yr10geo-migrationrefugeenotes18.5.11-1
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YEAR 10 GEOGRAPHY
AUSTRALIAN FEDERAL GOVERNMENT POLICY REGARDING ASYLUM SEEKERS
During 1992 the then Australian Government under Prime Minister Paul Keating introduced
mandatory detention for asylum seekers. This policy received bipartisan support.
The relevant legislation was introduced in response to the influx of Vietnamese, Chinese and
Cambodian refugees arriving in Australia during the 1980s.
Initially, there was a 273 day time limit on detention but that was lifted in 1994 and thus began a
policy of indefinite periods of mandatory detention. This is one feature of the current Government
policy that is causing so much outrage and criticism.
The justification for mandatory detention was to allow the Government (through the Department ofImmigration) to investigate and assess the identity of each asylum seeker and the validity of their
application for refugee status. It was not intended to punish asylum seekers.
This policy continued until 2001 when the then Howard Government introduced the Pacific Solution.
The Pacific Solution came about following the Tampa incident in August 2001. The incident
involved a Norwegian vessel, the Tampa. The Captain of the Tampa had picked up 438 Afghan
asylum seekers from a distressed fishing vessel in international waters. The nearest country was
arguably Australia but Prime Minister Howard refused to allow the Tampa to enter Australian
waters. There was an international incident regarding the behaviour of the Australian Government
and generally the Australian Government has been condemned for its decision to refuse entry to
Australian waters.
The Australian Navy took the asylum seekers from the Tampa and transported them to Nauru where
they were detained in accordance with the mandatory detention policy. The Federal Government,
again with the support of the Opposition, then passed legislation which excised various islands in
Australian waters from Australias migration zone. This meant that when asylum seekers arrived on
those islands, such as Christmas Island, they werent considered to have arrived in Australia and
therefore had no entitlement to protection of the Australian legal system. They were then
transported to Nauru, Manus Islands (PNG) or held on Christmas Island whilst the application was
processed. It was an out of sight, out of mind policy.
The Pacific Solution clearly played a significant part in reducing the number of asylum seekers
arriving by boat. From about 2001 until 2007 very few boats arrived in Australian waters.
With the change of Government in 2007, the Prime Minister Kevin Rudd promised to end the Pacific
Solution. Consequently, the Nauru and Manus Island detention centres were closed.
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