The term 'illegal asylum seekers' is an oxymoron. According to the Migration Act, there is only a distinction between 'lawful non-citizens'(with visa) and 'unlawful non-citizens'(without visa). Unlawful doesn't mean illegal, as
it is not a crime to arrive in Australia without a visa, whether by boat, air, parachute, spaceship, or catapult.According to Kerry Murphy, lawyer and academic specialising in migration law, the possession of a valid visa is irrelevant to a person's claim of asylum. "Whether someone has a visa or not is not relevant for refugee status," Mr Murphy said. "At most, having a valid passport and visa may give rise to adverse inferences about whether someone has a well founded fear of persecution."
As a signatory to this Convention, Australia is obliged to recognise all asylum seekers as refugees until such time as it can decide otherwise. However, even if Australia denies refugee status to an asylum seeker, he/she is still not 'illegal', as Australia can only confirm refugee status, not establish it. The fear of persecution, defined by the Convention, is not confirmed or denied during the interview, but instead is solely "as perceived by the claimant and as expressed by the claimant."
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