re: myriam...thank you!!the legality of
Yak, Very well put. As far as I understand, in most cases the detention time is long because of either: 1/ As you say their bona-fides cannot be established ( often due the the actions of the detainees themselves who have destroyed all of their documents to ensure that their true identities/nationalities cannot be determined in a reasonable time. This was often the advice given to them by the criminal gangsters who they had paid to illegally smuggle them into Australia as the gangsters thought this would be a good way to get around our immigration laws. Fortunately the government has not fallen for this nonsens in most cases.)
2/ They have received an unfavourable decision from the government processing and have decided to appeal, or been convinced by one of these lawyers/activists that they have a chance of reversing the decision if they appeal Since this appeal process with subsequent re-appeals can drag on for quite some time through the courts clogged with such appeals, the detention is extended but by the decision of the detainee. The detainee themselves have decided to stay in detention rather than return to their home countries knowing full well they are forcing their families and children to stay in detention and knowing the conditions of detention.
Of course these endless lawyer-driven appeals are likely to further delay the processing of the remaining detainees who themselves involve in the merrygo round of endless government funded appeals hoping to eventually find a judge, court, argument etc that will give them enough leverage to get a favourable decision.
Your rather sensible suggestion of: By all means....go ahead and sue the rioters, protesters and the mouth-sew-upperers
...the Govt didnt have any hands in that! is of course completely correct.
But unfortunately the lawyers and their clients are after the honey-pot they see in the government coffers rather than to actually seek redresss from those responsible for whatever problem this child claims to have.
