Human Rights and the National Interest: The Case Study of Asylum, Migration, and National Border Protection

Abstract

Since World War II, Australia has been the destination of hundreds of thousands of migrants from countries all over the world. Throughout this time, the government has engaged in different policies of border monitoring, protection, and enforcement. This Essay contends that the government should not waiver in its enforcement of its border, and it should continue to prevent the illegal entry of migrants into Australia. It, however, must do so fairly and compassionately in order to ensure that it protects the human rights of migrants. This argument is supported by the fact that the current international legal order doesn’t provide any further obligations on the state to migrants. Asylum seekers, however, have distinct legal rights from migrants, but distinguishing asylum seekers from migrants is not easy because no bright line exists. By examining the policies of the United States and the European Union while considering the religious discourse of refugees, this Essay concludes that Australia must reexamine its current approach to stopping the boats.