Asylum seekers and people smuggling - from St Louis to the Tampa

Fairall, Paul Ames (2001) Asylum seekers and people smuggling - from St Louis to the Tampa. James Cook University Law Review, 8. pp. 18-25.

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This paper will consider the Australian response to people smuggling against the backdrop of the events of September 11 and the so-called war on terrorism, in which Australia is an enthusiastic participant. Border protection became the key issue in the recent federal elections, the result of the coincidence of September 11 and the almost contemporaneous saga involving the rescue ship, the MV Tampa. In the aftermath of the Tampa case, the government introduced mandatory minimum sentences for people smuggling, and introduced specific measures retrospectively removing any possible claim for compensation or unlawful action in relation to the detention of the Tampa. Importantly, parts of Australia most accessible by boat from Indonesia, namely, Christmas Island, Ashmore Reef and the Cocos Islands, were removed from the country's migration zone, making it impossible to apply for a protection visa from those parts of Australia. The government also strengthened the regime of mandatory detention, a regime strongly criticised by the Australian Commonwealth Ombudsman as conferring fewer privileges than those enjoyed by convicted criminals, and placing women and children at risk. Australia's image as a decent humanitarian nation has been severely damaged by these affairs. Amnesty International has been especially critical of Australia's policy on refugees.

Item ID: 13244
Item Type: Article (Research - C1)
ISSN: 1321-1072
Keywords: asylum seekers
Date Deposited: 28 Feb 2013 04:56
FoR Codes: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9403 International Relations > 940302 International Aid and Development @ 100%
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