Julia Gillard MP 6-7-2010

C/o R.McClelland.MP@aph.gov.au
5 .
Cc: Tony Abbott MP
Tony.Abbott.MP@aph.gov.au
.
AND TO WHOM IT MAY CONCERN
10 .
Julia,
as a CONSTITUTIONALIST my issue with any legal issue is the constitutional validity
of any action by the government, and likewise by the Parliament. If it ain’t constitutionally
permissible then no matter the purpose it must be abandoned because the moment we allow the
15 constitution to be defied we have lost the plot and permit terrorism and dictatorship, as there will
always be those who find excuses to disregard constitutional limitations.
.
As set out below the aim is to discourage the usage of people smugglers by ensuring that
anyone arriving via people smugglers are to be assessed as to the date of registration and
20 therefore their entitlement to be assessed will be delayed by travelling to Australia.
.
The United Nations is setting certain standards regarding refugees and hence should be the body
that is funded by all nations to deal with refugees, not each country separately. By this every
person who arrives at any country without entry permit or other legal documents is to be handed
25 over to a United Nations Centre where the person is registered as to the date of arrival and will
have to await his/her turn as per date of registration. This means a person coming as a refugee to
Australia but previously already registered, say, in Indonesia will then loose the earlier
registration and be reregistered with the new date and hence deterring any refugee to travel to
Australia and by this loose his/her place in the que.
30 It will be up to the United Nations to perhaps use electronic devises such as finger print scanning,
facial recognition, etc, as to be able to keep a track upon registered refugees. Then when the
United Nations starting at the people longest registered assesses a person to be a refugee then and
only then when the United Nations request say Australia to accept this person will it be that
Australia will get involved for itself to assess the person as to be a desirable or undesirable
35 person to be allowed to enter Australia. As such instead of the Commonwealth of Australia
spending huge amounts of moneys to refugees or self proclaimed refugees and by this divert
valuable monies from other area’s such as the sick, the elderly, the invalid, etc, the Government
simply will have no part in holding refugees but leave it up to the United Nations to do so and by
this the government has no blame as to the conditions the United Nations may use for holding
40 people in United Nations Centres. Indeed how absurd is it that the United Nations dictates a
refugee policy but doesn’t really itself in an organised manner with all refugees. As much as
every country provides areas for embassies, etc, likewise countries could do the same for United
Nations Centres. Then, the moment a ship load of refugees or self proclaimed refugees arrive
those people are then all immediately forwarded to the United Nations Centre and the United
45 Nations Centre then can sent anyone to wherever in the world to other united nation Centres as
such taking away any incentive to travel to Australia as a way to force Australia to accept them
because they could very well end up at the other side of the world in a United Nations Centre.
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 What then will be achieved is that all persons seeking a so to say safe heaven will be under the
direct authority of the United Nations and then the standards of care will be governed by the
United Nations. It also means that there will no longer be any incentive to come to Australia via
people smugglers or even to overstay of a visa because each and every person deemed to be
5 unlawfully in the Commonwealth of Australia will be shipped of to the nearest United nations
Centre. It also means that the Australian courts and tribunals will no longer be clogged up with
appeals and the like because instead of the Commonwealth of Australia having them in the legal
system of Australia they will effectively remain to be under United Nations control unless being
assessed for acceptance. With the United Nations Centre to have a worldwide data base of all
10 persons displaced or otherwise claiming to be a refugee, etc, then it can conduct a far more
orderly assessment of people concerned then each nation doing the same of the same person on
numerous times where so to say a person is so to say window shopping for a particular country
that may be more attractive to reside.
.
15 Also, while people are held in United Nations Centre they can get a better training into say
English language and the difference of their own native country culture and traditions then
that of the Commonwealth of Australia and hence if they desire to come to Australia, and if
so approved by the Australian authorities, then they will be more competent to assimilate
into the Australian community and less likely will form gangs to terrorise Australians.
20 .
Australia so much demand of many would be immigrants that they have sufficient knowledge of
Australia and competence in certain work area’s to be admitted into Australia yet any person
claiming to be a refugee can sidestep this all and this causes an unfair advantage for what are
basically “economical refugees”. It also places a drain upon the welfare system and we find that
25 the elderly who so much worked to built up Australia then cannot get sufficient pensions because
so much of the monies is being wasted on off shore processing and holding facilities beside on
shore processing and holding places.
.
Why indeed spend a lot of money to house refugees or purported refugees at East Timor or
30 elsewhere in conditions far better then many Australians have where we can organised it much
better at a much reduced cost? This is not being against refugees or self-proclaimed refugees but
is about having our priorities right and to ensure all person of whatever status are provided with
basic humane standards and not that those spending a lot of money on people smugglers have
better facilities in detention centres then Australians have who are sleeping on the streets.
35 .
The Commonwealth should make sure that no Australian should have a lesser living
condition then the Commonwealth provides for refugees or self proclaimed refugees. As
such, lets first attend to those we have sleeping in cars and under bridges to ensure they
have a decent roof above their head before we waste billions of dollars on refugees to
40 accommodate them with television, computer facilities, telephone, etc, etc, while our own
are dying in the streets.
.
QUOTE
The United Nations High Commission for Refugees is presently reviewing conditions in
45 both countries and UN protection guidelines.
END QUOTE
.
Well make the United Nations responsible for the care of all refugees and we all are much better
of! Below I give a more details set out to certain matters;
50 .
In my view the Federal Government has at hand to avoid this ongoing refugee problem but so far
failed to take appropriate action and as result is incurring a reported $500,000.00 plus cost per
refugee that could be better used for the sick, the elderly, etc. Before setting out the solution to
this, as I did in the past lets I now direct myself to articles such as some of the following;
55 .

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 QUOTE
http://au.news.yahoo.com/a/-/latest/7040914/govt-gets-tough-with-asylum-seekers/
Govt gets tough with asylum seekers

5 By Julian Drape, AAP April 9, 2010, 5:21 pm

The federal government has toughened its policy on asylum seekers by immediately
suspending the processing of all new refugee claims by Sri Lankans and Afghanis.
Immigration Minister Chris Evans on Friday denied the new regime meant asylum seekers
10 could be detained indefinitely on Christmas Island or in mainland detention centres.
"People aren't being denied their right to seek asylum but it's been suspended," he told
reporters in Canberra.
"It's humane because people will still have access to consideration of their refugee status.
"They will still be treated with dignity and treated as human beings."
15 The government says the new policy is a response to changing circumstances in Sri Lanka
and Afghanistan.
The United Nations High Commission for Refugees is presently reviewing conditions in
both countries and UN protection guidelines.
END QUOTE
20 .
QUOTE
http://www.heraldsun.com.au/news/national/united-nations-warns-australia-about-
indoneisan-people-smuggling/story-e6frf7l6-
1225851645243?referrer=email&source=HS_email_nl&emcmp=HS&emchn=Newsletter&
25 emlist=Member
Last Updated: April 09, 2010
Tony Abbott mocks government suspension of asylum seeker claims, saying it's a failure of
original immigration policy
END QUOTE
30 .
QUOTE
http://blogs.news.com.au/heraldsun/andrewbolt/
Rudd panics: now says boat people may be fleeing peace
Andrew Bolt – Friday, April 09, 10 (12:10 pm)
35 Another boat, and nearly more deaths, forces the Rudd Government to announce that these
poor refugees are probably not fleeing danger, after all:

All new asylum seeker claims from Sri Lanka and Afghanistan are being
suspended, as news emerges that 70 people were rescued from a sinking asylum
boat off Christmas Island early this morning.
40 Immigration Minister Chris Evans says the Government has decided to implement
the processing suspension due to “changing conditions” in both countries…

This means any new asylum seekers now arriving in Australian waters from those
two countries will not have their refugee applications processed until the
suspension is lifted.
45 The suspension comes as the United Nations High Commissioner for Refugees
reviews the international protection guidelines for both countries.

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 But, but, but… weren’t they fleeing ”genocide” Wasn’t this flood of boats caused by ”new
conflicts” and overseas ”push factors”?
It seems to me from this that Immigration Minister Chris Evans is now admitting the
Government lied all along in denying its policies had lured so many thousands here in
5 boats:

The changes we’re announcing today send a strong message to people smugglers
that they cannot guarantee a visa outcome for their clients.

So it really was the guaranteed visa outcome that people smugglers were advertising that
drew so many boats here? Then why didn’t Rudd just say so a few dozen boats ago?
10 Liars and incompetents.
END QUOTE
.
The Framers of the Constitution well aware that International law can often be used to override
local law decided to ensure that The Commonwealth of Australia Constitution Act 1900 (UK)
15 would be as such structured that International law could not interfere with Australian law but
could be used in aid of australian law.
.
Hansard 17-4-1897 Constitution Convention Debates
QUOTE Mr. SYMON:
20 There can be no doubt as to the position taken up by Mr. Carruthers, and that many
of the rules of the common law and rules of international comity in other countries
cannot be justly applied here.
END QUOTE
.
25 HANSARD 27-1-1898 Constitution Convention Debates
QUOTE
Mr. OCONNOR.-The right honorable member, with all respect, is begging the question.
The real question now is, not whether the people want it, but whether the power should be
given to the Commonwealth, that is to say, the whole of the Commonwealth, to enforce
30 the compulsory reference of disputes in one particular state.
END QUOTE
.
For purpose of legislation any Commonwealth law must be for the “whole of the
Commonwealth” and for the
35 .
HANSARD 13x-1898 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE
Mr. ISAACS.-The Parliament has by clause 52 full power and authority to make
40 laws for the peace, order, and good government of the Commonwealth with respect to
a large number of matters that are set out. This is a power that is without limitation.
END QUOTE
.
It should be understood that while it was stated
45 This is a power that is without limitation.
It is within the limits of being for for the peace, order, and good government!
As such as long as it is within the scope of “for the peace, order, and good government” the
legislative powers is unlimited.
.
50 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE Mr. DEAKIN.-
. In this Constitution, although much is written much remains unwritten,
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 END QUOTE
And
QUOTE Mr. DEAKIN.-
What a charter of liberty is embraced within this Bill-of political liberty and religious
5 liberty-the liberty and the means to achieve all to which men in these days can
reasonably aspire. A charter of liberty is enshrined in this Constitution, which is also
a charter of peace-of peace, order, and good government for the whole of the peoples
whom it will embrace and unite.
Mr. SYMON (South Australia).-I wish to say one word or two before we part. I do not
10 intend to enter into any detailed examination of, or any elaborate apology for, the
Constitution which we have been engaged in framing. But, sir, no man can remain
unmoved upon this momentous occasion. We who are assembled in this Convention are
about to commit to the people of Australia a new charter of union and liberty; we are
about to commit this new Magna Charta for their acceptance and confirmation, and I
15 can conceive of nothing of greater magnitude in the whole history of the peoples of the
world than this question upon which we are about to invite the peoples of Australia to
vote. The Great Charter was wrung by the barons of England from a reluctant king.
This new charter is to be given by the people of Australia to themselves.
END QUOTE
20 .
When then we have people arriving by plane or by boat we should use the same legal principles
for all of them. We cannot sent back those who come by plane while not using the same rules for
those coming by boat.
We have an obligation to ensure that people smuggling is not financially viable.
25 The sinking of Siev X on 19 October 2001 with 363 dead (including 146 children) must always
be a reminder as to the tragedy of all those who drowned.
Yet, no known (to me) prosecution ever eventuated in regard of those 363 people who died
within the Commonwealth of Australia as to hold the organisers and others who participated
legally responsible for their deaths. In my view anyone involved with the transporting of people
30 for unlawful means should have to face a Commonwealth criminal prosecution for causing
and/or participating in regard of any death during the voyage or subsequent to a voyage.
.
When some say 100 people each pay say $10,000.00 each then the people smuggler stands to
earn about $1 million and then a paltry $3,000.00 fine isn’t going to deter this person. As such a
35 greater emphasis must be on deterrent. But it would be far better, as I indicated in the past, and so
also in my published books in the INSPECTOR-RIKATI® series on certain constitutional and
other legal issues that the entire refugee or unlawful arrivals is wrongly dealt with.
.
Constitutionally the Commonwealth of Australia has the legislative powers regarding
40 immigration and aliens and as such, provided it is a general power against all, can regulate
arrivals and aliens. The Framers of the Constitution separated the powers as to Immigration and
Aliens because Immigration is in regard of those migrating into Australia and aliens in regard of
those already in Australia. Because the Framers of the Constitution were pursuing a “white
Australia” they didn’t want as they refer to “inferior coloured races” to flood Australia and in
45 view that India was under British rule and as such its inhabitants were British nationals the
Framers of the constitution held that the Commonwealth could do a test on immigrants such as to
be entitled to enter the Commonwealth of Australia.
Also after arrival to control their conduct and knowing the problems with International law the
Framers of the constitution decided to insert s.51(xxvi) regarding “inferior coloured race” or
50 “race” so that the Commonwealth could limit their movements, employment, etc, of each law in
which were to be within the Commonwealth of Australia but deemed of a race that required
special legislation. Any such special legislation then would apply to all persons of that race
regardless their position in society.
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 With the previous rules to postpone refugee applications of Afghans and Sri Lanka’s then this
can only be used within s.51(xxvi) as under “special legislation” as under migration laws it
would not be applicable in that any immigration law must apply to all persons in the same
manner, regardless of their country of origin. As such a ban on all people seeking a visa or none
5 at all! As for s.51(xxvi) the problem then lies with that it can only be a legislation in regard of all
people of that race. Meaning that a ban cannot be only applied to Afghans arriving by boat but
must be applied to all Afghans no matter their way of entry and regardless they might be skilled
person being doctors, etc. hence the Commonwealth cannot issue visa’s to an Afghan to come by
plane while not allowing Afghans in a Commonwealth Detention Centre to obtain a visa.
10 There is however a much better alternative in place that would avoid any clashes in law.
It must be recognised that the United Nations is the governing body regarding refugee issues,
regardless it cannot overrule constitutional provisions.
.
Now lets take an example of two persons both leaving say Afghanistan for refugee status. We
15 call them X and Y. Mr X travels to a nearby United Nations camp in Pakistan and register, say,
on 19 April 2010 there as a refugee. Mr Y however pays a people smuggler to take him the
Commonwealth of Australia. Mr Y arrives at Australia without a visa. The Commonwealth of
Australia recognising that the United Nation is the covering body about refugees has set aside a
portion of land that is as like any embassy deemed to be foreign land, exclusive under the
20 jurisdiction of the United Nations. Mr Y who arrives therefore is transported directly to the
United Nations facilities and so placed under United Nations authority. The United nations give
Mr Y the registration number commencing with the date of arrival being, say, 6 May 2010 and
this means that while Mr X had his registration number commencing with 20100409 Mr Y has
his registration commencing with 20100506. What this means is that Mr X will be well before
25 Mr Y up for consideration of any refugee status because the United Nations will deal with people
as to their date of registrations. As such Mr Y travelling to Australia minimised his own
opportunities to be considered for refugee status.
.
When a person arrives at a United Nations compound and given a registration number then the
30 United Nations will pursue the status of this person and history to determine if this person is
considered a refugee. Once the United Nations has considered a person to be a refugee then the
United Nations request member states to consider accepting a number of refugees. Each member
State is given a copy of the files relevant to each refugee and each member State then can,, if it
desires to do so, do its own investigation as to if it find a refugee suitable for acceptance or not.
35 What this means is that Mr Y even when finally approved by the United Nations as being
considered to be a genuine refugee may still end up being accepted by a country on the other side
of the world, being it in Siberia, or whatever. As such, this system takes away the advantage of
travelling to Australia to basically being secured to be accepted by Australia because no longer
the Commonwealth of Australia but the United nations is who conduct refugee matters initially.
40 It also means that those longest held in United Nations Centre (camps/compounds) are the first to
be considered to be accepted. The so called que-jumping will be avoided all together because
every refugee will try to get to the nearest United Nations refugee camp/compound rather then
waste weeks or even years to travel to Australia and then having to start from the date of
registration. Why indeed would a person travel from Afghanistan at huge cost to Australia and
45 then find that the United Nations may cause him to be transported to another United Nations
camp in say Siberia or wherever?
The entire incentive to force one self’s upon Australia and to perhaps blackmail a
government such as refusing to leave a ship will be counter acted by making clear that any
person who refuses to leave a ship will jeopardize his own status by being later registered.
50 Say, that there are so many arrivals that the United Nations finds it has not sufficient places in its
Australian compound then it can transfer people to other United Nations compound wherever
located in the world or simply have them transported to their own country of heritage.

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 What we therefore would achieve is that any refugee or so called refugee would upon arrival in
Australian waters, etc, immediately be transported to a United Nations compound and then the
United Nations provide all the humane services required. It would then create a worldwide
United Nations compound facilities without all the different governments trying to find solutions.
5 Likewise those who arrived by plane and are not accepted as lawful arrivals they too can be
transported to a United Nations compound and then the United Nations can determine what is
best to do with such a person. Perhaps an island might be a perfect way to have a United Nations
compound.
.
10 We must show concern for human rights including those who arrive hear at times with huge risk
to life and limb but on the other hand we must also guard out own security and not have others
dictating us that we must accept them.
.
Fancy a person residing, in say, England seeking a visa having to wait for approval while a
15 person from a war torn country, regardless the person himself really was not in any danger, can
force himself upon the Australian government but the Englishman cannot, yet might be better
qualified for a visa.
.
Why indeed should say a widow with children waiting in a United Nations Centre for year but
20 not having monies to pay a people smuggler be yet again denied entry because others who can
get money to pay a people smuggler can jump the que? We must build a system that those
registered the longest are not robbed of the right to enter merely because they peacefully waited
for their number to come up! We must reward’s those who pursue lawful entree.
Also, to avoid clashed of culture those who desire to come to Australia must first undergo a
25 course in regard of Australian customs, etc, so that we do not get people entering who for
example have the view that honour killing is acceptable because it was done it the country they
came from. As such, remove the opportunity of them dictating any government and make
compulsory that a course in English and in Australian customs is required to be passed. We now
see too often that people are practicing their own cultural ways of conduct regardless of how it is
30 in conflict with australian law and this is a major problem to the security of Australians where
the Federal government fails to compel a proper course to be followed about Australian customs,
etc. (not something who is a cricketer!)
.
In my view the Federal government should place a moratorium upon all applications while in the
35 meantime seek to establish a United Nations Centre (compound) who the can in principle deal
with all unlawful arrivals and/or persons unlawfully being in the Commonwealth of Australia.
Politically, I view, it is the most sensible solution also because any human rights issues then is
within a United Nations compound!
.
40 And it would be appropriate for the Commonwealth to legislate that any person who arrives in
the Commonwealth of Australia without lawful authority or remains to stay in the
Commonwealth of Australia without lawful authority it automatically to be placed in detention
unless and until otherwise provided for. This would place the onus to prove the unauthorised
person upon the person rather then upon the Commonwealth if the person was to be allowed
45 outside detention. The issue is not to deprive genuine refugees of their rights but to deter the so
called “economical refugees” and the que jumpers and at the same time avoid unrealistic
spending toward refugees.

Awaiting your response, G. H. Schorel-Hlavka (Gerrit)

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