Australia has no legal right to detain Asylum Seekers

 

Legal academic, Professor Donald Rothwell of the Australian National University, has made the point that Australia has no right to detain a group of Chinese nationals thought to be on their way to New Zealand in a boat. The group were picked up in Australian water after a distress signal was put out to sea.

Professor Rothwell argues that there is no evidence so far to suggest that the group had breached any of Australia’s laws and provided that the vessel remains seaworthy, their continued trip to New Zealand cannot be prevented by Australian authorities. It is a fact that all people and ships were entitled to navigate through Australian waters provided they were not in breach of domestic and international laws.

The Prime Minister has made it clear that the group has not sought asylum in Australia and were on a seaworthy vessel and thus Australia was not in a position to detain them against their will. Professor Rothwell argued that alternatively, either Australia or New Zealand could offer the group asylum and thus allow them to avoid the perilous sea voyage to New Zealand.

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