Articles sur Asylum seekers and the law

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Amnesty International alleges breaches of law on transnational organised crime and human rights grounds in relation to Australia’s anti-people smuggling activities. AAP/Scott Fisher

Amnesty accuses Australia of violating international law – but any prosecutions are unlikely

Amnesty International believes its evidence shows that Australia organised or directed the crew of an asylum seeker boat to commit the crime of people smuggling into Indonesia.
A crew of people smugglers have alleged that an Australian official paid them to return a boatload of asylum seekers to Indonesia. AAP/Customs

Is it an offence if Australians pay people smugglers to turn back?

If Australian officials did pay off people smugglers, has the government effectively joined the people smuggling trade? Has it broken any laws?
The High Court decision on 157 asylum seekers detained at sea in 2014 – as well as recent legislative changes – raises concerns about the rights of asylum seekers. AAP/Lukas Coch

Australia can detain asylum seekers on the high seas, the High Court decides

On Wednesday, the High Court handed down an important judgment on the legality of the interception of asylum seeker vessels and the detention of those onboard on the high seas. It ruled, by a 4:3 majority…
Australia may be placing the life of Tamil asylum seekers at risk by directly handing them over to a government they claim to be fleeing without first adequately assessing their safety. AAP/Scott Fisher

Handing over Tamils to the state they fled breaks international law

Australia appears to have reached a new all-time low in its violation of international obligations and its treatment of vulnerable people seeking Australia’s protection. If widespread media reports are…
What are Australia’s legal and moral responsibilities under the relevant conventions and the law of the sea to rescue and ‘turn back’ asylum seeker boats? AAP

Explainer: the law of the sea and asylum seekers

Prime minister Tony Abbott said on Monday he expects Jakarta to take responsibility for the asylum seekers that Australian authorities rescue in Indonesia’s search and rescue zone. He claims this is the…

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