Q: How do you know if gold_medal_liar is lying? A: He's puts up a post.
3.77 Turning back irregular maritime vessels carrying asylum seekers to Australia can be operationally achieved and can constitute an effective disincentive to such ventures, but only in circumstances where a range of operational, safety of life, diplomatic and legal conditions are met:
- The State to which the vessel is to be returned would need to consent to such
a return - Turning around a vessel outside Australia’s territorial sea or contiguous zone (that
is, in international waters) or ‘steaming’ a vessel intercepted and turned around in
Australia’s territorial sea or contiguous zone back through international waters could
only be done under international law with the approval of the State in which the
vessel is registered (the ‘flag State’). - A decision to turn around a vessel would need to be made in accordance with
Australian domestic law and international law, including non-refoulement obligations,
and consider any legal responsibility Australia or operational personnel would
have for the consequences to the individuals on board any vessel that was to be
turned around. - Turning around a vessel would need to be conducted consistently with Australia’s
obligations under the SOLAS Convention, particularly in relation to those on board
the vessel, mindful also of the safety of those Australian officials or Australian
Defence Force (ADF ) personnel involved in any such operation.
3.78 Circumstances have changed since the limited number of turnbacks of irregular vessels
carrying asylum seekers in Australia over a decade ago. The legal context has changed.
The attitudes of many regional governments have evolved, raising the potential cost in
terms of bilateral cooperation generally and coordination on people smuggling activities
in particular. Furthermore, the pre-emptive tactics of people smugglers have adapted.
Irregular vessels carrying asylum seekers can often be quickly disabled or rendered
unsafe to foil any attempted turnbacks and to create a safety of life at sea situation.
In addition, the potential dangers for asylum seekers and Australian personnel in
effecting turnbacks have not diminished. (Attachment 8).
3.79 In implementing a turnback policy, an Australian Government would need to be
mindful of the significant operational implications for the ADF . In particular, there must
be a complete understanding that the Commanding Officer is best placed to assess
the situation to determine if a turnback is feasible, safe and lawful. Furthermore,
any implementation of the turnback policy would need to take careful account of
the availability of major fleet units that would be suitable to conduct and sustain
such operations.
3.80 In the Panel’s view, the conditions noted above and required for effective, lawful
and safe turnbacks of irregular vessels headed for Australia with asylum seekers on
board are not currently met in regard to turnbacks to Indonesia. That situation may
change in the future, in particular if appropriate regional and bilateral arrangements
are in place. It would only do so if the conditions outlined above (paragraph 3.77) are
fully met and, in particular, if there are changes in the understandings that exist with
regional states and if there is clarification of what constitutes safe and lawful conduct by
Australian personnel.
Now you show me where in there it says they recommend DOING it. To me that looks like a list of about ten good reasons NOT to do it. Saying it could be done if ten complicated conditions are met is NOT the same as saying that it's a great idea ... unless you're a cheerleader like AP of course.