• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Human Rights - Asylum Seekers.

Extracts from this document...

Introduction

Human Rights- Asylum Seekers Human rights are concepts relating to human dignity and rights of individuals that are argued to be intrinsic to each human. These rights are enforceable when the legal system recognises the right in some legal form; frequently they are not recognised in practise. The most recognised document today discussing human rights is the Universal Declaration of Human Rights which was created by the United Nations. The wide acceptance of this declaration suggests that it may be considered part of International Customary Law. Asylum means the power of a state to grant shelter and protection to refugees many of whom may have experienced political persecution. In recent times asylum seeking in Australia is a major political issue. International human rights have been developed over many hundreds of years through customary international law and more recently, multilateral treaties and conventions developed specifically to address human right issues. There are several categories regarding human rights these are: > Civil and political rights > Economic, social and cultural rights > Environmental and peace rights > Right to self determination Civil and Political rights are rights that refer to the integrity of a person, both physically and as a member of the community. The International Covenant on Civil and Political Rights lists twenty-one articles that are linked to political and civil rights of a person. ...read more.

Middle

In Australia, the refugee and humanitarian program is linked by an off-shore and an on-shore component. 10,000 places are allocated to off-shore applicants who are waiting each year to be accepted as humanitarian entrants, while on-shore asylum seekers flee by whatever means available directly to Australia where on 2,000 places are on offer for applicants. Those asylum seekers who arrive in Australia with documentation are placed in detention centres ranging from three months to sometimes six years while they wait for their asylum to be decided and a Permeant Protection Visa (PPV) is granted. Australia provides protection for asylum seekers who meet the United Nations definition of a refugee, which is defined in the 1951 Convention and 1967 protocol relating to the status of refugees. In the United Nations Declaration of Human Rights, the UN proposed that "everyone has the right to seek and to enjoy in other countries asylum from persecution." In this article the UN was attempting to set a standard of rights for the treatment of refugees. Australia initially responded to this proposal by the UN by becoming a party to the Convention Relating to the Status of Refugees in 1951 and by forming the Migration Act 1953(Migration Act 1953)<-------- (AT OUR SKOOL WE HAVE TO LIST THE ACTS IN ITALICS OR WE LOOSE MARKS). ...read more.

Conclusion

These statistics illustrate just how effective this Tribunal is, it demonstrates the number of successful cases that they have reviewed. The amendment to the Migration legislation came into practice on the 1st October 2001 to clarify the application in Australia of the UN Convention Relating to the Status of Refugees. The amendments were also aimed at strengthening powers to protect asylum processes against an increasing incidence of fraud in the presentation of claims. The legislation also: * Prevents people basing their applications on conduct in Australia designed purely to strengthen their claims * Clarifies circumstances in which people will not receive protection because of their serious criminal conduct * Provides increased powers to draw adverse inferences if a person fails to provide information on oath or affirmation or cannot provide reasonable explanation for the absence of any identity documents * Prevents people whose protection visas have been cancelled, or who have previously applied as family members and been refused, from making another protection visa application. There are many services run by the Government that are set up to assist asylum seekers. Some of these include: - Financial assistance to eligible Protection Visa applicants who are unable to meet their basic needs for food, accommodation and health care while their application is being processed. - Help in preparing and lodging Protection Visa applicants through the Immigration Advice and Application Assistance Scheme. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Free essay

    How effective are domestic and international legal measures in dealing with human trafficking?

    This NGO aspires to to promote a human rights response that prioritises the needs and concerns of survivors, improve and expand legal protections and benefits for survivors, along with to increase collaboration between community and government agencies to effectively address slavery and human trafficking crimes, mobilize public awareness and support

  2. &amp;quot;In form, the Human Rights Act (HRA) is compatible with parliamentary sovereignty. In practice, ...

    Where legislation is incompatible with Convention rights, the government may still proceed to implement it, which affirms the positive limb of Dicey's theory of Parliamentary sovereignty - Parliament retains the right to make any law whatsoever. The doctrine of implied repeal is a necessary aspect of Parliamentary sovereignty which prevents Parliament from legislating in a way that binds its successors.

  1. How has the European Court of Human Rights contributed to the protection of children's ...

    Netherlands32, where European Commission dismissed 14-year-old runaway's complaint of infringement of her Art. 8 right by welfare authorities returning her home against her will, justified by Art. 8(2) protection of health and morals. In X v. Denmark33, however, the Court decided that parents' Art.

  2. &amp;quot;Public policy has been slow to treat disability as a matter of equality, human ...

    In order to have this inclusion commence effectively, in 1995 the Disability Discrimination Act was born. This Act, as the name suggests dealt with the issue of discrimination against disabled people, in the fields' of Education, Employment, Provision of Goods and Services, Facilities, buying and letting land, and Public Transport

  1. Assess theeffectiveness of the Law in Achieving Justice for Indigenous People.

    Consequently, the indigenous Australians were considered a primitive race, with no obvious system of local law, and Australia was deemed uninhabited land under the doctrine of Terra Nullius - thereby, allowing Britain to claim sovereignty over it and allowing English law to be adopted.

  2. EU law and Human Rights

    Long gone are the days where a king could have a peasant killed for the fun of it. Through the steady development of civil liberties, the situation has changed so much that the peasant now has the power to decide which king he wants to see on the throne.

  1. Can the Islamic approach to Human Rights be compatible withthe current International Human Rights ...

    the community and that everyone shall be subject only to such limitations as are determined by law (United Nations, 1998). To draw the specific attention to the women's rights context, we may quote the preamble of the Universal Declaration of Human Rights which implies the equality both women and men'

  2. Should people have a right to privacy?

    develop the torts of passing off even though there are several dissimilar pieces of legislation protecting image rights in rare situations. One reason for the lack of development in England is the principle of freedom of expression ? which has also developed problems regarding super injunctions.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work