CALD Populations and the Justice System - Coursework Example

CALD Populations and the Justice System Name: Institution: a. Explain the difference between an asylum seeker and an illegal immigrant An asylum seeker in Australia is one who comes and submits his applications to live in the country. Other than getting the benefits that come with different aspects of being a citizen, asylum seekers are not supposed to seek or acquire employments in the country (AHRC, 2010). Illegal immigrants are those individuals who arrive in the Australia and just operate without the permit of the government (Lusher & Haslam, 2007). In addition, some illegal immigrants within Australia comprise asylum seekers who contravene the terms of their stay or those whose applications of citizenship have been rejected but are staying in the country without the permission of the relevant authority (McMaster, 2002). One major difference between an asylum seeker and an illegal immigrant is the former has to prove their reasons for fleeing by stating reasonable grounds for fleeing. This is during the process of acquiring documents that allow them to reside in a country. An asylum seeker desires to acquire permission to live in a country while an illegal immigrant moves in with the objective of residing without the knowledge of the government (Lusher & Haslam, 2007). b. Explain the process a person must go through if they wish to seek asylum in Australia The application process for those seeking must apply for a protection visa from the Australian Department of Immigration and Citizenship (DIAC). One can also include their claims for protection (Lusher & Haslam, 2007). It is a requirement for children to apply for their own asylum in the country. When applying from asylum, one must complete form 866, prepare a statement of claim, pay $30 fee as the application fee, one then must have their fingerprints and photographs taken (Mares & Mares, 2002). In addition, an individual must be subjected to a health check and attend a face to face interview with DIAC. If an individual is successful he or she acquires protection visa. In case the request is declined an individual has the right of seeking review with the Refugee Review Tribunal (RRT). Such an individual must attend a hearing and ensure that he or she pleads the case (Multicultural Affairs Queensland, 2010). If RRT is in disagreement with the decision by DIAC, the case has to be subjected to reevaluation. If RRT and DIAC are in agreement and the individual is denied asylum, he or she is expected to leave Australia as soon as possible (Mares & Mares, 2002). However, one can still seek the hearting of the Federal Magistrate Court (FMC) which only handles legal errors (Lusher & Haslam, 2007). If the FMC determines the existence of errors, then he or she may schedule another hearing with RRT. It is also possible for an individual to reapply for asylum even after refusal by RRT and DIAC through the Ministry of Immigration to be allowed to stay in Australia permanently (Thoburn & Procter, 2005). It however important to note that there is a difference between the asylum seekers and their mode of arrival. Those who arrive by plane often undergo a different process considering that they possess essential documents from their place of origin. It is easier for them to acquire asylum since their identities are well known. The situation is however different for asylum seekers who arrive by boat since they do not have essential documents for identification and this necessitates the need to be detained. c. How does Australia compare internationally with regard to granting asylum to asylum seekers? When compared to other countries such as the US, Britain and France, Australia is a relatively free country where refugees fleeing from other counties can seek temporary or permanent protection visas. Since 2012, Australia has introduced numerous changes in its laws and policies in relation to those who travel to Australia seeking asylum without valid visa (Vecchio, 2014). It is important to note that currently in Australia, the policies that apply to those seeking asylum within the country is highly dependent on the means that the asylum seekers used to arrive in the country and the day of arrival (Vecchio, 2014). For example in 2012, the Australian government introduced the third country processing for those seeking asylum by arriving into the country at an exercised offshore place. This law was extended in May 2013 to apply to asylum seekers arriving in anywhere in Australia through a boat (Vecchio, 2014). Such seekers must be transferred to a third country such as the Christmas Island as soon as it is required by the law. This can only be denied under the discretion of the Minister for Immigration and Border Protection to exempt these immigrants from transfer. In case of a transfer to a third country, their request for asylum will be processed in accordance to the law of that country (Vecchio, 2014). In terms of providing assistance to asylum seekers the Australian government through DIAC provides financial assistance for asylum seekers living in the community. For those in detention the government operates through Nongovernmental organizations. In addition, Australian government provides assistance through the Asylum Seekers Assistance (ASA) seekers (Vecchio, 2014). d. Explain the issues associated with Australia’s detention of asylum seekers and illegal immigrants. It is a requirement of the Australian law that any non-citizen living in Australia without a valid visa must be detained and treated in accordance with the migration act of 1958 (Kimmins, 2010). This has attracted numerous instances of opposition especially from human rights movements who have questioned the living conditions and the protection of individual rights especially in situations where children and the disabled are detained (Wagar, 1999). The number of people in the detention camps and the duration of their stay in these camps have also been an issue of concern considering that the Australian system for mandatory detention is in contradiction with the country’s obligations to the protection of human rights (Thoburn, Chand & Procter, 2005). There are also claims that the mandatory detention system does provide a platform for transparent for individual assessment (Thoburn & Procter, 2005). It is important to note that the government of Australia uses mandatory detention as a security measure towards ensuring that every individual without the necessary documents for citizenship is held until he or she acquires such documents. In addition, the government uses such measures to ensure that its department of immigration documents the details of every citizen (Thoburn & Procter, 2005). e. CALD Populations in the Media Whyte (2014) in the article Four –year budget of $20 million spent in one year to stop the boats provides a detailed argument concerning the feelings of Australians on the losses that the CALD are making the country endure. In 2013, the government of Australia spent about $20 million in various campaigns against illegal immigrants from different countries around the world (Whyte, 2010). The citizens of Australia were demonstrating while demanding for proper use of taxpayers’ money. Instead of directing finances in advertisements against the intrusion of foreigners into the country, the government should have used the financial resources in numerous developmental initiatives. Such initiatives include improvement of the levels of security in the country considering that this will ensure that the country is not only protected from foreigners but also from possible security threats that have characterized the global platform in the current society (Whyte, 2010). CALD population according to this article is a major contributor to the rising cases of insecurity therefore instead of advertising on how to stop asylum seekers from arriving in Australian through boats; the government should have put more resources in improving security levels in Australia. This will not only minimize entry of asylum seekers into the country but also improve the techniques of protecting the Australian citizens. This article gives the impression that CALD populations are unwelcomed in Australia. It also gives the impression that the government has more responsibilities to play towards the protection and satisfaction of the people of Australia rather than engage in the development of foreign aspect that are less contributors to the success of the Australian economy. It is important for the people of Australia for the government to prioritize on the needs of Australians during the budgeting process to minimize the possibility of spending in unnecessary areas such as advertising and engaging innumerous promotional campaigns aimed at restricting the entry of the CALD population into Syria (Whyte, 2010). f. Crime Profiles of CALD Populations Australia is one of the countries that have large proportion of migrant population. This is inclusive of the individuals who were born in foreign countries but live in Australia (Shaw, 2006). According to the 2006 census report, the period of 1996 and 2006 saw an increase in the proportion of the minority of the CALD population from counties such as Sudan, Afghanistan and Iraq (Kaur, 2009). Individuals from the CALD population face numerous challenges which range from those arising from social isolation to untreated trauma. One of the most essential factors that in the context of cultural diversity and crime rates among the CALD populations in Australia (Kimmins, 2010). The mean question lies with the ability of the CALD population to engage in criminal activities against the general Australian population. Despite the availability of limited data on matters that affect the CALD population, existing evidence suggests that the minority population originating from CALD have the lowest rate of criminality in Australia compared to other individuals that comprise the Australian population (Lusher & Haslam, 2007). One of the most misleading thoughts about members of the CALD population is often the assumption that being a member of this group is directly linked to engagement in criminal activities. According to the available statistics, as at 2010 about 20% of the prisoners in Australia are members of the CALD population (AIC, 2010). According to the recent statistics by the Australian Bureau of Statistics, members of the CALD population are more likely to be victimized compared to other members of the Australian population.it is important to note that some of the programs instituted by the government in Australia provide platforms for the migrants to report any form of victimization (Kaur, 2009). This is likely to alter the statics on matters related to victimization and it will require the intervention of relevant authorities to ensure that future alterations in the rate of victimizations are a reflection of the reality (Kimmins, 2010). Despite the relatively lower rates in victimization crimes against members of the CALD population, there are key criminal justice issues that are associated with this proportion of the population (AIC, 2010). These include hate crimes, sexual violence issues, difficulty in accessing services that are considered culturally appropriate and lack of awareness of the requirements of the law. This means that there is need for the Australian government to institute more structures with the objective of protecting the migrants from possible crime accusation (Kaur, 2009). In addition, the Australian government also has the responsibility of legislating on the means that can be used to not only foster harmonious living within the society but also active engagement of the migrant community in the affairs of the state. The increased level of discrimination among Australian has compelled some members of the CALD family to withdraw from active participation on matters of the state. It is also important to note that inactive participation in such matters increases the levels of segregation among Australians and the immigrant population hence a relatively divided nation (Kaur, 2009). References Australian Human Rights Commission (AHRC). (2010). In our words—African Australians: A review of human rights and social inclusion issues. Sydney: AHRC. http://www.hreoc.gov.au/africanaus/review/in_our_own_words.pdf Australian Institute of Criminology (AIC). (2010). Australian Crime and Violence Prevention Awards: Winning projects 2010. Canberra: AIC. http://www.aic.gov.au/en/crime_community/acvpa/2010.aspx   Kaur, J. (2009). Developing ‘culturally sensitive’ practice when working with CALD communities in child protection: An Australian exploratory study. Developing Practice: The Child, Youth and Family Work Journal 23 (Autumn/Winter): 23–34 Kimmins, J. P. (2010). Forecasting forest futures: A hybrid modelling approach to the sustainability of forest ecosystems and their. London: Earthscan. Lusher, D., & Haslam, N. (2007). Yearning to breathe free: Seeking asylum in Australia. Leichhardt, N.S.W: Federation Press. Mares, P., & Mares, P. (2002). Borderline: Australia's response to refugees and asylum seekers in the wake of the Tampa. Sydney: UNSW Press. McMaster, D. (2002). Asylum seekers: Australia's response to refugees. Carlton South, Vic: Melbourne University Press. Multicultural Affairs Queensland, Queensland Government (2010). http://www.multicultural.qld.gov.au/services-resources Shaw, P. (2006). ‘Refugee Children – Rebuilding Fragmented Lives’, On TRACC Transcultural Care Centre, unpublished conference presentation Thoburn, J., Chand, A., & Procter, J. (2005). Child Welfare Service for Minority Ethnic Families: The Research Reviewed, Jessica Kingsley Publishers, London. Vecchio, F. (2014). Asylum Seeking and the Global City. Routledge, UK Wagar, W. W. (1999). A short history of the future. Chicago: University of Chicago Press. Whyte, S. (2010). Four-year Budget of $20 million spent in one year to stop the boats. The Canberra Times. http://www.canberratimes.com.au/federal-politics/political-news/fouryear-budget-of-20-million-spent-in-one-year-to-stop-the-boats-20141005-10qiz8.html Read More