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| Down Under | ||
| Australian Judiciary Has Gone Mad | ||
| 2005-07-28 | ||
| THE Federal Government could not deport The ruling means more than 1000 asylum seekers facing deportation might be able to stay in Australia. So name one f**king Muslim country that is "safe", whatever that means.
Brisbane immigration lawyer Bruce Henry said the Federal Court ruling in the case of his Afghan client – identified only as QAAH – undermined the Government's policy of forcing asylum seekers to prove they would be harmed if they were returned to their homeland. The ruling moved the onus to the Government to prove asylum seekers would be safe if forced to return and potentially opened the door for thousands of similar cases, he said. "It means that anyone who's still on a temporary protection visa, so anyone whose application for a permanent visa has not ended favourably for them, has the right now to be saying to the department that; 'You've got to reassess my case, you've got to adopt the correct approach under the convention'," Mr Henry told ABC radio. "Which means that the department has to show why it's safe for them to return to Afghanistan, why it's safe for them to return to Iraq or Iran, rather than for the TPV holder to have to make out another case. "There's a few thousand in that position of not yet having been granted the permanent visa." Refugee lawyer David Manne doubted there would be a flood of other cases but said it gave hope to hundreds of people seeking permanent residency in Australia. QAAH's lawyers argued the Refugee Review Tribunal failed to consider whether the government of Afghanistan was willing or able to protect QAAH against threats of persecution, including from the Taliban because he was a Shi'ite Muslim. The judges agreed with QAAH's lawyers, ordering the appeal be upheld and Immigration Minister Amanda Vanstone pay the appellant's costs. "It should be ordered that the decision made by the tribunal be quashed and the appellants application for a permanent protection visa be remitted to the tribunal for further hearing and determination according to law," Judge Wilcox said in his judgment. Opposition Leader Kim Beazley said the court decision was further proof the Government had made a complete mess of immigration law. "Everything in it is a mess," he said.
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| Posted by:tipper |
| #12 The judiciary is asking the government to prove a negative: to say that a country is safe is really to say that there is no danger there. It can't be done. The courts are supposed to understand that. The onus of proof is on the person making a claim, such as an asylum seeker who claims his life is in danger because he's a musician and the Taliban would kill him. Since the Taliban are gone, that argument's gone too. The Australian judiciary has now destroyed any semblance of reason in the asylum process. The only proper response from the legislative branch should be to pass laws saying "Fine, NO asylum seekers accepted ever" and the executive branch should set up an immediate deportation program of all asylum seekers, past and present. Then someone needs to clean up the judiciary. |
| Posted by: Kalle (kafir forever) 2005-07-28 15:16 |
| #11 How about the safety of the Australians? |
| Posted by: gromgoru 2005-07-28 14:27 |
| #10 They could always come live with me! |
| Posted by: Mark Brandon Read 2005-07-28 13:57 |
| #9 Can't deport them,ok.How about internment camps.Australia has a mighty fine desert,just right for such facilties. |
| Posted by: raptor 2005-07-28 08:03 |
| #8 Perhaps the solution is to make it less safe for them to stay in Australia? |
| Posted by: Robert Crawford 2005-07-28 07:13 |
| #7 This sucks !! |
| Posted by: Aussie 2005-07-28 06:48 |
| #6 I'm slowly coming 'round to the view that we don't have a prayer of prevailing in this war against totalitarian Islam until we first free ourselves-- by force, if necessary-- from the corrosive influence of the Left. |
| Posted by: Dave D. 2005-07-28 05:47 |
| #5 The only thing we have to fear is |
| Posted by: Captain America 2005-07-28 05:35 |
| #4 Let the court enforce it's ruling then. Screw them, other than words what real power do they have? Only that power which the people give them. The people need to remind them apparently. Not just there but here as well. |
| Posted by: Sock Puppet 0’ Doom 2005-07-28 04:40 |
| #3 This *really* burns me. Not becuase it happened in Australia, were it to occur anywhere else I would be equally angry. It is fundamental to democracy that elected officials or their nominees make laws and public policy. The role of judges is to ensure those laws are fairly and uniformly applied. Remember in Australia we do not have a constitution for the judges to interpret. I smell the stink of 'international law' taking precedence over laws enacted by duly elected officials. Fuck, this makes me angry. |
| Posted by: phil_b 2005-07-28 04:34 |
| #2 Jebus, there is NO non western state that is considered safe to thise TRANZIs and Commies. Scerw them it's time we have a openly hostile program of shunning and deicrimination against the TRANZIs and their ilk. It's us or them and I vote for them. |
| Posted by: Sock Puppet 0’ Doom 2005-07-28 04:04 |
| #1 The Ozzies have the same problem as the rest of the West: their institutions, with the judicial being the most important, have been packed (read: selected, not elected) with socialist, tranzi, and fool appointments. Guess they're fucked, too. Join the club, it's the same everywhere, it seems. I guess when the Second Civil War kicks off in the US, mebbe our true allies and friends might want to join in the festivities - sorta like Ex Lax to cure the "Ism" Constipation plaguing us all. Or you guys can go first - and help seed our revolution. I'm not picky, I just want it done. |
| Posted by: .com 2005-07-28 03:23 |