE - in a poll |
Title: Re: So are they illegal now? Post by Andrei.Hicks on Mar 14th, 2013 at 12:55pm
Being called a retard by Buzz is kinda like being called short sighted by Stevie Wonder.
State school education wasnt it Buzz? |
Title: Re: So are they illegal now? Post by Maqqa on Mar 14th, 2013 at 1:37pm NBNMyths wrote on Mar 14th, 2013 at 5:35am:
So the Migration Act governs how you build a sea installation? ;D ;D ;D The idiot is you!!! |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 14th, 2013 at 2:08pm Maqqa wrote on Mar 14th, 2013 at 1:37pm:
No, moron. The Migration Act doesn't define a sea installation. It says ""sea installation" has the same meaning as in the Sea Installations Act." Hence, the definition I gave you is from the Sea Installations Act, 1997 So, once again, you're screwed. :-[ |
Title: Re: So are they illegal now? Post by Maqqa on Mar 14th, 2013 at 2:14pm NBNMyths wrote on Mar 14th, 2013 at 2:08pm:
No, moron. The Migration Act doesn't define a sea installation. It says ""sea installation" has the same meaning as in the Sea Installations Act." Hence, the definition I gave you is from the Sea Installations Act, 1997 So, once again, you're screwed. :-[/quote] I have already indicated this several posts back!! So the moron is you!! |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 14th, 2013 at 2:32pm Maqqa wrote on Mar 14th, 2013 at 2:14pm:
So what's you're point? The sea is not a sea installation, and it is not part of Australia's migration zone. It is therefore totally irrelevant to whether asylum seekers are "illegals" or not. Are you ready to admit you were wrong yet, or do you want to continue bringing up irrelevant sections of irrelevant legislation? The Migration Act is clear. Asylum seekers intercepted at sea and escorted to the Australian migration zone are considered lawful non-citizens under the Migration Act, and therefore cannot be described as "illegals". Would you like a baby wipe to get that egg of your face? ;D |
Title: Re: So are they illegal now? Post by corporate_whitey on Mar 14th, 2013 at 2:35pm
The Atheist demons treat asylum seekers and the Australian poor shamefully deliberately seeking to deny them asylum, sanctuary, inclusion and Charity...in doing so they are robbing God... :(
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Title: Re: So are they illegal now? Post by greggerypeccary on Mar 14th, 2013 at 2:35pm NBNMyths wrote on Mar 14th, 2013 at 2:32pm:
Maqqa's face is Teflon coated. He will never admit when he's wrong (there aren't enough hours in the day anyway). |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 14th, 2013 at 2:36pm NBNMyths wrote on Mar 14th, 2013 at 2:32pm:
Therefore, asylum seekers are illegals. ;D ;D ;D |
Title: Re: So are they illegal now? Post by Maqqa on Mar 14th, 2013 at 7:18pm NBNMyths wrote on Mar 14th, 2013 at 2:36pm:
Show us where it says this |
Title: Re: So are they illegal now? Post by NBNMyths on Mar 14th, 2013 at 8:05pm Maqqa wrote on Mar 14th, 2013 at 7:18pm:
I already have (The correct term is lawful non-citizens though, not lawful citizens): http://www.ozpolitic.com/forum/YaBB.pl?num=1363092398/23#23 s42 Quote:
s245F Quote:
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Title: Re: So are they illegal now? Post by FriYAY on Mar 14th, 2013 at 8:32pm NBNMyths wrote on Mar 14th, 2013 at 8:05pm:
Can you show us the term lawful non-citizen? |
Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 14th, 2013 at 8:53pm greggerypeccary wrote on Mar 14th, 2013 at 11:27am:
Okay, lets humour you. If we say that they are not immigrants then we're getting somewhere. By definition, a person seeking asylum is not necessarily seeking permanent resettlement. A true asylum seeker is looking for a safe haven until their homeland is safe to return to. That isn't the case with these people who come in the tens of thousands by boat. They seek to stay because - as they put it - life is better here. Can't say I blame them for wanting to live here, but there is a proper process for moving here and they are abusing it. |
Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 14th, 2013 at 8:55pm greggerypeccary wrote on Mar 14th, 2013 at 11:39am:
Yep, they claim asylum and are detained for having illegally attempted to enter Australia or its territories without a valid passport or visa. This detention continues until they are either given asylum or deported when their claim is rejected. Call them asylum seekers or illegal immigrants, whatever. In this particular instance, those people arriving by boat are illegal immigrants. |
Title: Re: So are they illegal now? Post by Dnarever on Mar 14th, 2013 at 10:07pm Armchair_Politician wrote on Mar 14th, 2013 at 8:55pm:
Boat arrivals are called "irregular maritime arrivals" or "unauthorised boat arrivals" Till they request asylum (a short period of time) at which point they become Asylum seekers. The large percentage who are then processed successfully are then refugees. those who fail the test become illegal imigrants and are deported. |
Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 15th, 2013 at 7:54am Dnarever wrote on Mar 14th, 2013 at 10:07pm:
Yeah, nah... They're ALL illegal immigrants until their request for asylum is granted. If it's rejected, they are deported as illegal immigrants. I can see where this simple distinction would trip up a simpleton like you. |
Title: Re: So are they illegal now? Post by Spot of Borg on Mar 15th, 2013 at 8:37am Armchair_Politician wrote on Mar 15th, 2013 at 7:54am:
No they arent. They arent even immigrants. They arent even in australia! SOB |
Title: Re: So are they illegal now? Post by John Smith on Mar 15th, 2013 at 8:55am Armchair_Politician wrote on Mar 15th, 2013 at 7:54am:
you are a jackass. |
Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 15th, 2013 at 9:00am John Smith wrote on Mar 15th, 2013 at 8:55am:
Takes one to know one... |
Title: Re: So are they illegal now? Post by John Smith on Mar 15th, 2013 at 9:24am Armchair_Politician wrote on Mar 15th, 2013 at 9:00am:
Did you think that one up all by yourself? I bet you had help ..... |
Title: Re: So are they illegal now? Post by Andrei.Hicks on Mar 15th, 2013 at 9:26am
What's that now?
Five posts in a row just abusing the poster? Enlightening Johnny. |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 9:28am Armchair_Politician wrote on Mar 14th, 2013 at 8:55pm:
100% incorrect. Not sure where you're getting your information from, but it's all bad. Sorry. |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 9:35am Armchair_Politician wrote on Mar 14th, 2013 at 8:53pm:
No, they're not abusing any "proper process". Asylum seeking is a perfectly valid and legal component of Australia's Humanitarian Program. You may wish to do a little research on this subject. |
Title: Re: So are they illegal now? Post by Dnarever on Mar 15th, 2013 at 9:42am Armchair_Politician wrote on Mar 15th, 2013 at 7:54am:
Often the insult has more to say about the quality and or intelligence of the poster. |
Title: Re: So are they illegal now? Post by John Smith on Mar 15th, 2013 at 10:29am Andrei.Hicks wrote on Mar 15th, 2013 at 9:26am:
keeping count are you? d!ckhead (opps, I guess thats 6) |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 11:10am Armchair_Politician wrote on Mar 14th, 2013 at 8:55pm:
No, it's not a case of "whatever". Those are two completely different things. Asylum seekers aren't illegal immigrants, no matter what their mode of transport. |
Title: Re: So are they illegal now? Post by Andrei.Hicks on Mar 15th, 2013 at 11:31am
Seriously, I think we need some more threads on illegal boat people.
I don't think we have enough. |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 11:36am Andrei.Hicks wrote on Mar 15th, 2013 at 11:31am:
What are "illegal boat people"? People speeding on Sydney Harbour? |
Title: Re: So are they illegal now? Post by Andrei.Hicks on Mar 15th, 2013 at 11:38am
You know what I mean.
I don;t really care for them all that much, just keep them out of my suburb. The only thing I always wonder is why is it all they ever seem able to do is drive a cab? |
Title: Re: So are they illegal now? Post by Dnarever on Mar 15th, 2013 at 1:12pm Andrei.Hicks wrote on Mar 15th, 2013 at 11:31am:
There are many more threads about it then there are actual illegal boat people. You could probably assign a thread individually to each one and then delete the other 300 unused threads. |
Title: Re: So are they illegal now? Post by Dnarever on Mar 15th, 2013 at 1:18pm Andrei.Hicks wrote on Mar 15th, 2013 at 11:38am:
It was the same in the 70's for the asians and groups before that. problem is that most of their qualifications and experience do not count in Australia. Their children and future generations tend to contribute big time. Very probable that this group will be the same, not like the useless pommy pilots we took from the 60's or 70's. |
Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 15th, 2013 at 1:56pm greggerypeccary wrote on Mar 15th, 2013 at 9:35am:
Australia has a very generous refugee intake program. These people are abusing it by flying into Indonesia with a passport and visa on international flights with the sole purpose of paying people smugglers to board leaking boats for a dangerous voyage to come here. Not only do they throw their passports and identifying documents overboard, they breach UNHCR rules on what constitutes a refugee by passing through a safe country on their way here. That voids their claim for asylum. So not only do they take the place of genuine refugees suffering in UN camps with little or no security, food and health care, they do not even meet the UN's own criteria for claiming asylum. Besides all that, asylum seekers generally request asylum as a safe haven until their country is safe to return to. These people are still on welfare years after arriving, creating a massive drain on government revenue. To top it all off, this mess is entirely of Labor's making from way back in 2008 when Rudd scrapped a policy that was clearly working - the Pacific Solution. So any way you look at it, your position is that of a first-class loser! :) |
Title: Re: So are they illegal now? Post by Karnal on Mar 15th, 2013 at 2:02pm
These people!
|
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 2:37pm Armchair_Politician wrote on Mar 15th, 2013 at 1:56pm:
I'm merely presenting the official position of the Government. You know, the people who make the laws? Asylum seeking is a perfectly valid and legal component of Australia's Humanitarian Program. If you can't handle the facts, that's your problem. Slinging personal abuse isn't going to give your "argument" any validity. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 2:50pm
Lets look at this issue in stages
ANYONE wishing to cross Australian borders (which is over water because Aust is an island) needs a VISA ie an entry permit. A VISA is an identifier of people wishing to enter/stay in Aust as well as their reason for being in Aust. For citizens Your passport is your VISA back into Australia. For non-citizens You must apply for this entry permit. The essential elements of a VISA application is who are you and why are you here. Application of a VISA Can be done in your own country, a neighbouring country or at the border. So the above are the basics of entering Australia. Next comes the asylum issue. The asylum issue usually cross over to the VISA issue where the person claiming asylum makes a claim at the border. People need to be aware of the different laws applying as a person moving from one side of the border to another Crossing Aust borders without a VISA is illegal under the Migration Act s4 and is subject to deportation Officers under this Act are allowed to suspend deportation if the person ask for a VISA at the border based on asylum under the UN Refugee convention At this stage - they still do not have a VISA ie they do not have an entry permit. Therefore they are still are in Australia illegally. You are not assumed to be an asylum seeker just because you submit a claim. All claims made must be verified. Once verified - you are given the asylum seeker status. You then use this status to include in your VISA application and you are issued with a VISA based on this status. |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 3:00pm Maqqa wrote on Mar 15th, 2013 at 2:50pm:
Yes, you are. However, you are not assumed to be a refugee. Once again you are confusing the two terms. There is no application form or approval process to become an asylum seeker. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 3:13pm greggerypeccary wrote on Mar 15th, 2013 at 3:00pm:
Asylum claim - seeking/claiming protection/shelter from anything This claim needs to be verified Refugee - is a person whose is fleeing persecution and they are claiming asylum in that country Therefore in context of refugee - an asylum claim is a claim for protection based on refugee criteria So it seems you are confusing asylum seeker with refugee |
Title: Re: So are they illegal now? Post by adelcrow on Mar 15th, 2013 at 3:20pm Maqqa wrote on Mar 15th, 2013 at 3:13pm:
Call em what you like Maqqa but its not illegal to escape persecution and claim asylum in another country. It happens many times a day all over the world. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 3:21pm adelcrow wrote on Mar 15th, 2013 at 3:20pm:
never said it was |
Title: Re: So are they illegal now? Post by Dnarever on Mar 15th, 2013 at 3:34pm Maqqa wrote on Mar 15th, 2013 at 3:13pm:
No I would say it is you who seems to confuse illegal with everything. An asylum seeker is not an illegal and neither is a refugee. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 3:56pm Dnarever wrote on Mar 15th, 2013 at 3:34pm:
You are now going around and around You have given them the title "asylum seeker" as it their asylum claim have been verified |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 3:58pm Maqqa wrote on Mar 15th, 2013 at 3:13pm:
Nope, I'm not confused about anything. I know the difference between an asylum seeker and a refugee. I know the difference between illegal and unlawful. I know the difference between a superseded Act and a current Act. And, I know the difference between an alien and an illegal alien. Get back to me when you can say the same, and we'll talk ;) |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 4:00pm NBNMyths wrote on Mar 14th, 2013 at 2:32pm:
Quote:
NBNMyth - in the posts claims the Migration Act says if you are escorted to the migration zone then you become a lawful non-citizen Yet I have provided the exact wordings in the Act and it clearly states you need a VISA You better use that wipe on your face NBNMyth |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 4:01pm greggerypeccary wrote on Mar 15th, 2013 at 3:58pm:
Do tell with references |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 4:43pm Maqqa wrote on Mar 15th, 2013 at 3:56pm:
Their status as an asylum seeker doesn't have to be verified Maqqa. Their status as a refugee, however, does have to be verified. You're still getting the two confused Maqqa. To become an asylum seeker: no application or verification required. To become a refugee: application and verification is required. Asylum seekers make a claim to be verified as a refugee, not to be verified as an asylum seeker. By merely stating "I claim asylum" they become asylum seekers. This isn't difficult Maqqa. Why are you still struggling? |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 5:28pm greggerypeccary wrote on Mar 15th, 2013 at 4:43pm:
Their claim of being persecuted needs to be verified Once it's been verified - they are given that status They will use that status to obtain a VISA |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 5:28pm Maqqa wrote on Mar 15th, 2013 at 4:01pm:
bump |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 5:29pm Maqqa wrote on Mar 15th, 2013 at 5:28pm:
To become an asylum seeker: no application or verification required. To become a refugee: application and verification is required. |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 5:44pm Maqqa wrote on Mar 15th, 2013 at 5:28pm:
Asylum seekers make a claim to be verified as a refugee, not to be verified as an asylum seeker. By merely stating "I claim asylum" they become asylum seekers. No verification required. |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 5:52pm greggerypeccary wrote on Mar 15th, 2013 at 5:29pm:
So if no verification is needed - then how do you know they require asylum? and is this the current position by Australian laws whereby there's no need to verify their asylum claims and accept all asylum claims as truthful? |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 5:52pm Maqqa wrote on Mar 15th, 2013 at 5:28pm:
Now I know you're just trolling. Nobody could be as thick as you are acting. I'm finished with you now Maqqa. Here's a reference: http://www.immi.gov.au/media/fact-sheets/62assistance.htm#a Now read it, learn it, and don't come back until you understand it. 'In countries with discrete refugee assessment procedures, an asylum seeker is someone whose claim for protection has not been decided by the country in which she or he has submitted their claim. Not every asylum seeker will ultimately be recognised as a refugee, but every refugee is initially an asylum seeker.' "claim for protection" Maqqa. Read it very carefully. It does not say "claim to become an asylum seeker". Why not? Because one does not need their claim as an asylum seeker to be "decided". They just say "I'm claiming asylum" and they are an asylum seeker. Good day to you sir, and wipe the egg off your face on the way out. |
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 5:53pm Maqqa wrote on Mar 15th, 2013 at 5:52pm:
They open their mouths and say "I'm seeking asylum". ::) |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 5:54pm greggerypeccary wrote on Mar 15th, 2013 at 5:52pm:
before making that claim they would have entered Australia illegally in addition - the quote is a definition by the UN Commission |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 5:57pm greggerypeccary wrote on Mar 15th, 2013 at 5:53pm:
Quote:
|
Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 6:01pm Maqqa wrote on Mar 15th, 2013 at 5:52pm:
They are verified as an asylum seeker as soon as they say "I'm seeking asylum". They are not, however, verified as a refugee. That's why they are detained and processed. ::) |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 6:05pm greggerypeccary wrote on Mar 15th, 2013 at 6:01pm:
You say there are no application - but your source say different ;D ;D Quote:
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Title: Re: So are they illegal now? Post by greggerypeccary on Mar 15th, 2013 at 6:31pm Maqqa wrote on Mar 15th, 2013 at 6:05pm:
OMG, you can not be that stupid. That's a claim for a protection visa, i.e. a claim to become a refugee. Not a claim to become an asylum seeker. Read it: "Applications for protection visas ... " It does not say "Applications to become an asylum seeker ... " does it Maqqa? ::) Stop trolling. |
Title: Re: So are they illegal now? Post by chicken_lipsforme on Mar 15th, 2013 at 7:51pm
If they come to Australia via the smugglers route, the government should not accept resettlement in Australia for those who arrive via such means.
Process the refugee claim certainly, keep them in detention certainly. But they don't get to live in the community, fill our dole queue and be a burden, they can do that elsewhere. That will drive the country shoppers to go somewhere else quick smart, and break the smugglers business model. And Australia can get back to accepting real refugees from real refugee camps. It's time the kid gloves came off, but it won't be up to Labor though. They are simply incompetent and incapable of protecting our borders. |
Title: Re: So are they illegal now? Post by Aussie on Mar 15th, 2013 at 7:56pm
I wonder when exactly people will recognise that this anti 'boat/refugee' policy not only cost the LNP in 2007, it also saw, for only the second time, a Prime Minister lose his own seat?
Has the message not yet got through? ;) |
Title: Re: So are they illegal now? Post by John Smith on Mar 15th, 2013 at 8:59pm Maqqa wrote on Mar 15th, 2013 at 6:05pm:
you really are the epitome of stupid .... |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 10:09pm John Smith wrote on Mar 15th, 2013 at 8:59pm:
WTF are you on about jecksit it was pecker's reference that shot him down |
Title: Re: So are they illegal now? Post by Maqqa on Mar 15th, 2013 at 10:10pm greggerypeccary wrote on Mar 15th, 2013 at 6:31pm:
The Aust government says that an asylum seeker is applying for a protection VISA So if you don't want asylum - then FO |
Title: Re: So are they illegal now? Post by Spot of Borg on Mar 16th, 2013 at 6:17am Maqqa wrote on Mar 15th, 2013 at 5:54pm:
Nope. They havent entered australia. SOB |
Title: Re: So are they illegal now? Post by adelcrow on Mar 16th, 2013 at 6:29am
Maqqa should read the articles in his gotcha threads a tad more carefully.
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Title: Re: So are they illegal now? Post by Armchair_Politician on Mar 16th, 2013 at 6:55am
If this government had the guts, they'd send the lot back. The UNHCR says if anyone transits through a safe country to another country to seek asylum, their actions void the claim for asylum. So by hopping onto a PIA flight to Indonesia and then passing through Customs & Immigration and then paying a people smuggler to board one of their boats, they are contravening what the UN defines as a genuine asylum seeker. Not only that, but a genuine asylum seeker would want to return home when their country is safe. These people are still on welfare 5 years or more after arriving and have no intention of returning to their homeland. Bring back TPV's and watch those numbers freefall, because TPV's do not guarantee permanent residency, only temporary safe haven, which is what being an asylum seeker is all about!
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Title: Re: So are they illegal now? Post by John Smith on Mar 16th, 2013 at 9:20am Maqqa wrote on Mar 15th, 2013 at 10:09pm:
the only one shot down was you ... like I said ... STUPID |
Title: Re: So are they illegal now? Post by Dnarever on Mar 16th, 2013 at 9:25am Armchair_Politician wrote on Mar 16th, 2013 at 6:55am:
Actually you are wrong. |
Title: Re: So are they illegal now? Post by Dnarever on Mar 16th, 2013 at 9:26am John Smith wrote on Mar 16th, 2013 at 9:20am:
Macca being pedantic on a nothing point which he has misinterpreted. |
Title: Re: So are they illegal now? Post by John Smith on Mar 16th, 2013 at 9:32am Dnarever wrote on Mar 16th, 2013 at 9:26am:
he does that a lot ... concentrates on one word but misses the rest of the paragraph the old saying 'can't see the forest through the trees' comes to mind |
Title: Re: So are they illegal now? Post by Maqqa on Mar 16th, 2013 at 1:03pm Dnarever wrote on Mar 16th, 2013 at 9:26am:
So you lose out and now you call me pedantic ;D ;D |
Title: Re: So are they illegal now? Post by chicken_lipsforme on Mar 16th, 2013 at 7:38pm
Illegal schmeegal.
Turning up on another countries border to gain entry via smugglers is illegal. |
Title: Re: So are they illegal now? Post by Dnarever on Mar 16th, 2013 at 10:26pm Maqqa wrote on Mar 16th, 2013 at 1:03pm:
You were clearly wrong as usual? |
Title: Re: So are they illegal now? Post by Dnarever on Mar 16th, 2013 at 10:30pm chicken_lipsforme wrote on Mar 16th, 2013 at 7:38pm:
Sorry but that statment is untrue. |
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