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The Pacific Solution is the name given to the government of Australia's policy of transporting asylum seekers to detention centres on island nations in the Pacific Ocean, rather than allowing them to land on the Australian mainland. Initially implemented from 2001 to 2007, it had bipartisan support from the Coalition and Labor opposition at the time. The Pacific Solution consisted of three central strategies:
Australian immigration detention facilities comprise a number of different facilities throughout Australia, including the Australian territory of Christmas Island. Such facilities also exist in Papua New Guinea and Nauru, namely the Nauru Regional Processing Centre and the Manus Regional Processing Centre.
Villawood Immigration Detention Centre, originally Villawood Migrant Hostel or Villawood Migrant Centre, split into a separate section named Westbridge Migrant Hostel from 1968 to 1984, is an Australian immigration detention facility located in the suburb of Villawood in Sydney, Australia.
The Australian migration zone is a legal device created by the Australian Government for the purpose of Australia's visa policy and immigration policy, as the territory in which Australia's visa policy applies. The Australian migration zone covers such Australian controlled territories as the government may determine. Prior to 2001, the Australian migration zone consisted of the mainland, as well as some external territories. Norfolk Island, for example, was not part of the Australian migration zone until 2016. Under Australia’s universal visa policy, a non-citizen must hold an Australian visa within the Australian migration zone. Without such a visa, or a bridging visa, the non-citizen is an unlawful non-citizen and treated as an "unauthorised arrival". However, the main effect of the migration zone is that unauthorised arrivals outside the zone have very limited access for review by Australian courts.
The Department of Immigration and Border Protection (DIBP) was a department of the Government of Australia that was responsible for immigration, citizenship and border control. It has now been subsumed into the Department of Home Affairs, which combines its responsibilities with a number of other portfolios.
Since 1945, immigration to the United Kingdom, controlled by British immigration law and to an extent by British nationality law, has been significant, in particular from the Republic of Ireland and from the former British Empire, especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya, and Hong Kong. Since the accession of the UK to the European Communities in the 1970s and the creation of the EU in the early 1990s, immigrants relocated from member states of the European Union, exercising one of the European Union's Four Freedoms. In 2021, since Brexit came into effect, previous EU citizenship's right to newly move to and reside in the UK on a permanent basis does not apply anymore. A smaller number have come as asylum seekers seeking protection as refugees under the United Nations 1951 Refugee Convention.
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure. Mandatory detention refers to the practice of compulsorily detaining or imprisoning people seeking political asylum, or who are considered to be illegal immigrants or unauthorized arrivals into a country. Some countries have set a maximum period of detention, while others permit indefinite detention.
The visa policy of Australia deals with the requirements that a foreign national wishing to enter Australia must meet to obtain a visa, which is a permit to travel, to enter and remain in the country. A visa may also entitle the visa holder to other privileges, such as a right to work, study, etc. and may be subject to conditions.
Ruddock v Vadarlis was an Australian court case decided in the Federal Court of Australia on 18 September 2001. It concerned the actions of the Government of Australia in preventing asylum seekers aboard the Norwegian cargo vessel MV Tampa from entering Australia in late August 2001. The Victorian Council for Civil Liberties, and solicitor Eric Vadarlis, were seeking a writ of habeas corpus. The case is significant because it is one of the few cases to consider the nature and scope of the prerogative power of the executive branch of Government in Australia.
Al-Kateb v Godwin, was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Commonwealth Minister for Immigration's decision to refuse the application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002, Al-Kateb declared that he wished to return to Kuwait or Gaza. However, since no country would accept Al-Kateb, he was declared stateless and detained under the policy of mandatory detention.
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continuous residence without the legal right to live in that country. Illegal immigration tends to be financially upward, from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and/or other sanctions.
The Australian government has a policy and practice of detaining in immigration detention facilities non-citizens not holding a valid visa, suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in immigration detention until a decision is made by the immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of origin/passport. Persons in immigration detention may at any time opt to voluntarily leave Australia for their country of origin, or they may be deported or given a bridging or temporary visa. In 1992, Australia adopted a mandatory detention policy obliging the government to detain all persons entering or being in the country without a valid visa, while their claim to remain in Australia is processed and security and health checks undertaken. Also, at the same time, the law was changed to permit indefinite detention, from the previous limit of 273 days. The policy was instituted by the Keating government in 1992, and has been varied by the subsequent Howard, Rudd, Gillard, Abbott, Turnbull, Morrison and Albanese Governments. The policy is regarded as controversial and has been criticised by a number of organisations. The High Court of Australia has confirmed, by majority, the constitutionality of indefinite mandatory detention of non-citizens.
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African immigration to Israel is the international movement to Israel from Africa of people that are not natives or do not possess Israeli citizenship in order to settle or reside there. This phenomenon began in the second half of the 2000s, when a large number of people from Africa entered Israel, mainly through the then-lightly fenced border between Israel and Egypt in the Sinai Peninsula. According to the data of the Israeli Interior Ministry, 26,635 people arrived illegally in this way by July 2010, and over 55,000 by January 2012. In an attempt to curb the influx, Israel constructed the Egypt–Israel barrier. Since its completion in December 2013, the barrier has almost completely stopped the immigration of Africans into Israel across the Sinai border.
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Asylum in Australia has been granted to many refugees since 1945, when half a million Europeans displaced by World War II were given asylum. Since then, there have been periodic waves of asylum seekers from South East Asia and the Middle East, with government policy and public opinion changing over the years.
Operation Sovereign Borders (OSB) is a border protection operation led by the Australian Defence Force, aimed at stopping maritime arrivals of asylum seekers to Australia. The operation is the outcome of a 2013 federal election policy of the Coalition, which commenced on 18 September 2013 after the election of the Abbott government. The operation has implemented a "zero tolerance" posture towards what it has termed "Illegal Maritime Arrivals" − a change in terminology from the previous government's "Irregular Maritime Arrivals" − in Australia, in conjunction with mandatory detention in offshore detention facilities.
The Migration Act 1958(Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons."
Immigration is the movement of an individual or group of peoples to a foreign country to live permanently. Since 1788, when the first British settlers arrived in Botany Bay, immigrants have travelled from across the world to establish a life in Australia. The reason for people or groups of peoples moving to Australia varies. Such reasons can be due to seeking work or even refuge from third world countries. The health of immigrants entering Australia varies depending on the individual's country of origin and the circumstance of which they came, as well as their state of travel to Australia. Immigrants are known to enter Australia both regularly and irregularly, and this can affect one's health immensely. Once in Australia, immigrants are given the opportunity to access a high quality of healthcare services, however, the usage of these services can differ dependent on the culture and place of birth of the individual. Researchers have proven this. Australia has strict health regulations that have to be met before one is allowed access into Australia and can determine if one is granted or denied such access. The quarantine process of immigrants into Australia has been in place since 1830, starting at the North Head Quarantine Station and continues all over Australia.
Externalization is efforts by wealthy, developed countries to prevent asylum seekers and other migrants from reaching their borders, often by enlisting third countries or private entities. Externalization is used by Australia, Canada, the United States, the European Union and the United Kingdom. Although less visible than physical barriers at international borders, externalization controls or restrict mobility in ways that are out of sight and far from the country's border. Examples include visa restrictions, sanctions for carriers who transport asylum seekers, and agreements with source and transit countries. Consequences often include increased irregular migration, human smuggling, and border deaths.
References
- ↑ Migration Act 1958 (Cth) s 14, AustLII.
- ↑ Population Growth: Coming to Australia, Australian Bureau of Statistics, 6 June 2001.
- ↑ Fact Sheet 86 – Overstayers and Other Unlawful Non-citizens, Department of Immigration and Border Protection, 2012. Retrieved 24 November 2013. The article incorrectly states the percentage as 0.02%, but the numerical figure is more reliable, so we base our percentage calculation on that.
- ↑ "60,000 illegal migrants hiding in Australia, claims report".
- ↑ "Calls for amnesty for undocumented workers, as new report recommends 'one-off' visas in agriculture". ABC News. 4 March 2021.
- ↑ Janet Phillips and Harriet Spinks: Immigration detention in Australia, Social Policy Section, Parliamentary Library, 20 March 2013; Migration Act 1958 (Cth) s 189.
- ↑ Humanitarian Arrivals, Year Book 2011, Australian Bureau of Statistics, 24 May 2012.
- ↑ Australia and asylum seekers: the key facts you need to know, The Guardian, 2 July 2013.
- ↑ Protocol against the Smuggling of Migrants by Land, Sea and Air Archived 17 July 2013 at the Wayback Machine , United Nations, 2000.