Australian Politics Forum - Why not ban all Muslims coming to Australia?

Grappler Truth Teller Feller

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Re: Why not ban all Muslims coming to Australia?
Reply #135 - Jul 24^th, 2016 at 12:06pm

Mattyfisk wrote on Jul 24^th, 2016 at 11:53am:

Grappler Truth Teller Feller wrote on Jul 24^th, 2016 at 11:49am:

Brian Ross wrote on Jul 23^rd, 2016 at 9:40pm:

Grendel wrote on Jul 23^rd, 2016 at 8:35pm:

I suppose the question should be asked.... why do they come to Australia and not an ISLAMIC STATE

Better job opportunities?
Better education for their kids?
Better home to live in?
Not going (normally) to be roused in the middle of the night and shot by the authorities.

Many reason, as to why and all are legitimate and fair, Grendel. They are the same reasons why your ancestors came to Australia.

To live a better life and be safe.

Look at Sam Dastardly - sucked deeply off the hind teat of everything Australia could offer...... but doesn't want to discuss the problem of non-integrational social groups with a massive potential for violence and crime.

Strange. Every time this issue’s discussed, there’s Sam Dastiari.

He must have a double, no?

He IS a double.... a sort of blow-up doll ..... every time the issue of non-integrational social groups comes up, the Labor Party fill him with hot air and send him out to do battle with the Infidel.

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rhino

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Re: Why not ban all Muslims coming to Australia?
Reply #136 - Jul 24^th, 2016 at 12:17pm

longweekend58 wrote on Jul 24^th, 2016 at 9:06am:

rhino wrote on Jul 23^rd, 2016 at 10:12pm:

Brian Ross wrote on Jul 23^rd, 2016 at 9:38pm:

[
And as I have pointed out, such a law would be declared unlawful as per Section 116 of the Constitution.

wrong. Only prohibits the government from making laws prohibiting practise of religion in Australia and does not apply to foreign citizens. You keep failing at this Brian.

and YOU are wrong. The constitution bans laws making a state religion or religiously biased laws.

Show how the Australian constitution applies to foreign citizens. Keep sticking that chin out, Lol.

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Brian Ross

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Re: Why not ban all Muslims coming to Australia?
Reply #137 - Jul 24^th, 2016 at 3:04pm

rhino wrote on Jul 24^th, 2016 at 12:17pm:

longweekend58 wrote on Jul 24^th, 2016 at 9:06am:

rhino wrote on Jul 23^rd, 2016 at 10:12pm:

Brian Ross wrote on Jul 23^rd, 2016 at 9:38pm:

[
And as I have pointed out, such a law would be declared unlawful as per Section 116 of the Constitution.

wrong. Only prohibits the government from making laws prohibiting practise of religion in Australia and does not apply to foreign citizens. You keep failing at this Brian.

and YOU are wrong. The constitution bans laws making a state religion or religiously biased laws.

Show how the Australian constitution applies to foreign citizens. Keep sticking that chin out, Lol.

It doesn't have to. It applies to the laws that the Australian Parliament passes, wally. Roll Eyes

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Grappler Truth Teller Feller

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Re: Why not ban all Muslims coming to Australia?
Reply #138 - Jul 24^th, 2016 at 3:24pm

Brian Ross wrote on Jul 24^th, 2016 at 3:04pm:

rhino wrote on Jul 24^th, 2016 at 12:17pm:

longweekend58 wrote on Jul 24^th, 2016 at 9:06am:

rhino wrote on Jul 23^rd, 2016 at 10:12pm:

[quote author=Brian_Ross link=1469243035/100#100 date=1469273886][
And as I have pointed out, such a law would be declared unlawful as per Section 116 of the Constitution.

wrong. Only prohibits the government from making laws prohibiting practise of religion in Australia and does not apply to foreign citizens. You keep failing at this Brian.

and YOU are wrong. The constitution bans laws making a state religion or religiously biased laws.

Show how the Australian constitution applies to foreign citizens. Keep sticking that chin out, Lol.
[/

It doesn't have to. It applies to the laws that the Australian Parliament passes, wally. Roll Eyes

It applies to foreign citizens living here while seeking citizenship, when they set about trying to set up religious based laws. Part of integration..... learn our way or it's the seaway/airway ....

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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
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Brian Ross

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Re: Why not ban all Muslims coming to Australia?
Reply #139 - Jul 24^th, 2016 at 3:26pm

Grappler Truth Teller Feller wrote on Jul 24^th, 2016 at 3:24pm:

Brian Ross wrote on Jul 24^th, 2016 at 3:04pm:

rhino wrote on Jul 24^th, 2016 at 12:17pm:

longweekend58 wrote on Jul 24^th, 2016 at 9:06am:

rhino wrote on Jul 23^rd, 2016 at 10:12pm:

[quote author=Brian_Ross link=1469243035/100#100 date=1469273886][
And as I have pointed out, such a law would be declared unlawful as per Section 116 of the Constitution.

wrong. Only prohibits the government from making laws prohibiting practise of religion in Australia and does not apply to foreign citizens. You keep failing at this Brian.

and YOU are wrong. The constitution bans laws making a state religion or religiously biased laws.

Show how the Australian constitution applies to foreign citizens. Keep sticking that chin out, Lol.
[/

It doesn't have to. It applies to the laws that the Australian Parliament passes, wally. Roll Eyes

It applies to foreign citizens living here while seeking citizenship, when they set about trying to set up religious based laws. Part of integration..... learn our way or it's the seaway/airway ....

True.

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Someone said we could not judge a person's Aboriginality on their skin colour. Why isn't that applied in the matter of Pascoe? Tsk, tsk, tsk... Roll Eyes

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rhino

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Re: Why not ban all Muslims coming to Australia?
Reply #140 - Jul 24^th, 2016 at 3:32pm

Quote:

In August 1992, the Parliamentary Joint Standing Committee on Migration
Regulation, which had been established in 1990, published a report entitled
Australia's refugee and humanitarian system: Achieving a balance between refuge
and control.
33 As a result of that report, the Migration Reform Act 1992 (Cth) was
enacted. Under the 1992 Amending Act the visa was made the single authority
under which, for most purposes, a non-citizen could be permitted to enter into or
remain in Australia.

http://www.hcourt.gov.au/assets/publications/speeches/current-justices/frenchcj/...

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rhino

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Re: Why not ban all Muslims coming to Australia?
Reply #141 - Jul 24^th, 2016 at 3:33pm

Brian Ross wrote on Jul 24^th, 2016 at 3:04pm:

rhino wrote on Jul 24^th, 2016 at 12:17pm:

longweekend58 wrote on Jul 24^th, 2016 at 9:06am:

rhino wrote on Jul 23^rd, 2016 at 10:12pm:

Brian Ross wrote on Jul 23^rd, 2016 at 9:38pm:

[
And as I have pointed out, such a law would be declared unlawful as per Section 116 of the Constitution.

wrong. Only prohibits the government from making laws prohibiting practise of religion in Australia and does not apply to foreign citizens. You keep failing at this Brian.

and YOU are wrong. The constitution bans laws making a state religion or religiously biased laws.

Show how the Australian constitution applies to foreign citizens. Keep sticking that chin out, Lol.

It doesn't have to. It applies to the laws that the Australian Parliament passes, wally. Roll Eyes

which do not apply to foreign citizens.

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Brian Ross

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Re: Why not ban all Muslims coming to Australia?
Reply #142 - Jul 24^th, 2016 at 3:36pm

rhino wrote on Jul 24^th, 2016 at 3:32pm:

Quote:

In August 1992, the Parliamentary Joint Standing Committee on Migration
Regulation, which had been established in 1990, published a report entitled
Australia's refugee and humanitarian system: Achieving a balance between refuge
and control.
33 As a result of that report, the Migration Reform Act 1992 (Cth) was
enacted. Under the 1992 Amending Act the visa was made the single authority
under which, for most purposes, a non-citizen could be permitted to enter into or
remain in Australia.

http://www.hcourt.gov.au/assets/publications/speeches/current-justices/frenchcj/...

Quote:

n the last 20 years or so the judicial power has been invoked in the field of migration with far greater frequency than at any other time in our history. Parliament has legislated to try to confine the jurisdiction of the courts and the scope of judicial review. It is, however,a central feature of the Australian Constitution that judicial review of the exercise of power by Commonwealth officers is entrenched. It cannot be removed by statute nor side-stepped by the operation of privative clauses.

Section 116.

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Someone said we could not judge a person's Aboriginality on their skin colour. Why isn't that applied in the matter of Pascoe? Tsk, tsk, tsk... Roll Eyes

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Brian Ross

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Re: Why not ban all Muslims coming to Australia?
Reply #143 - Jul 24^th, 2016 at 3:37pm

rhino wrote on Jul 24^th, 2016 at 3:33pm:

Brian Ross wrote on Jul 24^th, 2016 at 3:04pm:

rhino wrote on Jul 24^th, 2016 at 12:17pm:

longweekend58 wrote on Jul 24^th, 2016 at 9:06am:

rhino wrote on Jul 23^rd, 2016 at 10:12pm:

Brian Ross wrote on Jul 23^rd, 2016 at 9:38pm:

[
And as I have pointed out, such a law would be declared unlawful as per Section 116 of the Constitution.

wrong. Only prohibits the government from making laws prohibiting practise of religion in Australia and does not apply to foreign citizens. You keep failing at this Brian.

and YOU are wrong. The constitution bans laws making a state religion or religiously biased laws.

Show how the Australian constitution applies to foreign citizens. Keep sticking that chin out, Lol.

It doesn't have to. It applies to the laws that the Australian Parliament passes, wally. Roll Eyes

which do not apply to foreign citizens.

So, the Migration Act doesn't apply to foreigners?

So, all Australian legislation does not apply to foreign residents then?

You really are being silly, you realise? Roll Eyes

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Someone said we could not judge a person's Aboriginality on their skin colour. Why isn't that applied in the matter of Pascoe? Tsk, tsk, tsk... Roll Eyes

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rhino

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Re: Why not ban all Muslims coming to Australia?
Reply #144 - Jul 24^th, 2016 at 3:39pm

Brian Ross wrote on Jul 24^th, 2016 at 3:36pm:

rhino wrote on Jul 24^th, 2016 at 3:32pm:

Quote:

In August 1992, the Parliamentary Joint Standing Committee on Migration
Regulation, which had been established in 1990, published a report entitled
Australia's refugee and humanitarian system: Achieving a balance between refuge
and control.
33 As a result of that report, the Migration Reform Act 1992 (Cth) was
enacted. Under the 1992 Amending Act the visa was made the single authority
under which, for most purposes, a non-citizen could be permitted to enter into or
remain in Australia.

http://www.hcourt.gov.au/assets/publications/speeches/current-justices/frenchcj/...

Quote:

n the last 20 years or so the judicial power has been invoked in the field of migration with far greater frequency than at any other time in our history. Parliament has legislated to try to confine the jurisdiction of the courts and the scope of judicial review. It is, however,a central feature of the Australian Constitution that judicial review of the exercise of power by Commonwealth officers is entrenched. It cannot be removed by statute nor side-stepped by the operation of privative clauses.

Section 116.

Thats referring to review of refugee visa, nothing to do with foreign citizens not yet in australia. if you cant get this brian then ufortunately im just going to have to conclude you are missing a chromosone.

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rhino

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Re: Why not ban all Muslims coming to Australia?
Reply #145 - Jul 24^th, 2016 at 3:41pm

Brian Ross wrote on Jul 24^th, 2016 at 3:37pm:

rhino wrote on Jul 24^th, 2016 at 3:33pm:

Brian Ross wrote on Jul 24^th, 2016 at 3:04pm:

rhino wrote on Jul 24^th, 2016 at 12:17pm:

longweekend58 wrote on Jul 24^th, 2016 at 9:06am:

rhino wrote on Jul 23^rd, 2016 at 10:12pm:

Brian Ross wrote on Jul 23^rd, 2016 at 9:38pm:

[
And as I have pointed out, such a law would be declared unlawful as per Section 116 of the Constitution.

wrong. Only prohibits the government from making laws prohibiting practise of religion in Australia and does not apply to foreign citizens. You keep failing at this Brian.

and YOU are wrong. The constitution bans laws making a state religion or religiously biased laws.

Show how the Australian constitution applies to foreign citizens. Keep sticking that chin out, Lol.

It doesn't have to. It applies to the laws that the Australian Parliament passes, wally. Roll Eyes

which do not apply to foreign citizens.

So, the Migration Act doesn't apply to foreigners?

So, all Australian legislation does not apply to foreign residents then?

You really are being silly, you realise? Roll Eyes

correct. Is this had to understand? Does Indonesian law apply in Australia?
n

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Brian Ross

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Re: Why not ban all Muslims coming to Australia?
Reply #146 - Jul 24^th, 2016 at 3:45pm

rhino wrote on Jul 24^th, 2016 at 3:41pm:

Brian Ross wrote on Jul 24^th, 2016 at 3:37pm:

rhino wrote on Jul 24^th, 2016 at 3:33pm:

Brian Ross wrote on Jul 24^th, 2016 at 3:04pm:

rhino wrote on Jul 24^th, 2016 at 12:17pm:

longweekend58 wrote on Jul 24^th, 2016 at 9:06am:

rhino wrote on Jul 23^rd, 2016 at 10:12pm:

Brian Ross wrote on Jul 23^rd, 2016 at 9:38pm:

[
And as I have pointed out, such a law would be declared unlawful as per Section 116 of the Constitution.

wrong. Only prohibits the government from making laws prohibiting practise of religion in Australia and does not apply to foreign citizens. You keep failing at this Brian.

and YOU are wrong. The constitution bans laws making a state religion or religiously biased laws.

Show how the Australian constitution applies to foreign citizens. Keep sticking that chin out, Lol.

It doesn't have to. It applies to the laws that the Australian Parliament passes, wally. Roll Eyes

which do not apply to foreign citizens.

So, the Migration Act doesn't apply to foreigners?

So, all Australian legislation does not apply to foreign residents then?

You really are being silly, you realise? Roll Eyes

correct.

So, why should I bother with your replies if you are being silly? Roll Eyes

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Someone said we could not judge a person's Aboriginality on their skin colour. Why isn't that applied in the matter of Pascoe? Tsk, tsk, tsk... Roll Eyes

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rhino Gold Member Offline Australian Politics Posts: 17179 Gender:	Re: Why not ban all Muslims coming to Australia? Reply #147 - Jul 24^th, 2016 at 3:49pm Maybe Schappelle Corby should have tried the Brian Ross defence. lol
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Frank

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Re: Why not ban all Muslims coming to Australia?
Reply #148 - Jul 24^th, 2016 at 7:09pm

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

There is nothing there to say that you cannot bar someone from Australia on religious grounds.

MIGRATION ACT 1958 - SECT 501

Refusal or cancellation of visa on character grounds
Decision of Minister or delegate--natural justice applies

         (1) The Minister may refuse to grant a visa to a person if the person does not satisfy the Minister that the person passes the character test.

Note:       Character test is defined by subsection (6).

         (2) The Minister may cancel a visa that has been granted to a person if:

                  (a) the Minister reasonably suspects that the person does not pass the character test; and

                  (b) the person does not satisfy the Minister that the person passes the character test.

Decision of Minister--natural justice does not apply.

(6) For the purposes of this section, a person does not pass the character test if:

                  (a) the person has a substantial criminal record (as defined by subsection (7)); or

                  (aa) the person has been convicted of an offence that was committed:

                           (i) while the person was in immigration detention; or

                           (ii) during an escape by the person from immigration detention; or

                        (iii) after the person escaped from immigration detention but before the person was taken into immigration detention again; or

               (ab) the person has been convicted of an offence against section 197A; or

                  (b) the Minister reasonably suspects:

                        (i) that the person has been or is a member of a group or organisation, or has had or has an association with a group, organisation or person; and

                           (ii) that the group, organisation or person has been or is involved in criminal conduct; or

               (ba) the Minister reasonably suspects that the person has been or is involved in conduct constituting one or more of the following:

                           (i) an offence under one or more of sections 233A to 234A (people smuggling);

                           (ii) an offence of trafficking in persons;

                        (iii) the crime of genocide, a crime against humanity, a war crime, a crime involving torture or slavery or a crime that is otherwise of serious international concern;

                        whether or not the person, or another person, has been convicted of an offence constituted by the conduct; or

                  (c) having regard to either or both of the following:

                           (i) the person's past and present criminal conduct;

                           (ii) the person's past and present general conduct;

                        the person is not of good character; or

                  (d) in the event the person were allowed to enter or to remain in Australia, there is a risk that the person would:

                           (i) engage in criminal conduct in Australia; or

                           (ii) harass, molest, intimidate or stalk another person in Australia; or

                        (iii) vilify a segment of the Australian community; or

                        (iv) incite discord in the Australian community or in a segment of that community; or

                           (v) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way; or

                  (e) a court in Australia or a foreign country has:

                           (i) convicted the person of one or more sexually based offences involving a child; or

                           (ii) found the person guilty of such an offence, or found a charge against the person proved for such an offence, even if the person was discharged without a conviction; or

                  (f) the person has, in Australia or a foreign country, been charged with or indicted for one or more of the following:

                           (i) the crime of genocide;

                           (ii) a crime against humanity;

                        (iii) a war crime;

                        (iv) a crime involving torture or slavery;

                           (v) a crime that is otherwise of serious international concern; or

                  (g) the person has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 ); or

                  (h) an Interpol notice in relation to the person, from which it is reasonable to infer that the person would present a risk to the Australian community or a segment of that community, is in force.
[url][/

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Estragon: I can’t go on like this.
Vladimir: That’s what you think.

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Gordon Gold Member Offline Australian Politics Posts: 20322 Gordon Gender:	Re: Why not ban all Muslims coming to Australia? Reply #149 - Jul 24^th, 2016 at 7:35pm Don't sweat the small stuff lovies. When the crushing overwhelming majority of aussie want moozlims banned the beurocrats will put their heads together and work out a way. Not long now.
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