Maqqa wrote on Dec 28
th, 2012 at 9:58am:
Sub-section 2 is why they are detained!!
The asylum status is what they are applying for.
Until such time they are regularised/approved they are locked up!!
Note the words "coming directly from a territory where their life or freedom was threatened"
I was not aware that Malaysia was threatening their life or freedom
for dna who is really really slow
Section 1 provides for people fleeing persecution to cross the border into another country to claim asylum
The people who are taking ship from Malaysian territory into Australian territory are not claiming asylum because of persecution in Malaysia. They are claiming asylum from their original country of origin - NOT Malaysia.
So that this gets through your head and every other lefties' head.
EVERY country needs to have a set of guidelines and laws to deal with people entering their country illegally - FACT!!
They can either make it up themselves and/or they use another country's laws or the UN Convention as a guideline - FACT
FACTS - there are no country in this world that have their own laws reflecting word for word the UN Convention.
The UN Convention is a set of principle - but it's up to each country to develop their own unique application and implementation
FACTS are - even if you sign up to the UN Convention the law of that land will ALWAYS override the UN Convention. WHY? Because the country can ALWAYS walk away from the UN Convention ANYTIME under Article 44.
So while Malaysia and Indonesia have not signed up to the UN Convention - they have laws that deals with those entering their country. Even if the law is to shoot them - it is still a law.
dna tells us that Malaysia does not have to follow Article 31 - this is like saying the sun will rise tomorrow. OF COURSE they don't.
But they have used it as a guide. How can we tell?
Article 31 recognise mandatory detention. Malaysia has mandatory detention.
Article 31 assist in sending people to a 3rd country. Malaysia have been doing this for years.