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It Won't and Can't Happen Here, Australia Remains Open!
The news over this past weekend about the Executive Order that was signed by Trump may cause worry and concern to the holders of Australian visas as to whether anything similar could possibly happen in Australia.
As many news articles have reported, the Executive Order attempted to impose the following restrictions on immigration into the US:
* Indefinitely barred Syrian refugees from entering the US;
* Suspended all refugee admissions for 120 days;
* Blocked citizens of seven Muslim-majority nations (Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen), refugees or otherwise, from entering the Unites States for 90 days.
Reports in the media have indicated that this Executive Order has caused chaos around the world.
These reports state that legal permanent residents of the United States (so called "Green card" holders) and others who had already been granted visas (including refugees) were stopped and detained at airports in the United States and in other countries, including Egypt, the UAE and Turkey and also were either prevented from boarding aircraft bound for the United States or were pulled off planes after they had boarded.
This Executive Order is apparently a "back door" attempt to try to implement Trump's infamous and plainly unconstitutional proposal to impose a "shut down" on immigration to the United States by Muslims "until we can figure out what the hell is going on".
The good news, if there can be any out of this shocking story, is that Trump's purported Executive Order has already been blocked by several Federal Courts in the United States.
And the better news for those holding or seeking Australian visas is that this type of madness simply cannot and will not happen here.
For one thing, the Prime Minister and the Minister for Immigration simply do not have legal authority under the Migration Act to impose a blanket ban on entry to Australia by the holders of humanitarian (refugee) visas.
Also there is no legal authority under the Migration Act for the Prime Minister to unilaterally issue an "Executive Order" to "suspend" immigration into Australia from any particular country by the holders of other types of visas.
And there's no legal authority by which the holder of an Australia visa could have that visa cancelled, or that they could be placed in immigration detention, for even one second, on the basis of their nationality.
Furthermore, there are no "religious tests" for migration to Australia.
The criteria for the grant of Australian visas are completely "faith neutral" - the question of whether a person can lawfully be granted an Australian visa is decided based on a variety of factors but a person's religion or country of origin is not something that is considered.
And in fact if any efforts were to be made to introduce "religious tests" or criteria based on national origin into Australia's migration legislation, they would surely be struck down by the courts, immediately and forcefully.
So, while Trump may wish to turn his back on America's long established tradition of open, nondiscriminatory and humanitarian immigration, Australia is not going to follow in its footsteps.
The famous words of the poet Emma Lazarus that are inscribed on the pedestal of the Statue of Liberty in New York Harbour may be called into question by Trump, but they continue to ring clear with a clarion voice here in Australia:
"Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
Yes, whatever may happen elsewhere, Australia continues to honour its humanitarian obligations to refugees, to value and respect its traditions of multiculturalism, diversity and tolerance, and to treasure the contributions that migrants make to Australian society.
That will never change
Addendum: the NY Times article that can be found by clicking on this link highlights the harsh impact of this foolhardy and ill-informed "action" by "Trump".
Comments
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Monday, 30 January 2017
Not so fast after all!
Unfortunately PM Malcolm Turnbull refused to join with other world leaders to condemn this outrageous, intolerant action by "Trump". So much for moral leadership.
It remains the case that it would require an act of Parliament to introduce the changes made by Trump's "order", and it is highly doubtful that would ever ever happen in Australia.
It is a sad reflection on the current state of affairs in America that instead of having its accustomed role as a beacon of freedom, democracy and human rights, Trump is taking the United States back to a place it hasn't seen since the era of segregation and the internment of Japanese-Americans. Hopefully the rest of the world will reject intolerance and xenophobia, and Australia will follow an independent path and stop taking its "cues" from an American government that is not only clueless but is without any moral standards in relation to the treatment of visa holders. -
Monday, 30 January 2017I very respect your knowledge and professionalism, Michael. Unfortunately, it must be said that most acts of terrorism are being committed by people who Mr Trump's measures target. I strongly support Australian government, Malcolm Turnbull and previously Tony Abbott and John Howard. Every government has the right to say who can come to the country. Look at the elites of the EU and their hopeless policies, they care for themselves only and think their people are stupid. The consequence will be a rise of nationalism and new populist governments. Brexit is a result of the EU policies. The U.K.just left the sinking ship and in the long term they will benefit from Brexit. Australian government is doing the right thing - protects its borders.
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Tuesday, 31 January 2017
^^ I completely agree with your comment.
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Wednesday, 01 February 2017
Having worked in the this business for over a decade I don't hold the same cheerful view as you do. I have seen it time and time again, identical applications lodged where one applicant is Muslim and the other is not and although not and the Muslim will always be rejected. Of course they will never tell and give you bombard you with many reasons why th application cannot be approved, but we all know that when the applicant is Muslims they better have a 100% airtight application as there is no discretion given. The only difference between Trump and DIBP is that the former will tell you up front that if you are Muslim do not apply. However things are changing. I dont know if it is the rise of Hanson or if her supporters are being more bold but I noticed, especially when dealing with the Brisbane Branch, they are not pulling punches anymore and the racism is starting to show.
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Wednesday, 01 February 2017
I disagree with the content of the article.
As I understand it Trump's Executive Order relates to nationals of countries that have been known to have recent terrorist training activities. It just happens that these countries are predominantly Muslim. The Order officially does not target religious beliefs.
Of course the Minister for Immigration has the powers under Migration Act to stop issuing visas to a group of people. He can do it through Regulations and Instruments. He can do it though quotas, like he has done to create a 50 year queue on family visas that he didn't like (remaining relatives, parents, dependent relatives). He can do it by imposing a requirement of character check and security clearances which will take months to complete. He can do it through 'prioritising' like he has done to all the Partner visas of sponsors who arrived here on a boat with the effect of the processing being stopped.
As to stopping or detaining people at the airport with valid visas or even Au citizens the government has lots of powers. Please do not forget Counter-Terrorism Amendment (Foreign Fighters) Act 2014 which not only criminalised 'being present' in a declared country but has given the government powers to detain people at the airport and cancel Au passports. All the government needs to do is to declare a country and vu'a la: everybody coming back from such a country can be detained, have passport cancelled and be criminally charged. Of course there is a possibility of a challenge but the similar result as in USA can be achieved in a moment.
After all, if the government has intelligence that there was recent terrorist training activity in the declared country then they can justify their actions in the media. Aussies will buy it and will not even go to the streets to protest (unlike US citizens). Like in the case of the 37 year old refugee on Nauru that is 37 weeks pregnant as we speak (or write) severely sick requiring urgent medical care and a C-section to save the baby's and her own life and the government doesn't even want to agree to transfer her to mainland AU for medical treatment despite doctors pleading. Who cares? We have strong border protection policy... Sleep tight. -
Wednesday, 01 February 2017
As much as I would like to believe that what you write is true, I cannot.
As far as I am aware, there is absolutely no impediment to the Commonwealth amending the Migration Act, or even passing a whole new act, that would exclude people on the basis of what country they come from (or virtually any other reason, including religion, or the colour of their eyes). There is no express or implied right that would prevent this. As long as the legislation did not offend the Constitution, the High Court would have to comply. (They may have to amend some other Legislation, such as the Racial Discrimination Act, which has been done before). As far as common law goes, statue trumps precedent, if you will pardon the pun.
The Australian Constitution is far weaker than the US constitution. In fact, the opposite to what you say may be true. In the US it is likely that Trumps' executive order may be found unconstitutional. We don't have a bill or rights so, as I understand it, the same would not happen here if legislation was passed to the same effect as Trump's order.
As far as international treaties go, they can be dispensed with at the stroke of a pen, or just ignored, as they often are. In the domestic context they are only useful to help the Commonwealth push the states around under the external powers provisions in the Constitution (as in the Franklin Dam case).
Sorry to be so negative, but I think it is important that people understand our system of government. It can happen here. And the way the world is heading, it probably will happen here in some way.
The price of freedom is eternal vigilance. -
Thursday, 02 February 2017
I strongly agree that government's function is to protect the country's borders and security. The ban in the US was not based on religion but on the risk assessment of those countries . ( as identified by Obama administration!). When Obama banned Iraqis for 6 months there was no outrage. The hypocrisy, double standards and boundless tolerance has lead to Brexit, Trump, and raise of nationalism in many countries.
I think Australian government is generally doing a good job and should put the interests of Australians first.
Immigration blog
And then there was this...... http://www.smh.com.au/federal-politics/political-news/australia-will-support-donald-trump-on-strong-border-protection-policies-julie-bishop-20170129-gu133i.html