Migration zone Australia

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"Stop the boats" poster campaign

The migration zone Australia in its current form, with military use for surveillance, was created in September 2001 in the wake of the Tampa affair under the liberal-conservative government of Prime Minister John Howard . Howard wanted a land of so-called boat people , the Norwegian freighter MS Tampa had rescued from drowning, avoid on the Australian mainland. This policy, known as the Pacific Solution , is essentially directed against asylum seekers who set off on boats in Indonesia and seek asylum in Australia . The boat people who enter the Australian migration zone are taken into Australian immigration detention, which is unique in the world and is practiced in Australia on a legal basis.

The Australian migration zone extends far away from the Australian coast of Queensland , Western Australia and the Northern Territory, and it also extends far into international waters. Within this zone there are around 4,000 islands, including Christmas Island , Ashmore and Cartier Islands and Cocos Islands as well as technical facilities at sea such as Australian oil rigs. Since 2016, the migration zone has also included Norfolk Island , an Australian outer area .

prehistory

Australian migration and asylum policy is a consequence of the White Australia Policy , which was rooted in Australia's early days. In 1901, the newly constituted Commonwealth of Australia passed the Immigration Restriction Act of Australia 1901 to prevent the migration of non-European people. This policy was only relaxed after the end of World War II , when Australian politics realized that more workers were needed to move Australia forward. This policy ended back in 1958 when the government passed the Migration Act 1958 , which defined a migration zone that encompassed the state of Australia with its outer territories and platforms at sea. In September 2001, the Howard government urgently passed the Migration Amendment (Excision from Migration Zone) Act 2001 and the Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 in September 2001.

migration

The legal regulations mentioned above resulted in considerable restrictions, because anyone who penetrates this migration zone has little chance of filing an application for asylum in Australia, as this is only possible under Australian law upon arrival on the Australian mainland. A person who enters the migration zone, as non-citzen ( non-citizens of Australia considered), unless he a visa or a bridging visa can show (sinngemaß time-limited visa). An asylum seeker forfeited his right to seek asylum and commits an Unauthorized arrival ( unauthorized arrival ). The Australian migration zone is controlled by patrolling warships and aircraft. The Royal Australian Navy defined its role in the migration and asylum policy of Australia for the military Operation Relex , which it renamed Operation Resolute in July 2005 .

Migration zone

As of 1992, virtually all those who arrived on boats without a valid visa were placed in immigration detention in accordance with the Migration Amendment Act 1992 . Such camps exist in other countries as well, but Australia is the only country that detains asylum seekers.

Boat people who reached Australia from 1994 to 2012

In 2012, the then ruling Australian Labor Party considered expanding the migration zone to all of Australia. This was intended to destroy the hope of boat people to be able to claim an asylum application when they land on the continental coast of Australia. In May 2013, this bill was passed in the Australian Parliament , continuing the policy of the Howard government that ended in 2006 after it was voted out. Until it was voted out in 2013, the Labor Party continued this rigid policy which, according to Prime Minister Kevin Rudd, meant that any asylum seeker who reached Australia by boat had no prospect of asylum there. Rudd was defeated in the November 2013 election and the conservative Tony Abbott came to power.

Abbott ran his “stop the boats” election campaign, also known as Operation Sovereign Borders . In doing so, he continued the rigid migration policy initiated under Rudd after he took office in September 2013 as Prime Minister, as did the subsequent government under Malcolm Turnbull and Scott Morrison , who has been in power since 2018 (as of 2019).

deportation

The boats of the boat people entering the migration zone are usually turned away. Since the fishing boats can hardly be described as seaworthy, they often get into distress. In this case, the boat people in distress will be picked up by the warships and will not be brought to Australian territory, but to the Manus Regional Processing Center on the island of Manus in New Guinea by the end of 2017 . This ended in late 2017 when the Newquinea Constitutional Court ruled the camp illegal. Boat people are also brought to the Nauru Regional Processing Center on the island state of Nauru and also to Christmas Island in the Christmas Island Immigration Reception and Processing Center . The conditions in these camps and the hopelessness of the inmates often lead to protests.

Admitted boat people will continue to be taken into immigration custody (as of December 2019) and have no right of action in Australian courts. In the procedures, which can drag on for years, the applicants are exposed to the benevolence of the administration. You cannot call for legal counsel in the ongoing proceedings and sue against them if they are rejected.

See also

Individual evidence

  1. ↑ Norfolk Island Legislation (Migration) Transitional Rule 2016 , from 2016, on Commonwealth of Australia . Retrieved December 21, 2019
  2. ^ Immigration Restriction Act 1901 , Government of Australia. Retrieved December 20, 2019
  3. ^ Migrations Act 1959 , Government of Australia. Retrieved December 20, 2019
  4. ^ Migration Amendment (Excision from Migration Zone) Act 2001 , to the Government of Australia. Retrieved December 20, 2019
  5. ^ Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 , Government of Australia. Retrieved December 20, 2019
  6. ^ Bridging Australian Visas , on Government of Australia. Retrieved December 20, 2019
  7. ↑ Excisions from the Migration Zone — Policy and Practice (PDF), March 1, 2004, to the Australian Parliament. Retrieved December 14, 2019
  8. ↑ Operation Resulute on Airforce Australia. Retrieved December 20, 2019
  9. ↑ Janet Phillips, Harriet Spinks: Immigration detention in Australia , April 2, 2013, on aph.gov.au. Retrieved December 20, 2019
  10. ↑ Dan Harrison, Phillip Coorey: Labor caucus accepts move to excise mainland from migration zone , October 30, 2012, on Brisbane Times. Retrieved December 20, 2019
  11. ^ Karen Barlow et al: Parliament excises mainland from migration zone , May 16, 2013, Australian Broadcasting Corporation. Retrieved December 20, 2019
  12. ^ Leonore Taylor: Rudd announces deal to send all asylum boat arrivals to Papua New Guinea , July 19, 2013, on The Guardian . Retrieved December 20, 2019. Retrieved December 20, 2019.
  13. ^ Boat arrivals in Australia since 1976 , from 2012, on the Commonwealth of Australia . Retrieved December 22, 2019
  14. ↑ Brett Cole: Australia Will Close Detention Center on Manus Island, but Still Won't Accept Asylum Seekers , August 17, 2016, on NYtimes.com. Retrieved December 22, 2019
  15. ↑ Stephanie Andersen: Australia's detention centers a crime against humanity, says submission before ICC , February 17, 2017, on ABC. Retrieved December 22, 2019