Border protection will inevitably be a part of these objectives. ( 2) It is clear that Australia has the right to establish, administer and enforce its immigration policy and maintain national security. ( 1) Australian courts have also affirmed the right of Australia to determine who does and does not enter and remain in Australia. The Minister for Immigration and Multicultural and Indigenous Affairs (the Minister) has stated on many occasions, in the context of unauthorised boat arrivals, that as a sovereign country Australia has the right to defend the integrity of its borders. Public debate in recent years has increasingly linked the concept of border protection with the arrival of asylum seekers to Australian shores. More specifically, the Inquiry addresses the following questions:Ĥ.1 Does international human rights law threaten Australia's sovereignty?Ĥ.2 How does international law become part of Australian law?Ĥ.3 What are the rights of children in immigration detention in Australia?Ĥ.4 What tools assist in the interpretation of treaty obligations?Ī more detailed analysis of the human rights principles relevant to children in immigration detention can be found in the topic-specific chapters in the remainder of this report. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human rights treaty obligations. ![]() The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. ![]() A last resort? National Inquiry into Children in Immigration Detention
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