Careful Stratos.
Use of 'illegal' to describe arrivals and entry
The situation is less straightforward when the term "illegal" is used more broadly.
Any person arriving in Australia without a visa, including an asylum seeker, is an "unlawful non-citizen" under Australian law.
Mr Morrison can rely upon the definition of "illegal entry" in the people smuggling protocol, which Australia signed and ratified, so long as he makes it clear that he is doing so.
However, experts warn that the use of the terms "illegal" and "unlawful" in this context is potentially misleading, as they are words usually applied to criminal acts.
Professor Schloenhardt told ABC Fact Check that it is acceptable to refer to people coming to Australia without visas (including those who are not asylum seekers) as "illegal immigrants".
However, on a practical level, he says that "illegal implies that a criminal offence has been committed, which asylum seekers have not, and for that reason it is preferable to use different vocabulary".
Ellen Hansen from the Canberra office of the UN High Commissioner for Refugees told ABC Fact Check that "the term 'illegal' is not one that UNHCR uses or encourages the use of in relation to refugees or asylum-seekers arriving without a visa".
Other terminology is available. Professor Schloenhardt said international organisations prefer to use the term "irregular migrant".
The verdict
Mr Morrison is correct.
Based on the definition set out in the people smuggling protocol, people who have come to Australia without a valid visa have illegally entered the country.
That is the case even though these people have not committed any crime, nor broken any Australian or international law.
http://www.abc.net.au/news/2013-09-06/morrison-correct-illegal-entry-people/4935...