What is the Malaysian Solution?
The “Malaysian solution” refers to a policy recently announced by the Gillard Government whereby up to 800 asylum seekers trying to enter Australia will be sent to the back of the queue in Malaysia. In exchange, Malaysia will send 4000 genuine refugees to Australia over a four year period.

Mee Goreng. The Punch's favourite Malaysian Solution

Is there a queue?
The notion of a queue has been criticised as an oversimplification. The number of displaced persons is vastly higher than the available resettlement places and the United Nations High Commissioner for Refugees that operates the scheme does not have a presence in some of the most dangerous locations. Nevertheless, it is hoped that being sent to the back of a queue that doesn’t exist will act as an added deterrent.

I’ve heard that the refugees we get from South East Asia aren’t genuine
In fact they are on of the few things you can get in South East Asia that is. Curiously, thousands of Australians travel to South East Asia especially to get fake DVDs, fake designer jeans and fake sunglasses but when it comes to refugees we are sticklers for authenticity.

What are the common problems faced by asylum seekers?
It should be noted that over the last two years, slightly more than half of all of Australia’s asylum seekers arrived by plane. Nevertheless, many asylum seekers make a long difficult journey to Australia, crammed together with no food or water with no guarantees they’ll end up where they paid to go. They’re just the ones who flew Jetstar.

Why can’t we send asylum seekers to Nauru?
Gillard has repeatedly and consistently stated that she will not send asylum seekers to Nauru as it is not a signatory to the UN Convention for Refugees.

So we should assume that Malaysia is a signatory?
You should assume that, yes.

Journalists allowed into Malaysian detention centres have witnessed asylum seekers being caned. Does the Australian Government support this?
Absolutely not. The Australian Government has always opposed the practice of allowing journalists into detention centres.

What happenned to the East Timor processing centre?
In recent months the Gillard Government has discussed processing asylum seekers in East Timor, Malaysia, Papua New Guinea and Christmas Island as well as many other places on the Australian mainland. In an effort to disrupt people smugglers, Labor treats refugee policy in the same way United States presidents treat nuclear launch codes - each morning Gillard is delivered a new refugee policy which for security purposes she commits to memory and then eats.

Why can’t we house asylum seekers in the community?
There is the perception that asylum seekers would abscond if not kept in detention. Overseas studies have shown the flight risk is very low, however there are exceptions. In 2010 a detainee escaped while on a supervised visit to Melbourne Aquarium. Visits to aquariums are presumably designed to show asylum seekers they aren’t the only thing we pull out of the water and put in captivity.

What else are we doing to deter boat arrivals?
The Government has trialled paying advertising companies to run campaigns in Asian ports and fishing villages to discourage refugees. Following on from Lara Bingle’s “Where the bloody hell are you?” campaign the Department of Immigration launched a new ad featuring Julia Gillard titled “Where the bloody hell do you think you’re going?”

What if the Malaysian Solution doesn’t stop the boats?
Labor is currently trialling a number of other contingency programs. For example, some low-risk asylum seekers have already been moved into surplus defence housing near Adelaide. While Tony Abbott says that this move will just encourage refugees, it is possible that Adelaide will act as a deterrent.

81 comments

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    • Just Sayin' says:

      02:33pm | 26/05/11

      “Journalists allowed into Malaysian detention centres have witnessed asylum seekers being caned. Does the Australian Government support this?
      Absolutely not. The Australian Government has always opposed the practice of allowing journalists into detention centres.”

      Gold.  Pure, unadulterated, GOLD.

      While, I’m sure some people will find the use of humour on such an issue somewhat offensive, I think its a great way to ensure more people actually read the article and understand the issues.  The Gillard refugee “policy” is an absolute disgrace, no matter what side you are on.

    • Erick says:

      03:18pm | 26/05/11

      There ought to be more ridicule of government policies that encourage unwanted immigration under the false guise of “asylum seeking”.

    • AliceC says:

      04:07pm | 26/05/11

      How is seeking asylum a ‘false guise’?

    • jf says:

      05:22pm | 26/05/11

      AliceC says:04:07pm | 26/05/11

      “How is seeking asylum a ‘false guise’?”

      When you don’t really need asylum and in fact are really seeking to move countries for economic or other reasons.

    • Thomas Anderson says:

      12:14am | 27/05/11

      “it is possible that Adelaide will act as a deterrent.”

      SNAP!

    • Empire says:

      01:58pm | 27/05/11

      My sister in law told me that the immigrants she has rented her house to, receive some figure over $20 000 in the form of a grant for furniture, clothes etc… And $20 000 per family member including children.
      Has anyone else heard this?
      That would mean that a family of five are starting off with over $120 000 and no debt repayment, if it is true anyway.

    • Justin says:

      02:35pm | 26/05/11

      “Absolutely not. The Australian Government has always opposed the practice of allowing journalists into detention centres.”

      Funny cause it’s true!

    • The Badger says:

      02:42pm | 26/05/11

      Kway Teow is much more better.
      PS - Mee goreng is an Indonesian dish.

    • michael j says:

      08:39pm | 26/05/11

      Doesn’t matter what ya want to call it there’s a few hungry pensioners in QLD that wouldn’t mind a plate-full,,,,
      On 6.30, tonite George said 1/3 of Queenslanders are living in poverty
      something that was not really a fu—en state secret anyway,,
      I don’t see any real solution to this refugee problem but what is being tried is not working,so why are we spending over 1 billion dollars a year on this.
      the money that is being spent on them could possibly be better spent in their own country,then they wouldn’t have to spend all their hard earned coming here,,
        http://www.youtube.com/watch?v=LPjzfGChGlE

    • Progressive policy debate says:

      01:18pm | 27/05/11

      Perhaps the coalition will grow some and come out with a policy abandoning the UN refugee agreement and state it’s desire to stop any intake of refugees.
      The hayseeds in QLD brought this on themselves. Too much time plucking banjos and picking their tooth.

    • Tony of Poorakistan says:

      02:50pm | 26/05/11

      What is your ‘‘amusing’’ line about the fact that for every one of them that rocks up by boat, they subsequently bring in a whole tribe through the family reunion scheme and that 90% of them are still on welfare (ie using our tax dollars, or the dollars of those of us who pay tax)  5 years after getting here?

    • nathan says:

      06:53am | 27/05/11

      Never mind the fact that report which looked into welfare dependence bundled people together into households, and the 86% figures included families where one child might be collecting AUStudy or some similar payment ... Its slightly disingenuous to use that figure and claim that welfare dependence is rife among refugees. Many Australian-born and raised children access these sorts of payments while they are studying, and if asylum seekers are permanent residents why shouldn’t they receive the same?

    • Anthony Sharwood

      Anthony Sharwood says:

      02:53pm | 26/05/11

      Just checked with Jane Lee, one-time Puncher, news.com.au business reporter and a Malay Chinese. She says it’s both Indo or Malay. Don’t say we don’t look after you guys eh Badge?

    • Just Sayin' says:

      03:06pm | 26/05/11

      It’s an ethnic chinese dish from Indonesia, Malaysia and Singapore (although the spelling ‘mee’ is particular to Malaysia and Singapore, with Indonesians preferring ‘mi’ or ‘mie’).

    • The Badger says:

      03:16pm | 26/05/11

      No sense arguing over the finer points,
      In the Peninsula Indians, Indonesians, Malaysians and Chinese abound.
      Charmaine Solomon the Julia Child of Asian cooking puts both Mie and Nasi Goreng firmly in Indonesia in her book The Complete Asian Cookbook which to myself and many others is the definitive guide to cooking Asian Cuisine.

    • Gladys says:

      03:16pm | 26/05/11

      Thought so.

    • No 1 Rosie says:

      03:38pm | 26/05/11

      This subject should be dominating the news, not about Malcolm Turnbull being disciplined through an email.

      Australia is a developed country and cannot for the life of me understand why we are sending human beings seeking asylum to a third world country. It is a disgrace! If we cannot stop asylum seekers from arriving on our shores, we as decent humanitarians should do the right thing, take them in and care for them. If we cannot find humanitarian ways of stopping the asylum seekers from arriving on our shores, it is tough luck, it becomes our moral obligation to take care of them.

      This is typical of this Gillard Labor Govt, policy on the run and no guarantees because we are not in control but a third world country. How can we be sure that refugees coming from South East Asia are not terrorists, paedophiles, murders etc. I would be much happier and feel safer if anyone that is allowed to settle in this country is screened here under our authorities. Asylum seekers whether arriving by rickety boats, cruise liners or first class tickets by plane are human beings and should be treating humanely by our authorities before being released into society. We then can guarantee they will not be canned or tortured.

      This govt is a disgrace on this issue and because they can’t govern competently they have embarrassed us to the world.

      I don’t mind the 4000 coming here as long as we are guaranteed that these are genuine refugees. OK bring them in but screen them again before they are allowed into the community. It has to be done here and not anywhere else. This is why Nauru is good, they are willing to have them and it doesn’t bother the locals, whether their living conditions are better than theirs.

      This Govt never learn. One of the reasons why East Timor didn’t want the deal was because their Govt didn’t want the Australian asylum seekers living under better conditions then their people. In Malaysia we will have the situation where Australian asylum seekers are living in 5 star motels while the Malaysian asylum seekers live in squalid hovels.

      All should be transparent and journalist or anyone should be allowed into centres where they live. With monitoring, once processed they should be allowed into the community. Send the ones that need more time to be processed to Nauru. Nauru wants them and Australia needs a place to keep and care for them, so why not. We will take care of them in Nauru but have no say in Malaysia.

    • TheRealDave says:

      03:58pm | 26/05/11

      I agree Rosie, how can we send these ‘Asylum Seekers’ to a third world nation like Nauru??

      Plus, isn’t it supposed to be underwater by now??

      Why can’t we send them to a more modern vibrant and richer country like Malaysia?

    • Mouse says:

      10:22pm | 26/05/11

      No TRD, I believe Brisbane will be underwater before anywhere else. So we don’t have to worry about Nauru until Brisbane airport becomes a sumarine base. Maybe we can think about Malaysia then…... just saying…

    • Joan says:

      10:36pm | 26/05/11

      “How can we be sure that refugees coming from South East Asia are not terrorists, paedophiles, murders etc. I would be much happier and feel safer if anyone that is allowed to settle in this country is screened here under our authorities.”

      Good point, Rosie, and that screening should be extended to cover everyone in Australia. I’d be much happier and feel safer then.

    • TheRealDave says:

      11:17pm | 26/05/11

      Brisvegas underwater? Sweet, that will put me closer to the water - surely my property prices will go up then?!?!?

    • Justin says:

      04:44pm | 26/05/11

      Want a refreshing & bluntly honest assessment of the situation? Check out the comments from Dr Tanveer Ahmed on last night’s The Drum (from about 9 mins 30):

      http://www.abc.net.au/iview/#/view/766587

      He’s a psychologist who deals with refugees, & you may have guessed from his name, he isn’t white, but he takes a totally unexpected line that nearly had Jane Caro falling off her seat.

    • Ben81 says:

      04:49pm | 26/05/11

      It’s kind of sad that a factual account of Gillard’s handling of her East Timor thing is funnier than anything you could make up.

    • luke says:

      04:50pm | 26/05/11

      The Gillard government are implementing a harsher and far more inhumane solution than the previous government led by Howard. The Malaysia deal for asylum seekers is a one way ticket to hardship. Trading one life for another is an appalling policy and the Gillard government has no problem doing it.

    • Ben81 says:

      05:11pm | 26/05/11

      It’s a sad reality that we have to be heavy handed over this but I wouldn’t call Howard’s emptying and closing down of our detention centres and stamping out people smuggling in our region while taking in just as many refugees responsibly inhumane.  Rudd coming along and reversing all of that was pretty inhumane.

      As for Malaysia, we’ll see, it could work for a while but I won’t be surprised if we end up taking in the 4000 from there and don’t actually end up sending anyone back to them.  Nothing particularly wrong with taking those people in though.

    • Big Ted says:

      06:21pm | 26/05/11

      @Ben81: I think you give Howard a little too much credit:

      1: The Pacific Solution was a rushed 11th hour suggestion by a Downer staffer in the midst of a media crisis over the Tampa..

      2 :In over 90% of cases it merely served as an expensive taxpayer funded stop-over as these ‘boat people’ became ‘Commonwealth charter-plane people’ and settled here anyway

      3.: The Liberal policy is to stop the BOATS. It makes no commitment to stopping the boat PEOPLE - who kept on coming during the Howard era. The statistics were hidden in an different column.

      Not saying we should open our doors to all - but Abbott is demonising refugees to get into the Lodge. I have a big problem with that. To be fair Julia aint that far behind him.

    • Ben81 says:

      06:57pm | 26/05/11

      Sure it was expensive, and yes most of the relative few people who were intercepted on boats at the time ended up here anyway.  Good on them, they were probably genuine refugees.  There’s millions of them.

      It wasn’t nearly as expensive, inhumane and irresponsible though as turning over part of our asylum seeker intake to people smugglers and opening up our detention centres for thousands of people for years until we sort things out again.

      It was simply about making people smugglers businesses unviable for the safety of asylum seekers, our security, and for a more effective and responsible use of our resources and that’s exactly what was achieved, I sure don’t remember the aim of it being to take in less refugees.

    • TimB says:

      07:07pm | 26/05/11

      So what, these hidden boat people came in on non-existent boats?

      Did they get here via lifesaver ring?

    • Big Ted says:

      10:41pm | 26/05/11

      Sorry Im lost- exactly how did Howard make it ‘unviable’ for people smugglers by processing refugees on one island instead of another?

      But now your lack of objectivity is a little clearer. Labor lets in queue jumping Boat People, but Liberals let in refugess that are “probably genuine”? Got it.

    • Ben81 says:

      12:02am | 27/05/11

      “Sorry Im lost- exactly how did Howard make it ‘unviable’ for people smugglers by processing refugees on one island instead of another?”

      Because that offshore processing along with TPV’s made it impossible for them to guarantee they could get people into Australia in the first place and end up with permanent residency if they got here.  Their whole business model was shot. We sent out a strong message that they wouldn’t get away with it anymore, and their activities stopped until those measures were reversed and we sent out the message that they could go back into business.

    • BMJ says:

      06:25pm | 26/05/11

      The funniest thing is that Australian politicians and Australians in general go around the world preaching and talking down to others. When it comes to taking in a few thousand refugees it all falls apart.

    • jg says:

      06:29pm | 26/05/11

      Malaysian solution?

      I hear that Gillard is still in negotiation with pacific nations. Obviously East Timor is one of these.

      This government is a complete and utter joke.

    • bikinis on top says:

      06:38pm | 26/05/11

      Let all 33 Million refugees in the world come and settle in Australia immediately without any bullshit whatsoever..
      Use detention centres as jails for criminals only
      The two sides of Australian politics would then be New Australia comprising the 33 million world refugees and Old Australia consisting of the current 22 million Australians and their 4 Major ultraconservative parties namely Labor, the Greens, the Liberals and the Nationals

    • bikinis on top says:

      06:41pm | 26/05/11

      Close all detention centres now !! Let all legal and illegal immigrants into Australia immediately without any bulldust

    • NicoleG says:

      09:29pm | 26/05/11

      Normally I’d wish your keyboard broken. But now I wish it was your fingers!

    • Mouse says:

      10:13pm | 26/05/11

      Cool Nic, I’ll help you, let’s go!

    • Be cool says:

      04:23pm | 31/05/11

      Trust the right wing nutters to start ‘wishing injury’ on the net. Nicole you are a sicko, cheap shot. I’ll see ya in the real world for it

    • bikinis on top says:

      06:42pm | 26/05/11

      when will right wing Labor stop copying Liberals policies?

    • Marilyn Shepherd says:

      06:46pm | 26/05/11

      What is forgotten here is that the refugee convention is a legally binding humanitarian treaty that we helped to write and were one of the first to rarify.

      It is part of domestic law, it has been for 19 years but we ignore it.

      A report just released by DIAC shows that while they were claiming almost no Afghans were being assessed as refugees last year that was only half true.

      The acceptance rate was actually 90.5% and this year 86% of cases rejected by the scabs in DIAC were wrongly rejected.

      Artcle 3 of the convention forbids discrimination.
      Article 14 guarantees everyone the right to seek asylum from persecution.
      Article 31 forbids punishment for lack of documents or method of arrival.
      Article 32 absolutely forbids expulsion for any reason whatsoever except on national security reasons.
      Article 33 forbids sending any refugee to any territory their lives cannot be guaranteed.

      NAGV and NAGW in our own high court in 2005 found that it breached the law to try and send any refugee applicant to a third country.

      Now for the facts about Malaysian refugees.

      There are 94,000 registered refugees who have no legal rights or protections, they can be and are caned, jailed, sold by the Malaysian government, traded as slaves and children sold into begging.  There are another 1 million “illegal” workers who face the same treatment, there are then another 150,000 or so unregistered refugees.

      90% of them have fled the lunatic junta in Burma, some 1000 Iranians, 4,000 Sri Lankans and 540 Afghans are included and are jailed because Australia is paying the Malaysians to do so.

      WE have been paying Indonesia to jail refugees for us for a decade, they beat and torture them in rat infested shit holes and we have spent hundreds of millions doing this for the past 12 years knowing very well that it is highly illegal.

      The re-settlement program we claim is our contribution to refugees is voluntary, we screen out anyone we don’t like and leave them to rot while pretending to care.

      In 18 embassies in our region and 35 world wide last year 47,122 refugees from 99 countries made applications to come here.  Only 1059 were allowed to make applications in Malaysia and we accepted only 340.

      The lies and crocodile tears are an absolute disgrace and they have been fed and nurtured and exploited by the Murdoch media.

      And for what?  the claim that asylum seekers are committing some offence.

      http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2004/1267.html?query=hamdan
      “30 It is important to emphasise that the client did not escape from custody. It would have been an offence for him to have done so: see 197A of the Act. He was released from detention pursuant to a court order. Neither was he committing or proposing to commit an offence simply because he was taking steps to avoid being detained. As Gummow J indicated in Al-Kateb at [86] ff, the current Migration Act, unlike its precursors, does not make it an offence for an unlawful non-citizen to enter or to be within Australia in contravention of, or in evasion of, the Act.
      31 Further, as Hayne J observed in Al-Kateb at [207]-[208] the description of a person’s immigration status as “unlawful” serves as no more than a reference to a non-citizen not having a “valid permission to enter and remain in Australia”. The use of the term “unlawful” does not as such refer to a breach of a law.”

    • Kurisu Sonsaku says:

      08:09pm | 26/05/11

      Face it princess they didn’t or have no intention of entering in a legal fashion.

      This is just your usual bluster, waffle & bullshit from a self flagellating apologist. come reverse racist.

    • Damian Parkhill says:

      09:29pm | 26/05/11

      And yet for all those flaws Kurisu….......

      She didn’t need to resort to personal attacks, which is more than can be said for you!

    • Shane From Melbourne says:

      10:10pm | 26/05/11

      Treaties can be withdrawn from…..

    • Marilyn Shepherd says:

      01:53am | 27/05/11

      Actually that bluster is the law set by parliament and deemed to be valid by our own high court.

      How can you have so little respect for our own law and so little respect for human beings that the only thing you can do is abuse me for publishing the truth?

      The Murdoch media have been publishing hate filled rants and demands of push backs for 4 years now for reasons that escape me because they know they are breaking the law and don’t seem to care.

      And Kurisu, of course they have every intention of entering legally, it is perfectly legal under Australia’s migration act to enter anyway they can so long as they present to the authorities, which of course they do before we chuck them in the slammer.

      What is actually happening here is evil, pure evil.

      1.  It was illegal to halt applications for Afghans and Sri Lankans, it caused enormous stress, cost lives, drove people to attempt suicides on a daily basis, cost vast amounts of cash and for what?  In the end all of the Afghans will stay because we are still “at war” with the Taliban.
      2.  Locking children up was illegal, but we do it anyway.
      3.  Locking up accepted refugees is illegal but we do it anyway.
      4.  We broke our own law by locking up refugees on Christmas Island to keep them away from the law, but instead of letting them out when the High court said they should, we locked them up twice as long.
      5.  There is no requirement for ASIO to check on refugee claims, in fact they don’t check them for those who fly here, but we jail people for up to 18 months by pretending they are having ASIO checks.
      6.  So what happens after all this law breaking by the government?

      They decide to cover up their law breaking and illegally push refugees off to a country they will not be accepted and where refugees are not even recognised.

      So essentially they are claiming one small group of innocent people will be trebly punished because we kept breaking the law over another group of innocent human beings.

      And no-one tells that moron Bowen ‘YOU DO NOT OWN THOSE PEOPLE”

    • Peter says:

      11:28pm | 27/05/11

      Any ‘convention’ that allows people to pass through numerous safe countries before deciding to claim refugee status in the country of their choice, which coincidentally allows them to live the rest of their lives on welfare needs to be withdrawn from immediately. I suggest a simple change of the convention stating that no refugee will ever be settled in the country in which they lodge their claim would see an immediate end to people smuggling.

    • TimB says:

      07:09pm | 26/05/11

      “Following on from Lara Bingle’s “Where the bloody hell are you?” campaign the Department of Immigration launched a new ad featuring Julia Gillard titled “Where the bloody hell do you think you’re going?””

      Possibly would have been more effective had she appeared in a bikini ala Bingle.

      The boats would stop tomorrow.

    • Be cool says:

      04:26pm | 31/05/11

      Tim this is pretty sick and has nothing to do with policy. I can’t believe that the punch published this sexist comment.

    • Dr B S Goh says:

      08:33pm | 26/05/11

      Thank you for such a humorous article. Otherwise, we can go insane with the present ALP plus Greens Govt policy on boatpeople.

    • biff says:

      09:26pm | 26/05/11

      Marilyn Shepherd is right about the refugee convention. However, predating that convention is the 1901 Australian Constitution which enables OUR ELECTED government to deal with aliens.

    • Just Sayin' says:

      11:25pm | 26/05/11

      I’m pretty that refugee convention was signed by the aforementioned elected government. Which begs the question, what’s your point?

    • Marilyn Shepherd says:

      01:56am | 27/05/11

      That lie has been tested over and over again.  Everyone in our territory has the legal right to access to our courts.

      And the High court have found that the installation of the refugee convention into the migration act is valid law.

      So do not come the aliens bullshit with me,

    • Douglas says:

      10:41pm | 26/05/11

      As a Liberal voter I have to admit it’s a very good agreement. The refugees will arrive here safely, and the best the smugglers will be able to offer is a trip to the end of the queue in Malaysia. Credit where it’s due.

    • Just Sayin' says:

      11:29pm | 26/05/11

      You’re either a troll or a moron. No conservative Liberal would think swapping a small number of refugees for a big number of refugees is a good idea, and no liberal Liberal voter would like the Malaysian solution. I’ll give you the benefit of the doubt and suggest you return to your bridge.

    • Marilyn Shepherd says:

      02:00am | 27/05/11

      You nitwit, there are no people smugglers.  It is not people smuggling to give refugees a ride, it is the free choice of the refugees to pay for transport.

      For christ’s sake are you a savage?  And how do you think that will make it any safer when the refugees will have to get to Australia before we kidnap and transport them.

      The twisted minds in this country truly astound me.

      All over the world refugees are fleeing their homes with as little as they can carry to get to safety yet we are the only ones who jail the refugees and the ferry men, except the ferry men get charges, lawyers, trials and sentences imposed by courts for not people smuggling.

      The refugees get minimum legal rights.
      We have no right to stop any person leaving any place to seek protection, if every country did that we would be pre-convention days where we could deny entry to jews to protect the white Australia policy.

      It is a fact conceded by the DIAC dimwits that the “smugglers” don’t sell anything more than transport.

    • Douglas says:

      09:20am | 27/05/11

      @Justsayin

      4,000 people over 4 years is a miniscule number. As we Liberal voters have been saying all along, the issues are safety, and gving the smugglers nothing to sell. It is a very good agreement on both counts.

    • Racist, bigot, redneck, Xenophobe, anti muslim, an says:

      12:45pm | 27/05/11

      marilyn could you answer me a few questions please, i would like the literal/legal definitions not your version of the definitions please.

      Define smugglin for me:

      Define seeking asylum for me:

      Q. Is it illegal to leave indonesia without a passport or paying any departure taxes or filling out the appropriate declarations for customs etc?

      Q. Is it illegal to enter Australia without a passport or visa ?

      Q. Is it legal to enter Australia without filling out our customs forms and declarations.

      Do our elected representatives need to view several pieces of legislation at the same time? ie immigration act, refugee agreement, quarantine laws, human rights laws, Australian constitution.

      Must be easy only having to rely on four or five articles of one agreement to run the country.

      Can you board a flight from any country in the world to another country without a passport?

    • Interested Observer says:

      01:29pm | 27/05/11

      Perhaps I can be of some assistance to you

      Define smugglin for me:
      Smugglin – an encompassing doona like device that bogans lie around in watching plasma burn.

      Define seeking asylum for me:
      Easy – The domicile you reside in.

      Q. Is it illegal to leave Indonesia without a passport or paying any departure taxes or filling out the appropriate declarations for customs etc?
      Yes

      Q. Is it illegal to enter Australia without a passport or visa ?
      Yes, unless you arrive and claim to be seeking Asylum.

      Q. Is it legal to enter Australia without filling out our customs forms and declarations.
      Yes

      Do our elected representatives need to view several pieces of legislation at the same time? ie immigration act, refugee agreement, quarantine laws, human rights laws, Australian constitution.
      It is difficult to view several pieces of paper at the same time, because our eyes tend to focus on one object at a time.

      Can you board a flight from any country in the world to another country without a passport?
      Not that I am aware of.

      Hope that helps.

    • Racist, redneck, xenophobe, and the rest of the is says:

      04:44pm | 27/05/11

      yes very helpful, thank you observer smileapart from my own typo contribution which was not helpful.
      So an asylum seeker may enter Australia without a visa but it doesn’t say thay can enter without a passport, and infact they may be detained if they have no passport.

      As they may have left indonesia illegally with a captain who is also breaking several laws they are infact illegal visitorsor at the very least complicit in the crimes of the said captain, some may then ask for asylum and they wont need a visa but will have needed to comply with the laws of the countries they passed through to get to Australia, hence illegal.

      Asylum is ( when used for seekers) safe haven or protection from racial, political and other forms of discrimination.

      I can’t find the paragraph about travelling through (illegally) as many countries as you like till you find the one you prefer to seek asylum in, anyone got that link smile

    • Interested Observer says:

      05:28pm | 27/05/11

      So an asylum seeker may enter Australia without a visa but it doesn’t say thay can enter without a passport, and in fact they may be detained if they have no passport.
          Yes, Asylum seekers are always detained until their claims for refugee status are investigated. If they are found to be genuine asylum seekers they become refugees and are allowed entry. If they are found not to be refugees, they are deemed to be illegal immigrants and are returned to their country of origin.

      As they may have left indonesia illegally with a captain who is also breaking several laws they are infact illegal visitors or at the very least complicit in the crimes of the said captain, some may then ask for asylum and they won’t need a visa but will have needed to comply with the laws of the countries they passed through to get to Australia, hence illegal.
          No, Turning up in Australia to seek Asylum is not illegal. If the captain has entered Australia and is not seeking Asylum, he has entered Australia illegally and appropriate action will be taken under Australian law. Australia is interested in verifying the claims of Asylum seekers and does not prosecute asylum seekers for what they may have done to get to Australia to lodge their claim.
      Asylum is ( when used for seekers) safe haven or protection from racial, political and other forms of discrimination.
      I can’t find the paragraph about travelling through (illegally) as many countries as you like till you find the one you prefer to seek asylum in, anyone got that link.
          As I stated earlier Australia does not enforce another countries laws. You seem to be assuming that asylum seekers cross borders illegally, without passports and visas. This may not be the case. Their documentation to arrive at a departure point to Australia may have been entirely legal.
          There are a variety of reasons why they may have arrived in Australia without documentation. They may prior to their last departure point had their documentation stolen, they may have destroyed it, or may have forfeited it to the “captain” as a condition of boarding.

    • Ranting racist rah rah rah! says:

      07:00pm | 27/05/11

      So Observer, as my original line of questions was to marilyn on the point that Australias detention of asylum seekers is illegal, it is not

      That asylum seeking is legal which it is, you didn’t elaborate or point out where a person can go through many countries without seeking asylum until they reach a preferred destination. Along the way if the laws of other countries have been broken ( yes we don’t enforce other countries’ laws) but we can deem them unsuitable for asylum as the definitions get a bit questionable there…i feel.

      If the captain has their papers, they are not lost and should be provided upon demand by Australian authorities, customs, navy etc.

      Smuggling is defined as to transport something in a clandestine fashion or to circumvent the laws of the place you left and the place you wish to enter or take the smuggled item to, the item,person or animal you are smuggling having given you their permission or even paying the fare doesn’t make it NOT smuggling as Marilyn asserted earlier.

      So in summary,

      You may seek asylum in Aus’ you don’t need a visa but you will be detained…legally!

      You cannot leave another country without their permission and correct paperwork. If you have it’s illegal regardless of where, and the rest of your voyage is done from an illegal starting point.

      The intent still seems to be about getting around our laws, which is illegal.

    • Interested Observer says:

      10:31pm | 27/05/11

      Dear ranting racist
      It appears your are concerned about Asylum seekers, but your mostly concerned about the definitions regarding what is legal, what is illegal and what are conventions and treaties that Australia is signatory to.
      There are approximately 12 million refugees in the world. Australia takes in 13,500 of these each year.
      Start here, as this is probably the most important part of the puzzle.
      http://untreaty.un.org/cod/avl/ha/prsr/prsr.html
      Consider whether you think Australia should take in refugees and if you think we shouldn’t, contact you elected member and advise them that you believe Australia should withdraw as a signatory to The 1951 Convention relating to the Status of Refugees.
      We deal with refugees in accordance with this treaty.
      Have a nice life, you are fortunate to live in this country.

    • yadda yadda yadda says:

      08:56am | 28/05/11

      Actually Observer < i question that name as you failed to observe my point was addressing Marilyn’s assertion that detaining asylum seekers is evil and illegal. It is not!

      The assertion that “they are not being smuggled” which by definition, they are being smuggled.

      I am using the Australian human rights commision as my reference point, as i am subject to Australian law.

      I have no concern over the number of asylum seekers we take in or detain, i am concerned with certain members of Australian society want to LIE and try and shame Australians into being submissive to the vocal minority.

      Apart from assisting me, what is your point?

    • Interested Observer says:

      11:05am | 28/05/11

      I do Apologise yadda, yadda

      I just saw your questions and that there was no reply.
      Marilyn is well known on this site as a fringe dweller of the extreme left.

      I hadn’t even read the previous comments, just saw your questions.
      I do apologise for interfering in your conversation with Marilyn.
      PS you wouldn’t have gotten a rational answer to your questions.

    • wolfie says:

      11:13pm | 26/05/11

      What kind of an awfully cruel country is this? First we go around helping in the destruction of countries making them uninhabitable, then we decide to ship people from these countries around like herds of cattle and effectively imprison them for being frightened out of their wits and fleeing. We need to have a good, close look at ourselves in the mirror

    • Eagle Eyes says:

      11:45pm | 26/05/11

      Don’t be such a pussy, try weaning yourself off mungbeans, channel your inner warrior, swap your sacred animal for a scorpion or something…

    • John the Zombie says:

      12:23am | 27/05/11

      Wolfie so living under the Taliban is good, what did you recon wolfie? How about under Suddam Husain, sounds even better, I guess not?

      It seems when information that will support the journo and left wing view is required then these organisations apply for the freedom of Information details but when it doesn’t they rather work of rhetoric. I ask any journo or left wing to go and ask for the number of boats that arrived before and after Howard put into full swing the Pacific solution. Remember this solution came forward after another asylum seeker boat was lost at sea and the death of those on board. You will find that over time till the during the last part of Howard govt the number actually went down to one yes one boat for the whole year and why because the smugglers could not sell the product.

      You do realise that there are refugees living in awful conditions that can’t afford a ticket to Australia or to pay the smugglers one cent. Also let me ask you wolfie, why are ppl who will suffer even more still sticking it out in Afghanistan. You do realise that there is a Sikh population there who is threatened with death still living there. Their children can’t even go to school as students try to force them to convert to Islam. Why are these ppl able to continue to live there and the ones who are coming here who are Muslims say they fear for their lives.

    • jf says:

      11:36am | 27/05/11

      So Wolfie, which countries did we make uninhabitable?

      Don’t say Iran as, for all it’s problems, it wasn’t such a great place to be (unless you were part of the ruling elite) beforehand.

      Don’t say Afghanistan as, unless you were Taliban (or at least male and fundamentalist), it was worse.

      War is a horrible thing. Sadly sometimes it is unavoidable.

      As to why we are shipping them around, I’m with you wolfie. There has to be (and has been) a better way than this. I guess, if nothing else, it will act as a deterrent. Previous ways have been harsh but this way seems unecessarily cruel and punative.

    • Foryourinfo says:

      04:03am | 27/05/11

      http://www.theaustralian.com.au/news/breaking-news/pacific-solution-preferable-rights-expert/story-fn3dxity-1226063711982

      Dr Ogdowski said Australia could not ensure their safety given Malaysia was not a signatory to either the UN’s convention on refugee rights or on torture.

      A return to the Pacific Solution was to be preferred, he said.

      “At least, when we had our detention centre in Nauru, you were able to control the conditions.

      “If you send them to Malaysia ... I think it will be much worse.”

      Asked if it was surprising to be backing the Pacific Solution after previously being one of its chief critics…

    • Marilyn Shepherd says:

      01:00pm | 27/05/11

      He was not backing the Pacific solution, he merely said it would be better than Malaysia.

      Grow up you frigging lazy dingbats.

      Under Article 32 of the refugee convention it is illegal no matter what crap we try.

    • racist...blah blah whatever says:

      04:48pm | 27/05/11

      come answer my questions marilyn…the ones up there ^^^

    • Lisa says:

      05:55am | 27/05/11

      Hi Punchers,

      Can someone answer a question for me?

      Presumably a plane ticket is cheaper than paying the people smugglers for a dangerous boat trip.  Why don’t ALL asylum seekers come via air then?

    • Dr B S Goh says:

      08:07am | 27/05/11

      @ Lisa. To get a plane into Australia you need to get a Visitor’s Visa to Australia issued by Australia. It is not easy to do so to get into Australia from some countries. An Airline would not let you board a plane otherwise it is liable to take you back for free when immigration stops you at the gate.

      What is happening is that our Asian neighbours have let us down by letting these boat people enter their countries legally and get onto a boat and throw away their documents. But do not forget many of the these boatpeople are Muslims and with the bleeding hearts in Australia we are made the stupid and laughing stock in Asia.

      I would have thought the people vetting the boatpeople should ask these people how they get into our neighbouring countries if they do not have any document. If they lie on this issue they should be automatically disqualified on grounds of fraud.

      One Asian leader used to call us the White Trash of Australia. I wonder what they think of us in the boatpeople game. I like to ask the bleeding hearts of Australia if they think we are the No 1 racists in this boatpeople game or WHO IS??

    • Gregg says:

      08:27am | 27/05/11

      The Visa Lisa,
      They are not so easy to get for people have to answer a lot of questions and be considered as having reason to make a return trip.

    • Anne_N says:

      08:37am | 27/05/11

      Emotional blackmail?

      The mental image of poor bedraggled desperate flotsam fleeing the evil regimes of the world is meant to illicite certain emotional responses (just ask Marilyn) where planeloads of disembarking passengers doesn’t have the same effect.

    • Huey says:

      07:58am | 27/05/11

      Good article Scott!

    • Sarah says:

      08:48am | 27/05/11

      Scott - absolutely GOLD article - loved it.

    • Gregg says:

      09:17am | 27/05/11

      Seems as though we’ve got away from humour house but a few funnies do seem to occur within our own esteemed houses in Canberra.

      First, acording to a former minister, name of Chris also and a Senator, there was never ever a queue, despite the 15M or so refugees globally.

      Along comes the new younger, blustering Chris and even seems he has been hoodwinked by the Malaysians for consider the New Product.

      There’re 4000 people in Malaysia rubbing their hands with anticipation and then there are going to be a few more Malaysians possibly rubbing their hands with expectations of how many Ringit they can extract from people to get on to the list of 4000.
      At the same time, there could even be a few people smugglers shaking hands with said Malaysians for commissions to fill boats with ” asylum seekers ” who will be paid enough to make the trip or themselves still being sucked in by a cheap fare.

      One way or another, given the lack of ability for the system as it is to be managed at this end and the lack of accountability and opportunities for earning some money Bowen would probably not recognise a Mango if it fell off a tree and hit him on the head.

    • dw says:

      12:46pm | 27/05/11

      That was hilarious!

    • jo says:

      02:54pm | 27/05/11

      this asylum malaysian and australian policy is somthing i disagree with strongly,  Having spent some time in malaysia, and seen for myself the way its government treats its poor, and sick,  I don’t have much confidence in malaysia, when it comes to looking after asylum seekers.  Trading 800 for 4000, speaks volumes about,  julia gillard incompetence.

      australia is a big country, Malaysia is small crowded and cramped.  I cant see the point in trading 800 for 4000, when the whole issue is about to many boats coming into australia, does not this actually make this asylum situation worse?????

      Also I don’t agree with locking up asylum seekers for many years, it is wrong they are not criminals and are human beings like us, who have not been as fortunate as us been born in australia, Anyway the world has to try to fix the countries they come from, that is the main solution. mabe then many would gladly go home,  instead of having to adjust to our culture and having to leave friends and family behind which is difficult,

    • Missy says:

      03:00pm | 27/05/11

      What’s wrong with putting refugees in Malaysia?

      If any of you have actually lived in Malaysia, how the refugees live there isn’t so far disposed to how to lower middle class to working classes live.
      Why should we feel bad for them? Should we now put them up in large houses like the upper classes in Malaysia just for having presented a story that they fled persecution?

      I had colleague from Iran who “fled” persecution. He later told me with a laugh although he likes Australia, Aussies will take any bullshit anyone feeds him.
      He told me he just got sick of living in Iran because he couldn’t do what he wanted to do, decided to fly here on a plane and claim asylum as coming on a boat was if those who were well-to-do but couldn’t pull off a proper story if a writer handed it to them on gold leaf.
      He told me life there was okay, but it got in the way because he didn’t feel like to follow an Islamic state and wanted to do whatever he wanted with people talking behind his back.

      As for “flogging” - nice emotive word used to stir up emotion - but every Malaysian in Malaysia is subject to caning if they break certain laws. Its not like they are caning ONLY refugees, you know.

      What is wrong with caning? They don’t cane women or the elderly, by the way.
      Its better than letting pedos go after they have molested 23762387 children with barely a slap on the wrist so that they can feel up more children in your neighbourhood park while on the dole.

    • jo says:

      08:46pm | 27/05/11

      HI MISSY I HAVE LIVED IN MALAYSIA
      What is right in putting refugees in malysia??? What makes you an expert on this topic??  and your comment “why should we feel bad for them” only shows that you don’t care about their fate.  Your friend from Iran does not represent the majority of asylum seekers,  Also his attitude leaves a lot to be desired. I guess he thinks he has outwitted the australian government, but the reality is he is the fool, bragging about what he thinks is his clevernes
      what is wrong with you???  with your comment ” What is wrong with caning”
      and what has pedos got to do with this topic?????.  pesonally I really don’t think you know what you are talking about, not meaning to offend you,  but I have lived in malaysia.

    • Lucas says:

      09:46am | 08/02/12

      it beorfe, I’m saying it again.This issue is a racist issue.Lets not delve into the detail, the fine print that gives it some weight/credibility it should not have.Just call the entire issue in all its pathetic tangents and ramifications racist.The opposition mainstream media for constantly putting it front and centre so that the COALition can have a racist rant, subtle or otherwise, the ALP for allowing itself to be wedged, can’t lose racist votes can they tut tut should simply be described as racist, reflecting badly on all Australians and lets STFU about this boring trivial racist non-issue and get onto something important.Hey I’m not criticising the 46 glanced at comments above [at time of typing], or I’m not really trying to to, cos I know the debate is on and some sort of detailed response seems appropriate, but in a land where pigs fly it would be really nice if whenever some racist turkey tries to reignite this racist topic there was a loud shout of ‘STFU racist!’ and silence ensued.

 

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