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Julia Gillard, PM Email c/o "R.McClelland.MP@aph.gov.au" <R.McClelland.MP@aph.gov.au>

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18-9-2011

Ref: 110918 Julia Gillard Refugees and the constitution Julia, 10 as a CO STITUTIO ALIST I did write to you recently again that the Commonwealth should place the matter of refugees in the hands of the minister to avoid the High Court of Australia to interfere as it would then be a political decision to which the High Court of Australia would have no jurisdiction. I understand that there are those who are claiming the provisions of the Human Rights Declaration, etc, but while I do not seek to ignore Human Rights provisions we must at all times first and foremost consider what is appropriate within our constitutional framework and the Framers of the Constitution themselves held that the Privy Council Ah Toy case gave the undisputed right to any nation to refuse entry to an alien. The fact that there is now a United Nations Declaration cannot overrule constitutional principles. It should be understood that if the High Court of Australia were to attempt to use its judgments as to interfere with the legislative powers of the Commonwealth and interfere with the political decisions of the Commonwealth then it would place at risk its own integrity. The High Court of Australia is a judicial entity and should show respect to any political decision a government may make, as it is none of its business to interfere with political decisions. What can however be done is, so to say, satisfy Tony Abbott with limiting the removal of aliens from the Commonwealth of Australia to countries that will generally be accepting the terms of the United Nations Declaration, albeit there is a danger in this as it means that for example a criminal with a record of murder, etc, could not be deported back to a country of origin if it were not accepting the terms of the Human Rights Declaration and then it would so to say be a free for all for criminals to remain in the Commonwealth of Australia. For this again, I refer to my previous correspondence as to place all aliens that are undesirable in UN camps and let the UN then take care of them! This would then satisfy Tony Abbott (Leader of the Opposition) and at the same time ensures that any aliens undesirable will easily be deported to the UN camp. It means that the deportation or transfer to a UN camp will be in humanitarian processes and will deter people smuggling and stop the boats. Do try to ensure that you follow the right way that is constitutionally permissible while observing as much as possible human rights issues and also protect Australians national interest. If you both accept to implement the kind of system I proposed then we all will be better of and those who are lingering for many years in refugee camps will no longer suffer to having to wait longer and longer because of so called que jumpers. As such lets make it a win-win situation where everyone will benefit. You are welcome to call on me to seek to implement the system I proposed previously.
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Awaiting your response,

G. H. Schorel-Hlavka (Gerrit)

18-9-2011 Page 1 Julia Gillard Refugees and the constitution PLEASE OTE: Until our website Http://www.office-of-the-guardian.com has been set up to operate the website Http://www.schorel-hlavka.com will be the alternative website for contact details. help@office-of-the-guardian.com Free downloads regarding constitutional issues at http://www.scribd.com/InspectorRiakti