We are indeed a long way apart on this one, James, and are no doubt destined to remain so. Still, for the benefit of other readers (or possibly because I never could resist a good argument) I'll ponder in a little more depth.
I have paid little or no attention to the situation vis-a-vis UN rules. I don't trouble to follow the news these days, as it just depresses me. In general though, I have no objection to our complying with UN rules - and I have little but scorn for those nations that think that international rules apply only to other countries. (As an aside, the USA is spectacularly good at saying "the rules are only for other countries, and don't apply to us". Pure humbug.)
But having said that, as I understand things, the UN rules are that no nation is obliged to take in non-refugees just because they want to decamp to someplace where the sun shines brighter or the standard of living is higher - and let us not forget, that is what this is primarily about: our standard of living. Now the standard of living of any nation is, in the final analysis, determined by two things and two things only: (a) the productive resources of the country, and (b) the number of people that must share these resources. (This is to ignore the extent to which a nation is able to leech off other nations, as the British and Soviet Russia used to do, and as the USA does to this day, or the extent to which a nation has its resources appropriated by other nations - which is what happens to the vast majority of third world countries, and also ignores the efficiency of the nation's productive processes. I may return to this last point later on if it seems useful.) Put simply, the more people you squeeze in to a country, the poorer everyone gets (and, generally speaking, the worse that country's human rights situation becomes). This is what immigration policy is all about: maintaining the nation's population at a sustainable level.
This is a simple matter of first things first: if we let in too many people (or breed them ourselves) then no-one can be wealthy or free. So the first task of any immigration policy is and must always be to regulate the total influx of people.
Now anyone with any moderate understanding of economics and anyone with any understanding of the Austrailan countryside at all is capable of discovering that we are already well beyond the long-term sustainable carrying capacity of the land. The instant you travel outside of Sydney/Melbourne/Brisbane/Perth and look at the real countryside - the countryside that maintains this nation - you are treated to (if you know what to look for) an almost never-ending series of disasters: consider the Mallee dustbowl, the massive loss of arable land to salination, the severe and ongoing water supply crisies that afflict almost every part of rural Australia and have recently become so bad that even the major capital cities are having problems. (Have you looked at your water rates bill lately? Compare it to the one your father got 20 or 30 years ago - after adjusting for inflation, it's about five times higher, and set to become a good deal worse.) Consider the death of our major river systems - when was the last time you met anyone who has ever so much as seen a Murray Cod? Consider the substantial drop in our standard of living this last 30 years. When I was a kid, it was commonplace for ordinary people - schoolteachers, plumbers, policemen - to own a holiday house by the beach. Now - forget it, you have to be Kerry Packer to afford it. Or just consider the incredible price of land. That alone should be sufficient to demonstrate that we have a very simple but severe problem: too many people.
Since the population boom in Australia began in 1788, we have destroyed two-thirds of our forests and lost one half of our topsoil.
Back when I was born, it was said that Australia rides on the sheep's back. By that, people meant that we generated the bulk of our foreign exchange from wool exports (actually from many other agricultural products as well, but wool will do as the example). And, on the back of our massive wool crop, we were one of the wealthiest countries on earth. Usually, we were in the top two or three. Now, we are nowhere near that level. And back then, remember, we had massively inefficient industries, and very little in the way of labour-saving machinery. Nor did we have North-West Shelf gas, Western Australian iron ore, Bass Strait oil, or Weipa aluminium. So here we are, with all the advantages of modern technolohy, a vastly more efficient industrial structure, a huge increase in our natural resource base (at least we have that for so long as it takes to dig it all up and ship it overseas) and yet we are somehow still poorer than we were 30 years ago. Why? Because we are sharing it out amongst twice as many people. Oh you can fiddle round the edges, but the bottom line is as simple as that: too many people.
And in the next few decades, things will get worse. Much worse. First, we are in the front line for global climate change: el ninya years, with all their massive impact on our agricultural productivity, are becoming the rule as much as the exception. Second, we are doing nothing of any significance to blunt the impact of the single greatest threat to our national wealth: salination. And third, we will soon run out of Bass Strait oil. The longer we take to face up to these issues, the worse the pain will be.
I am not talking about denying justice, James. You yourself said "one appeal and that is it". I gather that this bloke that is getting all the publicity at present has been going through one appeal after another for six years. And even if he hasn't, plenty of others have.
The man who is "afraid to go back to Afganistan in case the Taliban get him" is saying that himself. The Immigration Department are saying that he perjured himself and that he is actually from Pakistan, not Afganistan at all. Who knows which is true? We do know that he arrived here illegally, and we do know that a good many nations, Australia among them, have just gone to a good deal of effort to remove the Taliban from power in the country he claims to be afraid to go back to.
When you say "by and large the media does not look below the surface of a story", you are absolutely right.
An "illegal immigrant" is someone who arrives here without a visa (or who overstays). They may later become legal immigrants, subject to the appropriate processes, but if you get on a boat and do your best to infiltrate in secret, you are an illegal immigrant. The illegal immigrants we get here are not branded as such any more. They are now called "asylum seekers". In my view, this is prejudicial and morally reprehensible. An illegal immigrant is an illegal immigrant is an illegal immigrant.
If there is no such thing as a queue, then there most certainly ought to be, and it needs to be established as soon as possible. Saying that "80% of illegal arrivals are found to be genuine refugees" is completely meaningless. There are millions of genuine refugees in the world today. Offering asylum to those who happened to be wealthy enough to buy their way to Indonesia (or whichever other jumping off point) and pay the necessary bribes to the appropriate officials in the waystation countries and buy a passage on a people-smuggler's boat is a ludicrously unfair way to determine who is deserving enough to be chosen. It tells us that they were determined and resourceful, relatively wealthy, and prepared to be dishonest. No more, no less. It does not tell us that they are more needy than others (in fact it almost certainly tells us the reverse, else they could not have bribed and bought their way this far), nor does it show that they will make good citizens.
We need to be much more proactive with our regugee policy. We need to establish some fair way of determining who is the most needy, and (if we have any claim to morality as a nation) we need to focus our immigration policy on those people. If that means sending immigration people to Bosnia or to refugee camps on the borders of whichever state is war-torn right now, then so be it. It has to be cheaper than this crazy expenditure on detention centres and guards and (above all) lawyers, lawyers, lawyers. And a good deal fairer.
To the extent that we can take migrants at all - and this is limited but there is a certain amount of natural population outflow which can by all means be balanced by compassionate migration, to the tune of quite a few thousands of people a year - it seems to me that we are morally obliged to try so far as possible to take the most needy people first. I am not sure what the best way to determine who the most needy people are is, but it is most certainly not choosing those who manage to successfully buy their way onto an Indonesian smuggler's fishing boat.
To say that "80% of those that arrive here in an unauthorised manner are found to have sufficient cause to have done so and a legitimate reason to stay" tells us nothing. I should imagine that if you were to visit a refugee camp in, say, Bosnia or the Sudan, you could find something more like a 100% "legitimate refugee" rate. Who are the more deserving cases? On the face of things, it seems obvious that anyone with the resources to travel half-way around the world is less needy than many people who face a similar domestic situation and don't have those resources.