High Court rejects Malaysian Solution (1 Viewer)

[Lentern]

You mean the same guys firing on boats trying to cross the Mediterranean? Those guys?

Europe is a broad church.

 

[zombie omie jay]

They're both as bad as each other but i dread the thought of Tony Abbot being P.M. Thank god we have a free judicicary in this country

tony abbot will be elected pm next elected, god willing

 

[Rafy]

The draft of the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 has been released.

The substantive part of the amendment is this:

@198AB Offshore processing country
(1) The Minister may, in writing, designate that a country is an offshore processing country.
(2) The only condition for the exercise of the power under subsection (1) is that the Minister thinks that it is in the public interest to designate the country to be an offshore processing country.
(3) The power under subsection (1) may only be exercised by the Minister personally.
(4) If the Minister designates a country under subsection (1), the Minister may, in writing, revoke the designation.
(5) The rules of natural justice do not apply to the exercise of the power under subsection (1) or (4).
(6) A designation under subsection (1), or a revocation under subsection (4), is not a legislative instrument.

This replaces the current section 198A which reads:

(3) The Minister may:

(a) declare in writing that a specified country:

(i) provides access, for persons seeking asylum, to effective procedures for assessing their need for protection; and

(ii) provides protection for persons seeking asylum, pending determination of their refugee status; and

(iii) provides protection to persons who are given refugee status, pending their voluntary repatriation to their country of origin or resettlement in another country; and

(iv) meets relevant human rights standards in providing that protection; and

(b) in writing, revoke a declaration made under paragraph (a).

 

[Garygaz]

the arctic circle is now an offshore processing country

 

[Blastus]

Basically this legislation makes refugees the minister's bitches

Wow, personal sovereignty be damned

 

[Rafy]

Could also be invalid. This government doesn't have a clue.

Legal advice says migration changes invalid

 

[Chemical Ali]

don't forget the rest of it

(1) The Minister may, in writing, designate that a country is an 18
offshore processing country.
(2) The only condition for the exercise of the power under subsection (1) is that the Minister thinks that it is in the public interest to designate the country to be an offshore processing country…
(5) The rules of natural justice do not apply to the exercise of the 28
power under subsection (1) or (4).

(2) Nothing in this Act:
(a) affects the operation of the migration law; or
(b) affects the performance or exercise, or the purported performance or exercise, of any function, duty or power under the migration law; or
(c) imposes any obligation on the Minister to exercise, or to consider exercising, any power conferred on the Minister by or under the migration law.

(3) Without limiting subsection (2), nothing in this Act affects the performance or exercise, or the purported performance or exercise, of any function, duty or power relating to:
(a) the removal of a non-citizen child from Australia under section 198 or 199 of the Migration Act 1958; or
(b) the taking of a non-citizen child from Australia to an offshore processing country under section @198AD of that Act; or
(c) the deportation of a non-citizen child under section 200 of that Act; or
(d) the taking of a non-citizen child to a place outside Australia under paragraph 245F(9)(b) of that Act.

no more worrying about children now

 

[Rafy]

New draft. Doesn't fix any of the problems. Minister now has to consider a number of issues in making his determination, but this isn't open to review.

@198AB
Offshore processing country

(1) The Minister may, in writing, designate that a country is an offshore processing country
(2) The only condition for the exercise of the power under subsection (1) is that the Minister thinks that it is in the national interest to designate the country to be an offshore processing country.
(3) In considering the national interest for the purposes of subsection (2), the Minister:
(a) must have regard to whether or not the country has given Australia any assurances to the effect that:
(i) the country will not expel or return a person taken to the country under section @198AD to another country where his or her life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion; and
(ii) the country will make an assessment, or permit an assessment to be made, of whether or not a person taken to the country under that section is covered by the definition of refugee in Article 1A of the Refugees Convention as amended by the Refugees Protocol; and
(b) may have regard to any other matter which, in the opinion of the Minister, relates to the national interest.
(4) The assurances referred to in paragraph (3)(a) need not be legally binding.
(5) The power under subsection (1) may only be exercised by the Minister personally.
(6) If the Minister designates a country under subsection (1), the Minister may, in writing, revoke the designation.
(7) The rules of natural justice do not apply to the exercise of the power under subsection (1) or (6).
(8) A designation under subsection (1), or a revocation under subsection (6), is not a legislative instrument.

 

[Chemical Ali]

Is it possible Labor are deliberately making the legislation over the top so Libs won't support it then they can say "Libs killed offshore processing not our fault"?

 

[cosmo kramer]

who cares about offshore processing anyway that much they'll just be coming here in the end anyway

 

[boris]

are you saying that in regards to opposition to offshore processing?
i dont want it because it it ultra expensive with the same net result in granted asylum cunts

 

[cosmo kramer]

are you saying that in regards to opposition to offshore processing?
i dont want it because it it ultra expensive with the same net result in granted asylum cunts

both

i mean obviously onshore processing is better given that it is cheaper with exactly the same result so less money
but its still chump change in the grand scheme of things so why are people getting so heated about it
its not like the asylum boosters ever talk about the financial aspect anyway the only part of the debate they give a shit about is human rights jargon

 

[boris]

idk doesnt it cost like $250 million
thats a bit
that is like 2 new hospitals or something idk

 

[cosmo kramer]

sudanese afghani and tamil asylum seekers are fucking shit

so many of them are just trolley pushers in dubbo

 

[cosmo kramer]

sudanese are the absolute worst though

flood the north shore and the eastern suburbs with them and stop sending them out here please

 

[cosmo kramer]

i have no idea how they even get their supermarket jobs there's no way the govt isn't helping them get them they hardly even speak english

 

[boris]

bullets are like $0.50 each mate

 

[cosmo kramer]

stand in straight lines

 

[cosmo kramer]

i wish the govt would pay a supermarket to give me a job if i was unemployed

 

[Lolsmith]

sudanese are the absolute worst though

flood the north shore and the eastern suburbs with them and stop sending them out here please

I don't think Parliament would let this happen since there are a fair few that live here (I say "here" because I'm at uni right now)