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	<title>Comments on: Time to stand up for human rights in Sri Lanka &#8212; at last</title>
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	<link>http://www.crikey.com.au/2009/10/29/time-to-stand-up-for-human-rights-in-sri-lanka-at-last/</link>
	<description>now with extra source</description>
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		<title>By: shepherdmarilyn</title>
		<link>http://www.crikey.com.au/2009/10/29/time-to-stand-up-for-human-rights-in-sri-lanka-at-last/#comment-43412</link>
		<dc:creator>shepherdmarilyn</dc:creator>
		<pubDate>Thu, 29 Oct 2009 06:01:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/10/29/time-to-stand-up-for-human-rights-in-sri-lanka-at-last/#comment-43412</guid>
		<description>Our contribution seems to be to do anything we possibly can to prevent any refugee ever escaping the hell and asking anyone for help rather than embarrass the government.

Spies all over Sri Lanka, in Malaysia and Indonesia are tracking the movement of refugees while governments get away with murder.

Most of the people now on Christmas Island are Tamils who sailed direct and yet we still whine about all these non-existent people smugglers.

We have not ever locked up a single person for people smuggling but we have jailed a lot of Indonesian fishermen for not people smuggling.

.Wandera, there are smuggling rings, but refugees don&#039;t have to be smuggled into Australia because it is their legal right to come.

http://sievx.com/articles/sentences/dirlist.php

If you read these cases you will note:

“As has been observed in relation to other cases of this kind, the prisoners were not involved in a &#039;people-smuggling&#039; exercise. There was nothing covert about either operation. They were transporting the non-citizens to Australia for presentation to Australian authorities. There was no attempt to hide from the authorities or to disguise what they had done”. 

&quot;62 The Refugees Convention implicitly requires that, generally, the signatory countries process applications for refugee status of on-shore applicants irrespective of the legality of their arrival, or continued presence, in that country: see Art 31. That right is not only conferred upon them under international law but is also recognised by the Act (see s 36) and the Migration Regulations 1994 (Cth) which do not require lawful arrival or presence as a criterion for a protection visa. If the position were otherwise many of the protection obligations undertaken by signatories to the Refugees Convention, including Australia, would be undermined and ultimately rendered nugatory.&quot;  Justice Merkel in Al Masri. 

So put the two together and what do you have - refugees exercising a right endowed by Australian law and  using non-smugglers to do it.</description>
		<content:encoded><![CDATA[<p>Our contribution seems to be to do anything we possibly can to prevent any refugee ever escaping the hell and asking anyone for help rather than embarrass the government.</p>
<p>Spies all over Sri Lanka, in Malaysia and Indonesia are tracking the movement of refugees while governments get away with murder.</p>
<p>Most of the people now on Christmas Island are Tamils who sailed direct and yet we still whine about all these non-existent people smugglers.</p>
<p>We have not ever locked up a single person for people smuggling but we have jailed a lot of Indonesian fishermen for not people smuggling.</p>
<p>.Wandera, there are smuggling rings, but refugees don&#8217;t have to be smuggled into Australia because it is their legal right to come.</p>
<p><a href="http://sievx.com/articles/sentences/dirlist.php" rel="nofollow">http://sievx.com/articles/sentences/dirlist.php</a></p>
<p>If you read these cases you will note:</p>
<p>“As has been observed in relation to other cases of this kind, the prisoners were not involved in a &#8216;people-smuggling&#8217; exercise. There was nothing covert about either operation. They were transporting the non-citizens to Australia for presentation to Australian authorities. There was no attempt to hide from the authorities or to disguise what they had done”. </p>
<p><span class="dquo">&#8220;</span>62 The Refugees Convention implicitly requires that, generally, the signatory countries process applications for refugee status of on-shore applicants irrespective of the legality of their arrival, or continued presence, in that country: see Art 31. That right is not only conferred upon them under international law but is also recognised by the Act (see s 36) and the Migration Regulations 1994 (Cth) which do not require lawful arrival or presence as a criterion for a protection visa. If the position were otherwise many of the protection obligations undertaken by signatories to the Refugees Convention, including Australia, would be undermined and ultimately rendered nugatory.&#8221;  Justice Merkel in Al Masri. </p>
<p>So put the two together and what do you have - refugees exercising a right endowed by Australian law and  using non-smugglers to do it.</p>
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