It is not a crime to enter Australia without authorisation for the purpose of seeking asylum. Asylum seekers do not break any Australian laws by arriving on boats or without authorisation. Article 31 of the Refugee Convention states that refugees should not be penalised. 1/6

What may be considered an illegal act under normal circumstances should not, according to the Convention, be considered illegal if a person is seeking asylum because it is not always safe or even possible to obtain travel documents or travel through authorised channels. 2/6

Refugees are, by definition, people fleeing persecution and in most cases are being persecuted by their own governments. It is often too dangerous to apply for a passport or exit visa or approach an Australian Embassy for a visa, as this could put their lives at risk. 3/6

Australia has very restrictive policies which work to prevent citizens of countries where persecution is widespread from getting access to temporary visas. These policies leave many people seeking to flee to Australia with no way of entering in an authorised manner. 4/6

Permitting asylum seekers to enter a country without travel documents is similar to allowing ambulance drivers to exceed the speed limit in an emergency – the action may ordinarily be illegal but, in order to protect lives at risk, an exception is made. 5/6

Asylum seekers that arrive in Australia without a valid visa, are classified as ‘unlawful non-citizens’. However, the term ‘unlawful’ does not mean they committed a crime. There is no law that criminalises arriving in Australia or seeking asylum without a valid visa. 6/6