The Rights and Challenges of Asylum Seekers in Australia

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Added on  2022/09/16

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This essay examines the multifaceted issues surrounding asylum seekers in Australia, exploring the legal framework, policies, and challenges they encounter. It begins by defining asylum seekers and highlighting Australia's commitment to protecting those who meet the UN definition of a refugee, emphasizing the principle of non-refoulement. The essay then delves into the realities of detention centers, the impact on mental health, and the limitations in healthcare access due to cultural and resettlement issues. It discusses the government's approach to children and women's rights, and the need for improved mental healthcare and resettlement plans. The essay concludes by emphasizing the need for a balanced approach that ensures the rights of asylum seekers are upheld while addressing the complexities of immigration and humanitarian intake.
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Introduction
A refuge seeker refers to anyone who has fled their kingdom and sought for fortification
in another nation. According to the United Nations refugee conference, a refugee is someone
who is outside his native nation and is not willing to go back due to fear of being victimized as a
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result of their race, religion, national affiliation, an alliance to a certain group or their political
affiliation. The asylum seekers are granted the right to seek and enjoy asylum in other countries
in accordance with the legislation of the state and global conferences.
Australia gives protection to asylum seekers who arrive in Australia not considering how
they arrive or where they come.1 Australia makes sure that those who meet the United Nations
definition for Asylum seeker are not deported back to their countries where their life is
endangered.2The latter is placed under a principle known as non-refoulement. Many asylum
seekers in Australia are held in migration camps in Australia. Some of the refuge seekers are
currently being detained in New Guinea, Papua Islands, and Manus under third-country
dispensation arrangements3.
Following the migration act of 1958, the safe haven seekers who disembark in Australia
under any circumstance should be held in immigration until they are given a valid visa or
detached from the country. Confinement of immigrants in Australia is not definite as no law
states the length or period which the asylum seekers should be detained4. Some of the refugees
spend an extended period in the offing for their immigrant assertions to be assessed, waiting for
security, or even waiting for removal. Recently, the authorities in Australia said that a number of
1 Ibid., 4
2 Newman, Louise, Proctor Nicholas, and Dudley Michael . ""Seeking asylum in Australia:
immigration detention, human rights and mental health care." Australasian Psychiatry 45, no. 6
(2014): 132-143.
3 Nethery, Amy, and Rafferty-Brown Brynna. ""Exporting detention: Australia-funded immigration
detention in Indonesia."." Journal of Refugee Studies 23, no. 3 (2013): 145-165.
4 McAdam, Jane. Refugees: Why seeking asylum is legal and Australia's policies are not.
Melbourne: UNSW Press, 2015.
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the refugees who were legally responsible to relocate to third world nations having arrived in an
excised offshore place' after 2012 were to be released into the Australian society as a result of
overcrowding in the detention camps and constraints due to capacity. Most of the people who are
offered a permanent settlement in Australia settle successfully. However, asylum seekers face
several problems as far as healthcare is concerned.5 They have poor health and complex health
needs, are limited to access to healthcare due to cultural issues and resettlement issues.
To make sure that the rights of the refugees are well taken care of, there should be
services provided in the areas which have high and low settlement for the refugees. Response
also needs to be improved to meet the health needs of the asylum seekers6. The sizes and
characteristics of the local refugee populations should be subdivided to have effective
administration of health services.
Mental Health and Suicide of Asylum Seekers:
There has been shocking failures in the youth justice and protection systems for the youth
refugees. The Australian government set criminal responsibility as the age of 10 years. The
freedom of expression has been made tighter for the asylum seekers since the Australian
government increased penalties for any unauthorized disclosure of information for national
security purposes.7 The rights of the older people were considered in 2014 when the royal
commission into the care of the aged was formed to take care of the aged asylum seekers.
5 Robinson, Kim. ""Voices from the front line: Social work with refugees and asylum seekers in
Australia and the UK."." British Journal of Social Work 45, no. 6 (2014): 165-188.
6 Ibid..,133
7 Newman, Louise, Proctor Nicholas, and Dudley Michael . ""Seeking asylum in Australia:
immigration detention, human rights and mental health care." Australasian Psychiatry 45, no. 6
(2014): 132-143.
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Women's rights have also been considered in that the Australian government passed legislation
to provide safe zones around clinics that offer abortion services.
Recently the civil society and medical professional carried on a successful campaign to
address the plight of refugees and the need to evacuate them from detention camps.8The
government has also relocated some of the asylum seekers from the detention camps to a better
environment. Inside the detention camps, there is a lack of adequate healthcare services, and this
has led to deterioration in mental health. Children in detention are showing symptoms of
traumatic withdrawal syndrome and suicidality. Asylum seekers and refugees experience poor
mental health. The increased cases of mental disorder are associated with pre-migration
experiences and post-migration situations.
There is need to reaffirm the commitment of the Australian government’s commitment to
the convention. The government also should increase its pace of relocating refugees from Nauru
to Manus Island. There is need to fasten the refugee resettlement plans for the asylum seekers
and also increase the Australia’s humanitarian intake.9 The government needs to have a
legislature to ensure children rights are not violated. There should be also a reopening of
pathways for the settlement of asylum seekers. Australian government should also strive to work
together with the neighboring countries to settle the asylum seekers.10.
Conclusion
8 Ibid , 132
9 Ibid.., 4
10 Robinson, Kim. ""Voices from the front line: Social work with refugees and asylum seekers in
Australia and the UK."." British Journal of Social Work 45, no. 6 (2014): 165-188.
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The rights of refugees and asylum seekers are guarded by the government. Australia is
one of the countries with the highest number of refugees globally. The main reasons for the
increase in the number of refugees are war, famine and civil unrest. The current policy in
Australia is to detain the asylum seekers with or without valid visa until they return to their home
country. It is the duty of the government and the WHO to ensure that the rights of these people
are upheld and that they receive the required medical attention
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Bibliography
McAdam, Jane. Refugees: Why seeking asylum is legal and Australia's policies are not. Melbourne:
UNSW Press, 2015.
Nethery, Amy, and Rafferty-Brown Brynna. ""Exporting detention: Australia-funded immigration
detention in Indonesia."." Journal of Refugee Studies 23, no. 3 (2013): 145-165.
Newman, Louise. ""Seeking asylum—trauma, mental health, and human rights: An Australian
perspective."." Journal of Trauma & Dissociation 23, no. 6 (2016): 67-87.
Newman, Louise, Proctor Nicholas, and Dudley Michael . ""Seeking asylum in Australia: immigration
detention, human rights and mental health care." Australasian Psychiatry 45, no. 6 (2014): 132-
143.
Robinson, Kim. ""Voices from the front line: Social work with refugees and asylum seekers in Australia
and the UK."." British Journal of Social Work 45, no. 6 (2014): 165-188.
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