79. 工作组注意到，来自澳大利亚提请其注意的有关《移民法》执行情况的案件越来越多。工作组感到关切的是，在所有这些案件中，政府辩称拘留是合法的，因为符合该法的规定。工作组指出，这种论点在国际法中永远不能被视为合法。一个国家遵循其国内立法这一事实本身，并不意味着该立法符合该国根据国际法承担的义务。换句话说，任何国家都不能以其国内法律和条例为借口，合法地逃避国际法规定的义务。
79. The Working Group notes the rising number of cases emanating from Australia concerning the implementation of the Migration Act that are being brought to its attention. The Working Group is concerned that in all these cases the Government has argued that the detention is lawful because it follows the stipulations of the Act. The Working Group outlines that such an argument can never be accepted as legitimate in international law. The fact that a State is following its own domestic legislation does not in itself mean that the legislation conforms with the obligations that the State has undertaken under international law. In other words, no State can legitimately avoid its obligations arising from international law by hiding behind its domestic laws and regulations.