Australian migration zone

The excised territories included Ashmore, Cartier, Christmas and Cocos Islands, which lie in the Indian Ocean between Indonesia and Australia.

[8] After these territories were excised, increasing numbers of asylum seekers attempted to reach the Australian mainland by-passing those islands.

This was not accepted by the Howard government, which contended that international law obliged Australia to provide temporary protection only and not necessarily permanent settlement.

The Acts also included the powers to move unauthorised arrivals to another country where their claim for protection could be considered.

In subsequent years, the government excised other islands, sometimes attempting to do so retroactively, after asylum seekers had already landed.

The practice of diverting boat-borne arrivals to Christmas Island remained, effectively disallowing judicial review.

Various constitution authorities have voiced the opinion that excising territory from the migration zone does not affect Australia's sovereignty.