Those fleeing the ravages of war and persecution are deserving of democracy’s protection. The Malaysia Solution was as illogical and spiteful as demonising the victims of accidents or natural disasters. Actually, perhaps it’s even worse. That victims of war and oppression are burdened by the scorn and intolerance of people in relatively free, wealthy countries is odious.

The High Court has defended and asserted human rights – the interpretOr hopes that we may all search our consciences for a more just and humane solution.

The United Nations Refugee Convention (1951) is publicly available at http://www.unhcr.org/pages/49da0e466.html

An extract from the UN Refugee Convention asserts the human rights of refugees as follows:

“The emphasis of this definition is on the protection of persons from political
or other forms of persecution. A refugee, according to the Convention,
is someone who is unable or unwilling to return to their country of origin
owing to a well-founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group, or political opinion.

The Convention is both a status and rights-based instrument and is underpinned
by a number of fundamental principles, most notably non-discrimination,
non-penalization and non-refoulement. Convention provisions, for
example, are to be applied without discrimination as to race, religion or country
of origin. Developments in international human rights law also reinforce
the principle that the Convention be applied without discrimination as to
sex, age, disability, sexuality, or other prohibited grounds of discrimination.
The Convention further stipulates that, subject to specific exceptions, refugees
should not be penalized for their illegal entry or stay. This recognizes
that the seeking of asylum can require refugees to breach immigration rules.”

          http://www.unhcr.org/pages/49da0e466.html

See also “We knew about the Pacific Solution…Taliban were killing people, we had no choice”

No human being is ‘illegal’. To demonise the defenceless demeans us all.