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Mr. Kevin Rudd, PM 29-9-2009 C/o R.McClelland.MP@aph.gov.au Attorney General . Cc; Mr Malcolm Turnbull, Malcolm.Turnbull.MP@aph.gov.au . AND TO WHOM IT MAY CONCERN . How to remove the incentive of refugees to select the Commonwealth of Australia as a target. . Kevin, One my wife, and her (late) husband were political refugees and as such I have a certain understanding as to the plight of refugees in that regard and as a CONSTITUTIONALIST I am also mindful to the constitutional legal requirements that have so far been considerably disregarded. And, I am on record that the Constitutional Policy Unit needs drastically be improved so competent people are providing constitutional advise and not mere some who happen to have some law decree but lack any proper understanding and comprehension as to what is constitutionally applicable. . Lets use an example; A man residing in Iraq is able to fund (being it by borrowing or otherwise) too pay a peoplesmuggler to transport him to the commonwealth of Australia where as another man from the same town lacking the financial ability travels over the border and beco0mes a refugee to reside in a refugee camp. Both might have the same political circumstances applicable but one is able to finance his trip and the other not to the Commonwealth of Australia. This is where the problem should be encountered as I wrote about many years ago. . What I view should happen is that all member states of the United Nations agree to provide within their territories a certain location to be under the control of the United Nations for purpose of receiving and processing refugees. As like Embassies around the world have specific statuses likewise a United Nations compound should be likewise. We have had reports where rebels were killing refugees in refugee camps and the UN-soldiers were unable to do anything unless they themselves were attacked. Clearly, by making a refugee camp a temporary sovereign territory of the UN then you already place the control and its defence in the hands of the UN and so no longer could rebels enter such a compound because they would enter a sovereign entity. When placing the movement and processing of refugees in general under UN control then it means that in our example the man who travelled to the Commonwealth of Australia would have no hope in the world to get in before the man who travelled over the border because the UN would classify each refugee upon the date of arrival. Hence, the quicker they arrive in a UN refugee camp the better their chances to be quicker processed. . In the Dutch armed forces they allocate each soldier a serial number that is by the date of birth and then a number as to the number of person entered of that date of birth. If therefore a person
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was born on 8 January 1990 and is called in to serve as the 321st person then his military number would be 900108321. If the same were applied to refugees then if a person were to leave Iraq yesterday and arrive across the border into a refugee camp today then his number would commence with 090929 whereas the person who left Iraq destiny Commonwealth of Australia via people smugglers would end up with a number relating to the date he may finally arrive in a refugee camp in Australia or elsewhere. What we then will have is that for the person it would be wiser to travel across the border to the nearest UN-refugee camp then to delay arrival into a UN-refugee camp by perhaps weeks. Again, providing the overall control of refugees to the UN it means that when say the Iraqi arrives in the Commonwealth of Australia, say finally on 20 October 2009 then his number would commence first of all as 091020 and as such he will have to wait until after the Iraqi that arrived in a UN refugee camp on 090929. As such travelling to the Commonwealth of Australia in itself would be to a disadvantage of that person. . Next however we get that it makes not one of iota to the UN if the person arrives in a UNrefugee camp in the Commonwealth of Australia or in, say, France because for UN processing purposes every refugee is a world refugee, and can be transferred from one UN refugee camp to another without any right to be accepted by any specific country. Therefore, the Iraqi who travelled to the Commonwealth of Australia but was then handed over to the UN-refugee camp may find that when finally he is accepted to be a refugee he could be transported to say France and then France may provide the opportunity for this person to reside there. As such, remove any notion that a refugee selects where the refugee is to be accepted as to allow this would undermine the sovereign rights of each country. If a genuine refugee seeks refugee status then it should not make one of iota difference which country provided this opportunity of refuge. . In recent times there has been an increase of boat loads of refugees or claimed refugees and clearly the Commonwealth of Australia seems to be targeted as a place to reside. In my view, a refugee must accept what is on offer and as such cannot dictate which country shall accept him or her. It means if the refugee travels to the Commonwealth of Australia then there is absolutely no guarantee that this person will then be given refugee status in the Commonwealth of Australia rather that the UN will process the refugee and if it finds that the person is a genuine refugee it will then inquire which member States might offer residence. Upon the request of the UN to accept refugees then and only then is the commonwealth of Australia getting involved as to process any application of people it may consider to accept. What therefore we achieve is that most of the research require with people claiming to be refugees will be done by the UN-refugee commission and when it makes a request, say to the Commonwealth of Australia to accept say 10 refugees it then is to provide copies of all files it has so that the Department of Immigration itself then can work from there and do its own research if the person is acceptable or not and if the person might in fact have a criminal record or otherwise might be wanted for criminal matters or uses a false identity, etc. Also, having a central point of information, the UN Refugees Committee it means every member country can provide details and where a country is requested to accept a refugee and it is discovered that the refugee didnt disclose all relevant details, such as so to say window shopping for a specific country by re-registering time and again as a refugee, then this can be exposed. Currently this is extremely difficult to become aware of and allows for fraudulent refugee status claims. The aim is to screen out questionable persons and to make the system fairer for the real refugees, many of whom have spend years in refugee camps. If boat loads of refugees were to arrive in Australia then it doesnt matter if they landed on Australia soil or not because they will all have to be handed over to UN controlled refugee camps. Hence, you also by this avoid any dangerous tactics by people smugglers to try to evade navy or air control, etc. It also means that the UN might receive the refugees and once given a medical check up etc may very well then have them transported to another refugee camp elsewhere in the world to be further processes and awaiting a country that will accept them. Again, using the date of arrival would become a deterrent for many to try to travel all the way to the Commonwealth of Australia.
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People smugglers would soon be out of business as people contemplating to seek refugee status would be aware that they do better to keep their money in their pockets and just go to the nearest refugee camp to register as a refugee. . While it might be stated there are no ques as to refugees, the truth is many are sitting for a decade or more in refugee camps and why then facilitate those who can afford travelling to the Commonwealth of Australia to have an advantage over other refugees? More over, is it fair that a widow with small children is sitting in a refugee camp for years trying to finally get accepted into some country while someone who has money or can borrow money some years later and elect to become a refugee for the sake of perhaps getting a better social and economical opportunity be given more rights? Likewise people who overstay their visas or arrive without a visa should all be handed over to the UN refugee camp so that again any incentive to use other means of transports, such as by aeroplane isnt going to advance them anything. Further, by delaying their registration as a refugee by staying unlawfully in the Commonwealth of Australia then they take it upon themselves to be later registered, and so later given an opportunity to be accepted by some country as a refugee. . With the above outlined system what we would achieve is that genuine refugees are by registration date considered for placement in a country that is willing to accept them and so to say que-jumpers will have no opportunity to dictate which country they will be accepted or indeed which country shall have them being processed. . The system set out above also means that refugees have no access to the legal processes of the Commonwealth of Australia until and unless they are refugees requested by the UN refugee Commission to be accepted as refugees. As such, only the end of the Commonwealth of Australia processing by the Department of Immigration is appealable but not the process within the UN refugee camp, at least in Australian courts. In the overall the entire budget dealing with refugees will more then likely be considerably reduced as no longer will this nonsense of Pacific Solution be applicable. Refugees will all fall under the control of the UN and no such thing as the UN coming into a country criticising its kind of conduct towards refugees because it will be the UN responsibility only. . Regretfully the above suggested system was never appropriately considered by the Howard Government, yet could have avoided the scandals relating to refugees treatment had it been pursued. People have rights and we must cater for them while at the same time ensuring that the processes are not misused and abused. Funding people to prevent people to deter refugees to leave the shores of Indonesia is not only unlawful but unethical and we must never again allow this kind of unconstitutional conduct to be permitted. The above system caters for the rights of genuine refugees as well as for the sovereign rights of each UN-member state and removed the incentive of people selecting their own country of destination because they no longer can dictate this upon any country. And, so to say, a hell of a lot cheaper for the Australian taxpayers! . It should be understood that the above outlined process would not whatsoever interfere with the right of the Commonwealth of Australia to determine who will or will not be permitted to reside in the Commonwealth of Australia as the UN refugee processing doesnt obligate any country to accept any person! The UN can only REQUEST to any member state if it is willing to accept certain persons it has accepted as being genuine refugees, subject to the UN member state own assessment and determination. In the end if there is a will there is a way to have a so to say win win situation for the real refugees and the countries seeking to do the right thing to the refugees as well as their own citizens, and to maintain as much as possible its national security! Awaiting your response, G. H. Schorel-Hlavka

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