ABSTRACT
This chapter deals with the arrival of the MV Tampa and substantive changes in Australian law relating to asylum seekers arriving by boat (‘boat people’), including the enactment of retrospective laws to validate the Government’s actions in relation to the Tampa. It deals with the ‘children overboard’ affair and the wider impact of migration issues on the Australian legal and political system, leading to what may be seen as distortions or corruptions of Australian public affairs. The arrival of the MV Tampa at Christmas Island in August 2001 triggered dramatic changes to Australia’s attitudes to asylum seekers. In particular, the impasse between Australia and Norway over responsibility for the rescued passengers exposed a serious deficiency in international maritime law. The Government’s new objective was to prevent asylum seekers from landing and to prevent them from accessing Australia’s statutory refugee determination procedures.
