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Nor is there any rule that says refugees can’t flee by plane or choose their destination.It seems odd to me that some Australians want to vilify these people for using commonsense and, in the process, reducing the load on the desperately poor countries that actually being flooded by refugees. Boat people come by boat because they don’t have an Australian visa, and therefore aren’t allowed to fly in to any Australian airport. Under Article 14 of the 1948 Universal Declaration of Human Rights: Every person has the right to seek and enjoy in other countries asylum from persecution, serious human rights violations and other serious harm. In exercising the right to seek asylum, asylum-seekers are often forced to arrive at, or enter, a territory without prior authorisation.These factors, as well as the fact that asylum-seekers have often experienced traumatic events, need to be taken into account in determining any restrictions on freedom of movement based on irregular entry or presence.” (p.12) Yes.
Article 31(1) was intended to apply, and has been interpreted to apply, to persons who have briefly transited other countries or who are unable to find effective protection in the first country or countries to which they flee.” (p.2, 10b, 10c) Because Indonesia hasn’t signed the Refugee Convention, they’re not obliged to protect asylum seekers.As a result, asylum seekers who arrive in Indonesia live in constant fear. There’s no law that says refugees must flee to the nearest country.In most cases, this would simply land them in a poverty-stricken, dangerous refugee camp for years.According to the Department of Immigration and Border Control, since 2008, 92% of all considered asylum cases relating to people arriving by boat were granted (p.30). Australia does it to share the refugee load with other countries.As a graph: But even if they weren’t, it still wouldn’t change Australia’s legal obligation. Accepting asylum seekers who come directly to Australia is our legal obligation.