Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I move:

That the Senate—

(a) notes:

(i) that it is not illegal to arrive in Australia to seek asylum, and

(ii) previous attempts by the Australian Greens to have the use of the term 'illegal' in reference to asylum seekers ruled as out of order in Senate debate; and

(b) calls on parliamentarians to refrain from using the misleading and inaccurate term 'illegal' when referring to asylum seekers.

Michaelia Cash (WA, Liberal Party, Shadow Parliamentary Secretary for Immigration) Share this | Link to this | Hansard source

by leave—The coalition did not support the Greens motion, which is an attempt to threaten and restrict freedom of speech in this Senate, and additionally is an attempt to censor a senator's right to describe a circumstance at issue in the terms that that senator believes appropriate. By agreeing to the motion the Senate sets a precedent by signalling that when a senator objects to the use of a specific word all that senator has to do is have a motion carried in the Senate prohibiting that word.

In any event, the assertion in the motion is factually incorrect. When referring to asylum seekers it is correct to refer to them as having arrived illegally. This is sanctioned by the United Nations. Article 31 of the refugee convention makes specific reference to a person's illegal entry into a receiving state, as does article 3 of the UN Convention against Transnational Organized Crime. Whilst it is not illegal to make a claim for asylum, if a person crosses borders without complying with the necessary requirements of legal entry into the receiving state that, as defined by the United Nations, is an illegal entry, hence the term 'illegal boat arrival'.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

by leave—I will not take too much time. I just point out that the opposition should reread the refugee convention, because they are twisting this for all it is worth. The convention does not sanction the opposition's position on refugees or asylum seekers. Indeed, it does not condone the use of the legal terminology of 'illegal' when referring to asylum seekers. It would come as no surprise to the Australian people that the coalition have no concept of what is in the refugee convention.