• Un peu en vrac, la question de la politique de l’#excision de l’#Australie (#excision_territoriale):

    La première excision (2001), celle des îles, et contenu dans ce document législatif:

    Et puis ils ont décidé d’exciser tout le territoire australien pour l’arrivée par bateau, en 2013:

    “The effect of this change, while it has been discussed as the ‘excision of the Australian mainland from the migration zone’, in fact only excises the mainland for those who arrive to Australia by boat. Previously, only those who were intercepted in waters on the way to Australia and then transferred to Christmas Island, or arrived at Christmas Island or another “excised offshore place”, became an offshore entry person and were thereby excluded from making a Protection application by section 46A of the Migration Act. Following this amendment, all those who arrive by boat, including those who actually land on Australia’s shores, are now barred by section 46A. Any person arriving by boat to seek asylum in Australia must have this bar lifted by the Minister personally, in circumstances where the Minister finds it is in the public interest to do so. All boat arrivals are now also subject to Australia’s offshore processing regime and can be transferred to a regional processing country under section 198AD of the Migration Act, even if they first land on the Australian mainland. Any asylum seeker arriving by plane is still able to lodge a protection application and is not subject to the regional processing arrangements. These changes also ensure that all boat arrivals are subject to mandatory detention, are to be taken to a regional processing country, and cannot institute or continue certain legal proceedings in Australia.”


    Il y a aussi un wiki sur cela:

    Et une vignette:


    #Australie #migrations #asile #externalisation #réfugiés

    cc @reka

    • Out of sight, out of mind : excising Australia from the migration zone

      The migration zone is any place in Australia where a person arriving without a valid visa - what is technically called “without lawful authority” - can still make a valid visa application.

      It is distinct from the territory of Australia and might best be understood as a legal boundary within which people arriving without valid visas can still fall under the remit of the Migration Act of 1958. Protections afforded by the Migration Act - in addition to being permitted to apply for asylum - include having asylum claims processed in Australia, rather than in a detention centre such as Manus Island or Nauru



      –-> on explique très bien dans cet article aussi l’histoire du #Tampa et de #Arne_Rinnan :

      To understand how we started tinkering with the boundaries of the migration zone, one must go back to 2001 and the so-called Tampa Affair. In August 2001, Captain Arne Rinnan rescued 433 asylum seekers from their sinking boat and sheltered them on his freighter, the MV Tampa. He then made the decision to head to Christmas Island (which was at the time still in Australia’s migration zone) for the safety of his vessel, the crew and the people he had rescued.

      As a way to solve what then prime minister John Howard viewed as a direct challenge to border security in the aftermath of September 11 terrorist attacks, he proposed and had passed legislation that re-defined Christmas Island, Ashmore and Cartier Islands, Cocos (Keeling) Islands and Australian sea and resources installations as well as any other external territories, or state or territory islands, prescribed by regulations as “excised offshore places”. Importantly, this legislation was also retrospective.

      With a stroke of the proverbial parliamentary pen, while the Tampa asylum seekers had reached Australian territory, they were no longer in the “migration zone” and were subsequently removed to offshore detention centres.

    • Voir aussi ce décret de #Reagan mentionné dans l’article « Immigration Enforcement and the Afterlife of the Slave Ship » :

      But in our present day, it began in earnest with President Ronald Reagan’s Executive Order 12324 of 1981, also called the Haitian Migrant Interdiction Operation (HMIO), which exclusively tasked the USCG to “interdict” Haitian asylum seekers attempting to enter the United States by sea routes on unauthorized sailing vessels. Such people were already beginning to be derogatorily referred to as “boat people,” a term then borrowed (less derogatorily) into Haitian Kreyòl as botpippel.