Should we call asylum seekers ‘illegals’? > Check the facts
Who: Immigration Minister Scott Morrison has instructed staff to publicly refer to asylum seekers as ‘illegal arrivals’.
The Claim: The people who arrive on boats seeking asylum are doing so illegally.
The Facts: Under the UN Refugee Convention, which Australia has signed, it is not illegal to arrive by boat and seek asylum in Australia. The Convention states that everyone has the right to seek asylum in Australia.
Discussion of evidence: A previous fact published in June this year outlined why arriving on boat and seeking asylum is not illegal. This evidence has been republished below in light of the change in government rhetoric surrounding asylum seekers.
Under the UN Refugee Convention, which Australia has signed, everyone has the right to seek asylum from persecution in other countries, regardless of their method of arrival.
Article 31 of the UN Convention states that asylum seekers cannot be punished for entering a country without authorisation. It is recognised that refugees do not have to obtain travel documentation or travel through authorised channels because it is not always safe or practical to do so.
The Refugee Council of Australia states that asylum seekers do not break any Australian laws by arriving on boats without formal documentation. In a 2002 Federal Court decision Justice Merkel stated that asylum seekers have a “lawful entitlement” under international and domestic law to seek asylum in Australia.
The use of the term ‘illegal’ when referring to asylum seekers has also been recognised by the Australian Press Council as incorrect. They have warned the press that the use of this term is a breach of journalistic ethics and complaints can be brought against them.
Between the Lines Newsletter
The biggest stories and the best analysis from the team at the Australia Institute, delivered to your inbox every fortnight.
You might also like
Labor Voters Overwhelmingly Support Royal Commission into Offshore Detention
Australia Institute research shows a strong majority of Australians, including an overwhelming majority of Labor voters, support the establishment of a Royal Commission into offshore detention. The Australia Institute surveyed voters about recent allegations of potential corruption and bribery in relation to the management of Australia’s offshore detention network and asked their opinion about potential
Are asylum seekers illegal? > Check the facts
Who: “..more people illegally arrive in Australia on another boat.” Scott Morrison. The Claim: That the people who arrive on boats seeking asylum are breaking the law. The Facts: Asylum seekers who arrive by boat in Australia are not illegal. Under the UN Refugee Convention, which Australia has signed, they have the right to seek asylum
Truth, Lies and Consequences | Between the Lines
The Wrap with Richard Denniss While I have no doubt that the votes cast in the recent referendum were validly counted, I have major doubts about the arguments and evidence on which many of those votes were based. Misinformation and lies have always played a role in elections, but new technology has made it so