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  1. #1
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    Default Navy would have role in turning asylum boats around under LNP.

    How on Earth does the LNP propose to do this? Surely the Australian Navy would have no jurisdiction outside Australian waters?

    Blah!

    Opposition immigration spokesman Scott Morrison and deputy opposition leader Julie Bishop said a Coalition government would use the Australian navy to turn back asylum seeker boats.


    The Australian Navy would be charged with repelling Sri Lankan asylum seeker boats outside Australia's international borders under a Coalition government.
    Shadow immigration spokesman Scott Morrison said a Coalition government would turn all Sri Lankan boats around, without exception.
    Mr Morrison and deputy Liberal leader Julie Bishop were speaking about their recent trip to Sri Lanka, which they said showed the country was returning to safety after the civil war.
    He said the pair had been told the greatest threat to Sri Lankans' lives was getting on a boat rather than staying in the country, and the primary motivation for those coming to Australia was ''economic and lifestyle''.


    Their comments come in the wake of a UNHCR report slamming conditions for asylum seekers on Papua New Guinea's Manus Island and urging the new Immigration Minister, Brendan O'Connor, to stop sending people to the centre until the report's recommendations are implemented.


    In a further sign of the tough policies the Coalition will campaign on before the September election, Mr Morrison flagged that Australian forces would be involved in forcibly repelling asylum seeker boats from reaching Australian waters, where they would engage Australia's international refugee protection commitments.


    He claimed this would not put Australia in breach of its international laws, because the Refugee Convention does not have extra-territorial powers, and the returns would be done in international waters. But the convention forbids Australia from returning people to countries where their life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

    Mr Morrison stopped short of saying how he would achieve the forced returns in international waters, saying he did not wish to give a ''heads up'' to refugee lawyer David Manne. Mr Manne led the successful High Court challenge to the Malaysian solution, among other high-profile cases.
    He insisted, however, that the policy was safe and could be done compassionately.

    Australia would be unable to forcibly remove asylum boats once they reached Australian waters without first giving asylum seekers the chance to make their case for Australia's protection under refugee laws.

    The Greens' immigration spokeswoman, Senator Sarah Hanson-Young, said the returns would be in clear breach of international laws.
    ''It simply can't be done. It can't be done legally,'' she said.
    ''The Coalition and Tony Abbott are prepared to do anything including illegal acts in order to continue their get tough, get cruel, get mean race to the bottom on refugees.''
    Greens leader Christine Milne said conditions were still not safe for Tamils in Sri Lanka.
    ''People are disappearing in white vans, never to be heard of again,'' she said.
    Mr Morrison said that even for people who felt they had a case for asylum, the safer option was to stay put rather than get on a boat for Australia. For this reason, he said: ''Our policy of ensuring that all boats who would seek to come to Australia illegally would be returned.
    ''They will be intercepted outside our sea border and it will be arranged for them to be returned to Sri Lanka.''
    Asked to clarify whether that meant the Australian Navy would be sent to intercept boats outside Australia's borders, Mr Morrison said: ''That is our policy.''

    http://www.smh.com.au/opinion/politi...204-2dtkd.html

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    Default Re: Navy would have role in turning asylum boats around under LNP.

    I don't see how this would be possible. The navy has to figure out if they are genuine refugees, doesn't that take time? Are they going to sit out at sea while they check every persons background?

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    Default Re: Navy would have role in turning asylum boats around under LNP.

    They've done it before... Plus 9 times out of 10 the asylum seekers aren't even in aus waters when they send out the signal to the Australian government (I say government as it's both customs and the navy that receive the signal). Before labor came into power the navy would intercept the boat and empty their fuel, leaving them with only enough to go back where they came but not enough to reach aus soil...

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    and all that the Lorax left here in this mess was a small pile of rocks with the one word...UNLESS
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    That's what I thought smidget. So unless an international law has changed, how can this be different to what went on before?

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    Forgive me if I'm sounding stupid but if a boat is not in international waters, or waters from another country how does the Australian Navy have the jurisdiction to do this?

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    Default Re: Navy would have role in turning asylum boats around under LNP.

    Quote Originally Posted by ~Bec~ View Post
    Forgive me if I'm sounding stupid but if a boat is not in international waters, or waters from another country how does the Australian Navy have the jurisdiction to do this?
    I'll admit I'm naive when it comes to this but could it be that because it's international waters there is no jurisdiction? So no one covers it which in turn doesn't make it technically illegal?

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    Default Navy would have role in turning asylum boats around under LNP.

    I don't understand how this is legal, when Australia is signatory to the Refugee Convention which says that anyone can come here seeking asylum? It's been some time since I actually read the convention, but I don't recall a part saying we get to make it as hard as possible for them to arrive here to legally claim said asylum- it's not a freaking game show. How awful.

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    Default Navy would have role in turning asylum boats around under LNP.

    Sorry but didnt John Howard do this or am I wrong?

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    Looks like it's on very dodgy legal grounds

    http://www.smh.com.au/opinion/politi...204-2dulb.html

    Here's a snippet
    Natalie Klein, a professor at Macquarie University's law school, said under the law of the sea Australia did not have authority to board vessels beyond 24 nautical miles off the Australian coast

    ''Once a person has raised a claim of asylum, Australia doesn't escape its obligations because it's operating extra-territorially. It has to be sure it isn't sending asylum seekers back to countries where they will be persecuted,'' she said.

    Professor Klein said Australia could legally board Sri Lankan boats in international waters only if the two countries signed a bilateral treaty.
    Mr Morrison, deputy Liberal leader Julie Bishop and border protection spokesman Michael Keenan recently returned from a tour of Sri Lanka, which they said showed the country was returning to safety after civil war. Mr Morrison said getting on a boat now posed a greater threat to Sri Lankans' lives than staying in the country.


    Greens immigration spokeswoman Sarah Hanson-Young said the returns would be in clear breach of international laws. ''It simply can't be done. It can't be done legally,'' the senator said.



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    Default Re: Navy would have role in turning asylum boats around under LNP.

    Quote Originally Posted by monnie24 View Post
    Sorry but didnt John Howard do this or am I wrong?
    That's what I said above. What a lot of people don't know is that customs is backing off and letting the navy deal with the boats more. This is because they are starting to arm themselves and only the navy is allowed to carry weapons, customs don't. It was rather a scary thought when my DP was on the navy boats... It's getting more dangerous every day to be either a) part of border protection, or b) an asylum seeker choosing boats. There have also been cases with the new scheme of sending the asylum seekers to another country where they have turned it down and gone back to their country of origin. What does this say about the people that are trying to get to aus?

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