Over the years, many people, such as scientists, conversationalists and politicians have argued that Australias population

should be kept as it is or should be increased. This is known as the Population Debate. This debate takes into consideration of the many issues that relate to the population, including the impact on the natural environment, pressure on resources, multiculturalism and social impacts, the ageing population, low fertility rates, a drop in the labour workforce, economic stability and population distribution. Although many people consider agree with either side of the argument both sides of this case gives substantial evidence of the Population Debate.

70% of the immigrant intake in 2009, tended to be better educated and skilled and also have better labour market outcomes. Hence, this boosts the productivity and labour force rate, population growth and the efforts placed to reduce population ageing. More migrants will also enhance the fertility rate and the replacement rate. Thus, it can be concluded that the population must be increased to replace for the growing number of retirees. Population distribution is also another issue that needs to be considered in the Population Debate. Most of Australias population is concentrated in the urban areas near the coast and more than 85% of the population already live within fifty kilometres of it. There is a continuing trend for people to move there, consequently putting mounting pressure on coastal environments and leaving many inland areas in decline. This also places stress on local councils. The rapid increase of population is causing an immense number of problems, such as providing necessary infrastructure, water and sanitation, sewerage systems, roads and land to build on. Schools, hospitals and transport systems are also strained as they are not able to keep up with the growing demand. With an increased intake of migrants who would prefer to reside in coastal areas it also places much strain on the amount of resources available. Subsequently, while Australia may be a vast continent, much of the land is inhospitable therefore restating that with a growing population in coastal areas, it will not only affect the environment negatively, but also the people.

While Australia's environment has some features that are generally in a good condition, Australia also has many environmental problems. These include: land degradation, endangered species, an increased amount of toxic algal blooms in rivers, declining fish stocks, land clearing, air pollution and vulnerable water supplies. Although many of these problems can be caused by poor management techniques, policy failure and feral animals, the number of people living in Australia can also amount to these problems. With an increased population, the use of more energy and resources ultimately results in a rise of more waste. On average, Australians have become progressively richer over the past few decades. This then increases the standard of living since, as a nation, more goods are owned, more energy is used, more processed food is eaten and houses are now much larger than before. Essentially, not only does all this consumption is making Australias environmental problems worse, but it also reduces the amount of natural resources Australia has, generates waste and basically adds more stress onto the natural and agricultural environments. Overall, the Population Debate is an incredibly difficult case to argue which side is right. While some may agree that Australia has reached its optimum population, others may argue that the population should grow furthermore. In general, factors including: population growth, population distribution and migration combined with high and However, it is vital to be aware of the implications that an increased population in Australia has on the unsustainable levels of consumption puts much pressure on the environment and the amount of resources. Land environmental and sustainability issues. While boosting fertility rates, the Australian economy and such are degradation, loss of forest cover, pollution of water and air, soil erosion and loss of biodiversity are occurring at a important, the environmental factor by far prevails over these issues. It is for this reason that Australia has ultimately rapid rate therefore showing that increasing the population will have a harmful and damaging effect on the reached an ideal population. environment. What are the human rights of asylum seekers and refugees? Although Australias rate of immigration is at a relatively low 0.7%, the broad range of different linguistic and cultures Australia has obligations to protect the human rights of all asylum seekers and refugees who arrive in Australia, that originate from Australias migration population is significantly changing the social and cultural foundation of the regardless of how or where they arrive and whether they arrive with or without a visa. country. About a quarter of todays population was born overseas, meaning that the racial make-up and linguistic composition is now tremendously diverse which includes over two hundred languages and forty-five Indigenous As a party to the Refugee Convention, Australia has agreed to ensure that people who meet the definition of refugee languages. This shows that culture is everywhere is Australia. However, most Australians are usually oblivious to its under the Convention are not sent back to a country where their life or freedom would be threatened. This is known ubiquity and influence. Culture, in fact, plays an important role in the shaping of peoples lives in society. Not only as the principle of non-refoulement. does culture influence peoples insight of the world, but also the attitudes towards the environment and the abilities to interact with one another. Australia also has obligations not to return people who face a real risk of violation of certain human rights under the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention on the Rights On the whole, with the many benefits that multiculturalism brings, population growth based on migration gives of the Child - even if they do not meet the definition of refugee under the Refugee Convention. positive impacts to Australias population for if it werent for migration, Australias cultural society wouldnt be as it would today. Therefore, a larger increase for immigration will provide Australia with many advantages. In addition, while asylum seekers and refugees are in Australian territory (or otherwise subject to Australias jurisdiction), the Australian Government has obligations under various international treaties to ensure that their Another significant challenge that relates to the Population Debate is the ageing population. In the past, Australia human rights are respected and protected. These treaties include the International Covenant on Civil and Political was a relatively youthful nation. However, since the 1970s, the number of people age fifteen years or younger has Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention Against Torture and the dropped from 31% to 22% and the number of people aged over sixty-five years has grown from 8% to 13%. One of Convention on the Rights of the Child. the main reasons for this is due to a fall in the fertility rate as Australian families are, on average, having fewer children. Birth rates have been declining ever since the 1960s and for the last twenty years or so, the birth rate has What does the Commission do to monitor conditions and treatment of asylum seekers in immigration detention? since fallen below the replacement rate. Another reason is that the life expectancy in Australia has escalated as a There are currently thousands of asylum seekers being held in immigration detention facilities around Australia. result of improved health care, medical care and medical breakthroughs. Another factor which attributes to this issue is that the baby-boomers, those who were born in 1945 to 1965 in the post-war period, are now reaching retirement Under the Migration Act 1958 (Cth) (the Migration Act), asylum seekers who arrive on the Australian mainland age. The ageing population also affects economic growth. There will be more demand for health and aged care, without a valid visa must be held in immigration detention until they are granted a visa or removed from Australia. home support services, subsidy of medical services, community transport and a variety of cultural and recreation services. While these are important, the government will be spending much more money and face increased Under the Migration Act, asylum seekers who arrive without a valid visa in excised offshore places such as Christmas budgetary pressure. The labour force will also decrease, ultimately affecting the economy and could also potentially Island may be detained. The current policy of the Australian Government is that asylum seekers who arrive in excised force the retirement age to increase. This therefore means that Australia must repopulate with younger generations offshore places will be subject to mandatory detention. to fill up the labour force, otherwise the Australian economys stability will be questioned. One way to do this is by introducing more immigrants to Australia. Most migrants are of prime working age. Skilled migrants, who made up Some asylum seekers spend long periods of time in immigration detention waiting for their refugee claim to be

assessed; waiting for the completion of health, identity and security checks; or awaiting removal from Australia if their refugee claim has been unsuccessful. While in immigration detention, asylum seekers may have a variety of needs including counselling for torture and trauma, access to family tracing services, interpreting and translation, medical care, education and recreational activities. What are the Commission's views about the refugee assessment process? Asylum seekers who arrive on the Australian mainland (or in any non-excised part of Australia) and apply for protection are assessed through the refugee status determination system that applies under the Migration Act. Under this system, the Department of Immigration and Citizenship (DIAC) makes a primary assessment as to whether an applicant meets the criteria for refugee status and whether they should be granted a protection visa. If an asylum seeker is refused a protection visa by DIAC, they have access to independent merits review by the Refugee Review Tribunal (RRT), or in some circumstances the Administrative Appeals Tribunal (AAT). In limited circumstances, they can seek judicial review by the Federal Magistrates Court or the Federal Court of decisions made by the RRT or the AAT. The Commission raised concerns about Australias refugee status determination system, as it applies to child asylum seekers, in the report of its national inquiry into children in immigration detention, A last resort? The Commission has also made a number of submissions about Bills relating to various stages of the refugee status determination process, arguing that the human rights of asylum seekers and refugees should be protected throughout the process: Migration Amendment (Review Provisions) Bill 2006 Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 Migration Litigation Reform Bill 2005 Migration Amendment (Judicial Review) Bill 2004Asylum seekers who arrive in excised offshore places Asylum seekers who arrive in excised offshore places such as Christmas Island are barred from the refugee status determination system that applies under the Migration Act. These asylum seekers are not able to submit a valid visa application unless the Minister for Immigration exercises his or her personal discretion to allow them to submit an application. They have no access to the Refugee Review Tribunal. Instead, their refugee claims are assessed through a non-statutory process. In the Commissions view, this two-tiered system for determining whether an asylum seeker is a refugee undermines Australias international human rights obligations and obligations under the Refugee Convention. The Commission has recommended that the Australian Government should repeal the provisions of the Migration Act relating to excised offshore places and abandon the policy of processing some asylum claims through a separate non-statutory process. All unauthorised arrivals who make claims for asylum in Australia should have those claims assessed through the refugee status determination system that applies under the Migration Act. What happens to people who are not determined to be refugees but still need protection? In some cases, a person may not meet the Refugee Convention definition of a refugee, but may nevertheless face significant human rights abuses such as torture if returned to their country of origin. Currently, the only avenue of protection for such people is to apply to the Minister for Immigration to request that the Minister exercise his or her personal discretion to issue a visa under section 417 of the Migration Act. The Commission has raised concerns that the section 417 Ministerial discretion is not an adequate mechanism to

protect people from refoulement. In particular, the Ministers discretionary power is non-compellable and the Ministers decisions are not reviewable. The Minister is also not obliged to give reasons for his or her decisions. The Commission has recommended that the Australian Government adopt a legislated system of complementary protection to implement Australias non-refoulement obligations under the International Covenant on Civil and Political Rights, the Convention against Torture, and the Convention on the Rights of the Child. In September 2009 the Australian Government introduced the Migration Amendment (Complementary Protection) Bill 2009 (Cth) into Parliament. While the Commission welcomed the Bill, it expressed some concerns about the scope of protection proposed by the Bill and recommended a number of amendments. The Commission welcomed the introduction into Parliament of an amended version of the Bill, the Migration Amendment (Complementary Protection) Bill 2011 (Cth), in February 2011. While the Commission still has some concerns about the scope of protection proposed, the adoption of the Bill would be a positive first step in establishing a legislated complementary protection regime. The Commission hopes to see the Bill passed.