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Legal Studies HSC > 3 Asylum Seekers > Flashcards

3 Asylum Seekers Flashcards

1
Q

What do asylum seekers do?

A

Enter developed countries and then often request refugee status in a 3rd country

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2
Q

Why wouldn’t asylum seekers go to refugee camps?

A

There are very long internments in the camps

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3
Q

Why are asylum seekers called ‘queue jumpers’?

A

they have jumped the refugee queue and in Australia, the queue for other migrants to enter Australia, as refu

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4
Q

In 2010, how many displaced peoples were there worldwide?

A

44 million

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5
Q

In 2016 how many displaced peoples were there worldwide?

A

65 million

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6
Q

In 2016 how many refugees were there?

A

22.5 million, 5.5 million from Syria, 2.5 million from Afghanistan, 1.4 million from South Sudan

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7
Q

In 2016, how many refugees were resettled?

A

190 000

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8
Q

In 2015-16, Australia accepted how many people through its humanitarian programme?

A

13,750 people

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9
Q

At its peak, how many people arrived in Australia ‘illegally’ by sea?

A

18,000 people

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10
Q

Why did the no. ppl arriving by boat plummet?

A

When the government introduced tough new policies to “stop the boats”.

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11
Q

Until recently in 2015 how many children were held in various forms of detention?

A

2000.

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12
Q

In June 2017, how many refugees were there globally?

A

22.5 million

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13
Q

Where do 55% of all refugees come from?

A

South Sudan, Syria, Afghanistan

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14
Q

Where do 55% of all refugees come from?

A

South Sudan, Syria, Afghanistan

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15
Q

Asylum seeker (UNHCR def)

A

a person who is seeking protection as a refugee

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16
Q

Refugee

A

Someone forced to flee their country because of persecution

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17
Q

What are the international measures which exist to protect asylum seekers?

A
  1. UN Charter 1948
    2.(UDHR) 1948
  2. (ICCPR) - came into force 1976
  3. (ICESCR)- came into force 1976
  4. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    1951
  5. Convention Relating to the Status of Refugees and its 1967 Protocol (Refugees Convention)
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18
Q

Why was the UN Charter important for asylum seekers?

A

It’s central role is to promote peace, which is fundamental to most HR, esp bc asylum seekers often come from places of war, and HR issues can result in conflict and civil war.

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19
Q

Which article of the UDHR states “Everyone has the right to seek and to enjoy in other countries asylum from persecution”?

A

Article 14
it also says: This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

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20
Q

What does article 14 of the UDHR state?

A

“Everyone has the right to seek and to enjoy in other countries asylum from persecution” and (This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes/acts contrary to the purposes and principles of the UN.)

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21
Q

What does article 9 of the ICCPR (1966 or 1976) specify?

A

the protection from arbitrary arrest and detention and reaffirms the writ of habeas corpus.

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22
Q

What is the Convention Relating to the Status of Refugees (1951), created as a direct result of WW II?

A

international treaty which defines a refugee, outlines their rights and establishes the refugee obligations of states.

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23
Q

What does the Convention Relating to the Status of Refugees 1951 define a refugee as?

A

person who is outside of their country of origin and who can prove that they have a well-founded fear of persecution because of race, religion, nationality, membership of a particular social group, or political opinion if they return to their country of origin.

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24
Q

What is the key provision of the 1951 Refugee Convention?

A

Refugees shouldn’t be returned to a country where they fear persecution

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25
Q

How many nations are party to the refugee convention 1951?

A

145

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26
Q

How many parties are signatories to the 1967 additional refugee protocol?

A

146

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27
Q

What is the additional 1967 Protocol Relating to the Status of Refugees?

A

This protocol removed both the temporal and geographic restrictions of the 1951 Convention. This was needed in the historical context of refugee flows resulting from decolonization. However, the Protocol gave those states which had previously ratified the 1951 Convention and chosen to use the geographically restricted definition the option to retain that restriction.

28
Q

What is the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment signed in 1985?

A

an international treaty which aims to prevent torture.

29
Q

What is Australia’s policy of refoulement or transfer to a 3rd country in breach of?

A

the non-refoulement clause of the 1951 Refugee Convention.

30
Q

What does the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment signed in 1985 forbid?

A

states to transport people to any country where there is reason to believe they will be tortured.

31
Q

What also exists as international legal response to protect child asylum seekers?

A

The UN Convention on the Rights of the Child 1989

32
Q

What does CROC 1989 outlaw?

A

Detention of children

33
Q

when talking about this contemporary issue, what could you be asked about?

A
  1. Effectiveness of legal and non-legal measures
  2. Impact of SS
  3. Issues of compliance and non-compliance
  4. Reflection of changing values and ethical standards
  5. Role of law reform
34
Q

Currently is the Australian gov more focussed on humane treatment of asylum seekers or about ‘effective control’ over its territory, people and ultimately sovereignty?

A

‘effective control’ over its territory, people and ultimately sovereignty.

35
Q

Where does the legality of the Aus gov’s actions lie?

A

In their sovereignty and precedents set by other nations

36
Q

How is the legality of Aus gov’s actions, which lies in their sovereignty and precedents set by other nations, prime example of jurisprudence in two ways?

A
  1. it illustrates problems internal to law and domestic versus international legal systems
  2. illustrates problems of law as it relates to the larger political and social situation in which it exists.
37
Q

What are the international non-legal responses to the issue of asylum seekers?

A
  1. UN High Commissioner for Refugees
  2. NGOs
    - Amnesty International
    - HR Watch
38
Q

What was the view of asylum seekers in the 1950’s?

A

Sympathetic

39
Q

How have Western governments altered people’s perceptions of asylum seekers?

A

As govs often rule w. slender majorities, minority groups that oppose asylum seekers can have major sway on politics of a nation.

40
Q

What could the GFC in 2011 have done?

A

Reduce people’s sympathy for asylum seekers.

41
Q

What pressure has reduced people’s sympathy for asylum seekers?

A

Increasing populations

42
Q

In its widespread portrayal of the plight of asylum seekers, how has the media caused the Western world to be less compassionate towards those seeking asylum? When were the needs of asylum seekers first recognised? After WWII, when heaps of ppl were displaced
What was the UN’s 1st major achievement w. regard to asylum seekers? The UDHR 1948
What article states that “everyone has the right to enjoy asylum free from persecution in countries other than their own.” Article 14, UDHR 1948
What does article 14 of the UDHR 1948 state? “everyone has the right to enjoy asylum free from persecution in countries other than their own.”
Where does the International Covenant on Civil and Political Rights ….. mention the right to seek asylum? Article 9. It specifies the protection from arbitrary arrest and detention and reaffirms the writ of habeas corpus.
What article specifies the protection from arbitrary arrest and detention and reaffirms the writ of habeas corpus? Article 9, ICCPR ….

A

Compassion fatigue, as we are constantly exposed, we can become partially desensitised to the issue. As well as the misportrayal of asylum seekers as ‘queue jumping’ or being violent and refugees settled in Australia not contributing.

43
Q

Why was the drafting of the UN Charter in 1945 an important legal response for asylum seekers?

A

The central role of the Charter is to promote and maintain international peace and security. This is fundamental to HR issues, esp. because asylum seekers often come from places of war.

44
Q

In its widespread portrayal of the plight of asylum seekers, how has the media caused the Western world to be less compassionate towards those seeking asylum?

A

Compassion fatigue, as we are constantly exposed, we can become partially desensitised to the issue. As well as the misportrayal of asylum seekers as ‘queue jumping’ or being violent and refugees settled in Australia not contributing.

45
Q

When were the needs of asylum seekers first recognised?

A

After WWII, when heaps of ppl were displaced

46
Q

What was the UN’s 1st major achievement w. regard to asylum seekers?

A

The UDHR 1948

47
Q

What article states that “everyone has the right to enjoy asylum free from persecution in countries other than their own.”

A

Article 14, UDHR 1948

48
Q

Where does the International Covenant on Civil and Political Rights 1976 mention the right to seek asylum?

A

Article 9. It specifies the protection from arbitrary arrest and detention and reaffirms the writ of habeas corpus.

49
Q

What article specifies the protection from arbitrary arrest and detention and reaffirms the writ of habeas corpus?

A

Article 9, ICCPR 1976

50
Q

The law aims to protect human rights, however HR aren’t always enforced in practice.

A

state sovereignty allows Australia to “pass laws” in order to protect or hinder human rights. However, state sovereignty does not limit Australia to simply dealing with the issue of refugees and asylum seekers - they may also “pass laws” to address the issue of human trafficking and slavery.

51
Q

What is the UN High Commissioner for Refugees and when was it established?

A

It’s role is to lead and coordinate international action to protect and assist refugees ad resolve refugee probs worldwide. They advocate govs and the public on behalf of refugees. Est in 1949

52
Q

What did the UNHCR do in 1999?

A

Set out a no. guidelines for detention of refugees. It said detention should only be for exceptional circumstances and express purpose of security, healthy, id checks.

53
Q

What did the UNHCR do in 1999?

A

Set out a no. guidelines for detention of refugees. It said detention should only be for exceptional circumstances and express purpose of security, healthy, id checks.

54
Q

What is the UNHRC?

A

UN HR Council is an intergov org acts as a complaints and review body to help enforce and promote HR worldwide.

55
Q

What was the Children Overboard scandal about?

A

Through misportrayed images, the Howard gov in 2011 made allegations about seafaring asylum seekers had thrown children overboard as a ploy to secure rescue and passage to Australia.

56
Q

What are the specific international legal responses towards asylum seekers & refugees?

A

1951 Refugee Convention

Un High Commissioner for Refugees

57
Q

What did release of Nauru files reveal about Australia’s treatment of asylum seekers?

A

revealed more than 2000 leaked documents relating to serious reports of abuse, sexual assault and self harm. Shockingly children were largely overrepresented- with more than half of the incidences relating to children whilst they only constitute 18% of those in detention. (THe Guardian, 2016).
Demonstrating a massive failure of the Australian governemtn with regard to respecting the ICCPR and ICESCR and importantly the Refugee Convention 1951 and CROC 1989.

58
Q

What is the state of the Manus Island detention centre that is being closed?

A

they planned to close the camp on 31/10/17 yet PNG does not want to resettle the refugees. The refugees have been told to leave the refugee camp of be forced out by police. There are plans to send them to other accommodation facilities, yet their safety in PNG is in question.

59
Q

in 2016 how many children were still in detention in Nauru?`

A

54

60
Q

What article shows how the media can impede the plight of refugees?

A

‘Asylum seeker scammers exploiting Aussie medical welfare’ Daily Telegraph, 2017

61
Q

Under what Act does Australia have a system of mandatory detention in offshore locations for those who arrive by boat without a valid visa?

A

Migration Act 1958 Cth

62
Q

Migration Act 1958 Cth

A

Australia have a system of mandatory detention in offshore locations for those who arrive by boat without a valid visa

63
Q

With regrad to offshore processing and detention of AS, as under the Migration Act 1958, what has High Court ruled?

A

that law made by Parliament about offshore detention is valid

64
Q

What does doctrine of SS mean?

despite being a signatory to the UDHR and Refugee Convention, what does Australia also have?

A

the doctrine of SS, meaning the right to make its own laws without interference according to the values of its citizens.

65
Q

Whilst international human rights protections in theory? what does doctrine of SS mean?

A

Allows Australia to bypass this protection, thus limiting enforcement of HR

Legal Studies HSC (45 decks)

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