Journal articles: 'Asylum, Right of – Australia'

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Jupp, James. "Refugees and Asylum Seekers as Victims: The Australian Case." International Review of Victimology 10, no. 2 (September 2003): 157–75. http://dx.doi.org/10.1177/026975800301000204.

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Australia has had two centuries of state planned and controlled immigration, with official policies excluding those felt undesirable for racial, social or economic reasons, Visa controls have been tightened in recent years even against the previously welcomed British. Australia has also accepted refugees for permanent settlement under the 1951 UN Convention. Since the 1990s this approach has been steadily modified, making it increasingly difficult to achieve settlement as an asylum seeker. Detention in prison-like camps, limitation of the right to permanent residence, and policies designed to expedite homeland return have all led to victimisation of the relatively small numbers seeking asylum outside the universal visa system. This has been accompanied by forcible removal to locations outside Australian territory and attempts to limit rights of appeal. Official demonisation of asylum seekers has damaged public acceptance of refugees, while draconian policies towards them have undermined Australia’s previous reputation as a safe haven.

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Taylor, Savitri, and Klaus Neumann. "Australia and the Abortive Convention on Territorial Asylum: A Case Study of a Cul de Sac in International Refugee and Human Rights Law." International Journal of Refugee Law 32, no. 1 (March 2020): 86–112. http://dx.doi.org/10.1093/ijrl/eeaa006.

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Abstract Focusing on the period from the adoption of the 1967 Declaration on Territorial Asylum to the 1977 Conference of Plenipotentiaries on Territorial Asylum in Geneva, this article examines attempts to arrive at an international treaty on territorial asylum. Charting the trajectory of the drafting process, it shows how the ambition of international lawyers and UNHCR to go beyond article 14 of the Universal Declaration of Human Rights and the 1967 Declaration was eventually thwarted. Australia played a significant role at the 1977 conference and particular attention is paid to the development of its position. The article argues that the discussions over the proposed convention on territorial asylum were symptomatic of States’ unwillingness to countenance a right to asylum, and their concomitant willingness to extend the principle of non-refoulement.

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Mathew, Penelope. "Sovereignty and the Right to Seek Asylum: The Case of Cambodian Asylum-Seekers in Australia." Australian Year Book of International Law Online 15, no. 1 (1994): 35–101. http://dx.doi.org/10.1163/26660229-015-01-900000003.

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Goh, Hench, James Leong, Adam Haris Othman, Yee Ching Kho, and Chung Yin Wong. "A Proposal for Malaysia’s Asylum Act." Asian Journal of Law and Policy 1, no. 1 (July 28, 2021): 63–81. http://dx.doi.org/10.33093/ajlp.2021.4.

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Asylum is granted to people in search for international protection from persecution or serious harm in their own country. The right to asylum for refugees in Malaysia is far from realization and in dire need of a practical solution. Due to the lack of a proper enactment of Asylum Act, asylum seekers are to deal with denial of basic rights. Asylum seekers are also denied of education and healthcare due to high cost since these are not provided by the government. This article discusses the need for a proper enactment of Asylum Act in Malaysia in relation to the rising numbers of asylum seekers and refugees in the country. In this research, a comparative analysis between Malaysia’s existing laws dealing with asylum and the law of Australia, United Kingdom, Indonesia, and European Union was carried out. It was found that these countries have developed their legal framework for asylum considerably and could legally accommodate the influx of refugees into their respective countries, in contrast to Malaysia’s increasingly poor management of the refugees and asylum-seekers. The study suggests the possibility for the adoption of recommended legal principles from those countries into the proposed Malaysian Asylum Act.

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Campbell, Emma Jean, and Emily Jean Steel. "Mental distress and human rights of asylum seekers." Journal of Public Mental Health 14, no. 2 (June 15, 2015): 43–55. http://dx.doi.org/10.1108/jpmh-06-2013-0040.

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Purpose – This paper studies the experiences of asylum seekers in Australia. The purpose of this paper is to explore the relationship between mental wellbeing, living conditions, and Australia’s detention policies in light of human rights. Design/methodology/approach – Using grounded theory, data were collected via observations, semi-structured interviews, key-informant interviews, and document analysis. Participants included seven asylum seekers and three professionals working with them. Findings – In light of a human rights framework, this paper reports on the mental distress suffered by asylum seekers in detention, the environments of constraint in which they live, and aspects of detention centre policy that contribute to these environments. The findings highlight a discrepancy between asylum seekers’ experiences under immigration detention policy and Australia’s human rights obligations. Research limitations/implications – This research indicates human rights violations for asylum seekers in detention in Australia. This research project involved a small number of participants and recommends systemic review of the policy and practices that affect asylum seekers’ mental health including larger numbers of participants. Consideration is made of alternatives to detention as well as improving detention centre conditions. The World Health Organization’s Quality Rights Tool Kit might provide the basis for a framework to review Australia’s immigration detention system with particular focus on the poor mental wellbeing of asylum seekers in detention. Originality/value – This study links international human rights law and Australian immigration detention policies and practices with daily life experiences of suffering mental distress within environments of constraint and isolation. It identifies asylum seekers as a vulnerable population with respect to human rights and mental wellbeing. Of particular value is the inclusion of asylum seekers themselves in interviews.

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Garnsey, Eliza. "The Right(s) to Remain: Art, Asylum and Political Representation in Australia." Pólemos 16, no. 2 (August 8, 2022): 205–27. http://dx.doi.org/10.1515/pol-2022-2014.

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Abstract Thinking about artistic representation as a form of political representation enables a better understanding of what can be seen and said, who has the ability to see it and say it, and how it is possible to know and do politics in different ways. In the case of Australia’s immigration system, this understanding is critical. Australia’s treatment of people seeking asylum and refugees is widely criticised by the international community as violating international human rights and humanitarian laws and norms. The legal and bureaucratic frameworks surrounding refugees in Australia not only render their stories largely invisible but continue to perpetrate harm and suffering which goes unaddressed. In the absence of state protection, artistic representation becomes an important intervention into the practices and narratives surrounding Australia’s treatment of people seeking asylum and refugees. In this article, I explore Hoda Afshar’s video and photographic artwork Remain (2018) which documents the experiences and struggles of a group of stateless men who were left to languish on Manus Island, Papua New Guinea, in the aftermath of the Australian government closing its Manus Regional Processing Centre. Remain is one of the only available avenues open to the men to share their stories and to communicate the harm caused by national policy and practices. I argue that the artistic representation of Remain becomes a crucial form of political representation in this aftermath; political representation which would not otherwise be possible.

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Crock, Mary. "SHADOW PLAYS, SHIFTING SANDS AND INTERNATIONAL REFUGEE LAW: CONVERGENCES IN THE ASIA-PACIFIC." International and Comparative Law Quarterly 63, no. 2 (March 6, 2014): 247–80. http://dx.doi.org/10.1017/s0020589314000050.

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AbstractWhile many Australians continue to see their roots in Western Europe, in matters concerning human rights and immigration control, Australia's culture and attitudes over time have become more closely aligned with those of States in its immediate geographical region. The trend finds obvious expression in the convergence of laws and policies governing the treatment of asylum seekers. This article uses as a case study various efforts made to establish regional frameworks for the management of irregular (forced) migration. The author argues that Australia's reversion to deflection and offshore processing as deterrent measures resonates with the discourse in two States that have been closely associated with the new ‘arrangements’: Malaysia and Indonesia. Australia's policies make express reference to laws and State behaviour in the region through what has been labelled the ‘no advantage’ principle governing Australia's treatment of asylum seekers presenting as unauthorized maritime arrivals (UMAs). The central idea is that these asylum seekers should gain no material advantage by reaching Australia in comparison with the situation they would face if their claims were processed in States of first refuge. If the comparators are the refugee-receiving States around Australia, the policy has to play out in the degradation of terms and conditions faced by UMAs in Australia. In the area of human rights and refugee policy, the author argues that Australia should be doing more to distinguish itself as a leader rather than follow the (generally poor) practices of its neighbours.

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Phillips, Louise Gwenneth, and Catherine Montes. "Walking Borders: Explorations of Aesthetics in Ephemeral Arts Activism for Asylum Seeker Rights." Space and Culture 21, no. 2 (September 11, 2017): 92–107. http://dx.doi.org/10.1177/1206331217729509.

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Australia’s Operation Sovereign Borders vehemently enforces closed borders to asylum seekers arriving by boat to Australia. Policed urban borders were enforced in Brisbane, Australia, during the G20 Summit in 2014, to protect visiting dignitaries from potential violent protest. The ephemeral arts intervention Walking Borders: Arts activism for refugee and asylum seeker rights symbolically confronted border politics by peacefully protesting against Australian immigration policy. Rather than focusing on the direct effects of the ephemeral arts intervention, this article attends to the affective workings of the aesthetic elements of the project through sensory ethnography and storying. Informed by Ranciere’s aesthetics of politics, this article explores the affective experience and potential educative gains of the ethical turn attended to in participatory arts such as ephemeral arts interventions.

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Gifford, Sandy. "Human Rights Overboard: Seeking asylum in Australia." Australian Social Work 63, no. 2 (May 27, 2010): 238–39. http://dx.doi.org/10.1080/03124071003794092.

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Silove, Derrick, and Sarah Mares. "The mental health of asylum seekers in Australia and the role of psychiatrists." BJPsych International 15, no. 3 (July 17, 2018): 65–68. http://dx.doi.org/10.1192/bji.2018.11.

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There are more displaced people around the world than ever before, and over half are children. Australia and other wealthy nations have implemented increasingly harsh policies, justified as ‘humane deterrence’, and aimed at preventing asylum seekers (persons without preestablished resettlement visas) from entering their borders and gaining protection. Australian psychiatrists and other health professionals have documented the impact of these harsh policies since their inception. Their experience in identifying and challenging the effects of these policies on the mental health of asylum seekers may prove instructive to others facing similar issues. In outlining the Australian experience, we draw selectively on personal experience, research, witness account issues, reports by human rights organisations, clinical observations and commentaries. Australia’s harsh response to asylum seekers, including indefinite mandatory detention and denial of permanent protection for those found to be refugees, starkly demonstrates the ineluctable intersection of mental health, human rights, ethics and social policy, a complexity that the profession is uniquely positioned to understand and hence reflect back to government and the wider society.

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Briskman, Linda. "The People’s Inquiry into Detention: Social work activism for asylum seeker rights." Journal of Sociology 56, no. 1 (November 15, 2019): 100–114. http://dx.doi.org/10.1177/1440783319882540.

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In 2008, findings from the People’s Inquiry into Detention were published as Human Rights Overboard: Seeking Asylum in Australia. The People’s Inquiry, led by social work academics in Australia, exposed injustices within Australia’s privatised detention network for asylum seekers and interrogated policies and practices that ensued since mandatory immigration detention was introduced by legislation in 1992. With reference to the global context, the article presents a snapshot of policies and practices revealed by the People’s Inquiry that were considered antithetical to human rights and discusses this extensive undertaking within a broader context of asylum seeker social movements and professional advocacy endeavours that continue as harsh policies escalate. The article speaks to the resilience of the asylum seeker movement, often against the odds, a movement that includes responsive and tenacious professional groups.

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Bennett, India. "Political Barriers to Reform: Analysing Australia’s Legitimation of Its Guardianship Framework." Journal of Refugee Studies 35, no. 1 (December 30, 2021): 615–40. http://dx.doi.org/10.1093/jrs/feab108.

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Abstract The guardianship of unaccompanied asylum-seeker children is a contentious aspect of Australian asylum-seeker law and policy. The current legislative framework for guardianship is curtailed by migration legislation and policy and is ineffective for realizing the rights of these children under international law. This paper contributes to existing scholarship on guardianship by critically examining political discourse on child asylum seekers. It combines the discourse-historical approach with doctrinal analysis to uncover the historical and political context and outcomes of the legislation. Critical discourse analysis examines statements made by politicians from both major Australian political parties and the parliamentary report rejecting the most recent attempt at reform. This paper reveals that, to reject reform and justify maintaining the status quo, the government has rationalized the detention of child asylum-seekers as essential to the success of deterrence measures, and moralized these measures by framing them as necessary to protect the lives of those attempting to reach Australia by boat.

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Newman, Louise K. "Seeking asylum: health and human rights in Australia." Medical Journal of Australia 197, no. 11-12 (December 2012): 596–97. http://dx.doi.org/10.5694/mja12.11515.

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Francis, Joshua R., Sarah Cherian, and David Forbes. "Seeking asylum: health and human rights in Australia." Medical Journal of Australia 199, no. 2 (July 2013): 99–100. http://dx.doi.org/10.5694/mja13.10030.

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Johnston, Vanessa. "Australian asylum policies: have they violated the right to health of asylum seekers?" Australian and New Zealand Journal of Public Health 33, no. 1 (February 2009): 40–46. http://dx.doi.org/10.1111/j.1753-6405.2009.00336.x.

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Alunaza, Hardi, Ireng Maulana, and Adityo Darmawan Sudagung. "The Pacific Solution as Australia Policy towards Asylum Seeker and Irregular Maritime Arrivals (IMAs) in John Howard Era." Jurnal Ilmiah Hubungan Internasional 14, no. 1 (May 9, 2018): 61. http://dx.doi.org/10.26593/jihi.v14i1.2789.61-75.

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<p>This research is attempted to answer the question of why John Howard used the Pacific Solution as Australian policy towards Asylum Seekers and Irregular Maritime Arrivals (IMAS). By using the descriptive method with a qualitative approach, the researchers took a specific interest in decision-making theory and sovereignty concept to analyze the phenomena. The policy governing the authority of the Australian Government in the face of the Asylum Seeker by applying multiple strategies to suppress and deter IMAs. The results of this research indicate that John Howard used Pacific Solution with emphasis on three important aspects. First, eliminating migration zone in Australia. Second, building cooperation with third countries in the South Pacific, namely Nauru and Papua New Guinea in shaping the center of IMAs defense. On the other hand, Howard also made some amendments to the Migration Act by reducing the rights of refugees. Immigrants who are seen as a factor of progress and development of the State Australia turned into a new dimension that threatens economic development, security, and socio-cultural. </p>

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Bakker, Felix Ferdin. "Establish ASEAN-AUSTRALIA Communication In Resolving Humanitarian Issues For International Asylum Seekers and Refugees." Veteran Law Review 4, no. 1 (April 16, 2021): 53. http://dx.doi.org/10.35586/velrev.v4i1.2630.

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The current problem of refugees cannot be handled with policies that address the root of the problem. The increasing number of refugees in the Southeast Asian region makes transit countries overwhelmed in dealing with this problem. On the other hand, as a refugee recipient country in the last ten years, Australia has had a strict policy in accepting refugees. Australia's approach to return refugee ships to a transit country is a controversial policy because Australia itself is a country that signed the 1951 convention on refugee status. On the other hand, the existence of refugees and asylum seekers has a significant impact on the local community's social changes, and the current refugee policy arrangement is still in the hands of UNHCR ( United Nations High Commissioner for Refugees) under the auspices of the United Nations. There has been no concrete communication to touch the root of the problem of refugees and asylum seekers. Through an enthusiastic approach and communication with community-based management between ASEAN countries and Australia, it is hoped that it can resolve human rights issues related to supervision to empower refugees in society to become citizens of a third country, in this case, Australia.

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McAdam, Jane, and Fiona Chong. "Complementary Protection in Australia two Years on: An Emerging Human Rights Jurisprudence." Federal Law Review 42, no. 3 (September 2014): 441–83. http://dx.doi.org/10.22145/flr.42.3.2.

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Since 24 March 2012, asylum seekers whose claims are processed in Australia have been able to claim protection on broader grounds than those contained in the Refugee Convention. This is known as ‘complementary protection’. Complementary protection provides protection to those who face a real risk of arbitrary deprivation of life, the death penalty, torture, or cruel, inhuman or degrading treatment or punishment if removed from Australia. This article provides an in-depth analysis of complementary protection in its first two years of operation in Australia. It examines: (a) the kinds of factual scenarios giving rise to complementary protection; (b) case law developments in relation to the content of, and exceptions to, the complementary protection criteria; and (c) the extent to which Australia's approach reflects international practice.

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d'Orsi, Cristiano. "Ghana and the Paradoxical Situation of Its Asylum-Seekers: Selected Grounds for Alleged Persecution in a Supposed Democratic Country." African Journal of International and Comparative Law 26, no. 2 (May 2018): 181–204. http://dx.doi.org/10.3366/ajicl.2018.0227.

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This study investigates the paradoxical situation of the relatively high number of Ghanaian nationals applying for asylum in various countries, whereas Ghana is widely recognised as having a positive record on the protection of human rights. This study analyses the requests for asylum submitted by 30 Ghanaian nationals (10 women and 20 men: generally men outnumber women in asylum applications) to seven countries (Australia, Canada, France, Ireland, New Zealand, the UK and the US) over the last 25 years.

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Taylor, Luke. "Designated Inhospitality: The Treatment of Asylum Seekers Who Arrive by Boat in Canada and Australia." McGill Law Journal 60, no. 2 (March 23, 2015): 333–79. http://dx.doi.org/10.7202/1029211ar.

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This paper argues that there are distinct parallels between changes to the Immigration and Refugee Protection Act enacted by Bill C-31 (2012), in particular the Designated Foreign National regime (DFN), and Australia’s treatment of asylum seekers who arrive by boat. It is contended that recent Australian history and policy demonstrate the perils of adopting an ideology of control and exclusion toward asylum seekers instead of a politics of hospitality, and that Australia’s present political climate provides a stark and salutary warning to Canada, as it follows a similar path of securitization. The paper first explains what is meant by a politics of hospitality. In Part I, it analyzes Australia’s attitude toward, and its treatment of, asylum seekers, focusing in particular on the period since 1989. It is argued that Australia’s inhospitable stance toward asylum seekers has had discernible negative outcomes that provide important lessons for Canada. Part II provides a brief historical overview of Canadian policy toward asylum seekers, followed by an analysis of the DFN regime with reference to international law. It then argues that the DFN provisions contravene the Canadian Charter of Rights and Freedoms. The paper concludes by suggesting that Canada is at risk of following Australia’s security-oriented, inhospitable stance toward asylum seekers.

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Bashford, Alison, and Jane McAdam. "The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law." Law and History Review 32, no. 2 (May 2014): 309–50. http://dx.doi.org/10.1017/s0738248014000029.

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From the 1880s, states and self-governing colonies in North and South America, across Australasia, and in southern Africa began introducing laws to regulate the entry of newly defined “undesirable immigrants.” This was a trend that intensified exclusionary powers originally passed in the 1850s to regulate Chinese migration, initially in the context of the gold rushes in California and the self-governing colony of Victoria in Australia. The entry and movement of other populations also began to be regulated toward the end of the century, in particular the increasing number of certain Europeans migrating to the United States. It is perhaps unsurprising, then, that Britain followed this legal trend with the introduction of the 1905 Aliens Act, although it was a latecomer when situated in the global context, and certainly within the context of its own Empire. The Aliens Act was passed in response to the persecution of Eastern European Jews and their forced migration, mainly from the Russian Empire into Britain. It defined for the first time in British law the notion of the “undesirable immigrant,” criteria to exclude would-be immigrants, and exemptions from those exclusions. The Aliens Act has been analyzed by historians and legal scholars as an aspect of the history of British immigration law on the one hand, and of British Jewry and British anti-Semitism on the other. Exclusion based on ethnic and religious grounds has dominated both analyses. Thus, the Act has been framed as the major antecedent to Britain's more substantial and enduring legislative moves in the 1960s to restrict entry, regulate borders, and nominate and identify “undesirable” entrants effectively (if not explicitly) on racial grounds.

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GELBER, KATHARINE, and MATT MCDONALD. "Ethics and exclusion: representations of sovereignty in Australia’s approach to asylum-seekers." Review of International Studies 32, no. 2 (April 2006): 269–89. http://dx.doi.org/10.1017/s0260210506007029.

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From 2001, the Australian government has justified a hard-line approach to asylum-seekers on the basis of the need to preserve its sovereignty. This article critically evaluates this justification, arguing that the conception of sovereignty as the ‘right to exclude’ involves a denial of responsibility to the most vulnerable in global politics. We particularly focus here on the ways in which the Australian government has attempted to create support for this conception of sovereignty and ethical responsibility at the domestic level, through marginalising alternative voices and emphasising the ‘otherness’ of asylum-seekers and refugees. We conclude by suggesting what this might mean for the treatment of asylum-seekers in global politics and for statist approaches to global ethics.

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Mares, Sarah, Kym Jenkins, Susan Lutton, and Louise Newman AM. "Impact of Covid-19 on the mental health needs of asylum seekers in Australia." Australasian Psychiatry 29, no. 4 (April 5, 2021): 417–19. http://dx.doi.org/10.1177/10398562211005445.

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Objective: This paper highlights the significant mental health vulnerabilities of people who have sought asylum in Australia and their additional adversities as a result of the Covid-19 pandemic. Conclusions: Australia’s policies in relation to asylum seekers result in multiple human rights violations and add significantly to mental health vulnerabilities. Despite a majority being identified as refugees, people spend years in personal and administrative limbo and are denied resettlement in Australia. Social isolation and other restrictions associated with Covid-19 and recent reductions in welfare and housing support compound their difficulties. The clinical challenges in working with people impacted by these circumstances and the role of psychiatrists and the RANZCP in advocacy are identified.

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Paudel, Niket. "The Structural Inequalities, Anti-Oppressive and Anti-Discriminatory Approaches Associated with the Marginalization of Asylum Seekers in Australian Historical Context: An Overview." Asian Social Work Journal 5, no. 4 (December 14, 2020): 6–12. http://dx.doi.org/10.47405/aswj.v5i4.154.

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Asylum seekers still endure a lot of oppression and alienation, with many erroneous assumptions about them circulating not only in Australia but throughout the world. Asylum seekers are deemed illegal due to the lack of their legitimate visas and are overlooked. The anti-oppressive theory seeks to oppose the underlying institutional and structural challenges in society and power to maintain power balance among minorities. The approach is focused on social justice. Social justice is attained by improving not only the quality of life but also the wellbeing of micro, macro, and mezzo levels with this approach. The fundamental value of diversity is also maintained. The abuse of power among the members of the society with regards to asylum seekers strengthens the notion of oppression; hence the approach strives for the power redistribution by not only defying the structures but also by advocating for the rights of the oppressed. The oppression can arise because of the traditional functioning ways of the systems or individuals’ bigotry. Asylum seekers in Australia are marginalized by the structure through their stern policies and by individual’s bigotry through their hate and sense of threat.

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Dechent, Susanna, Sharmin Tania, and Jackie Mapulanga-Hulston. "Asylum Seeker Children in Nauru: Australia’s International Human Rights Obligations and Operational Realities." International Journal of Refugee Law 31, no. 1 (March 2019): 83–131. http://dx.doi.org/10.1093/ijrl/eez021.

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Abstract This article examines if Australia’s policy and law regarding asylum seeker and refugee children in Nauru are consistent with its international legal obligations under the terms of the Convention on the Rights of the Child (CRC). Under article 3 of the CRC, Australia is required to consider the best interests of each child within its jurisdiction. It is also bound by the CRC prohibition on arbitrary detention and obligations derived from Convention rights relating to health, education, and family matters. To assess Australia’s law and policy, the article draws on the findings of recent inquiries and reports that examine how detention and conditions at the processing centre and in the community in Nauru have impacted on the mental and physical well-being of children. The article highlights gaps in the implementation of Convention rights and draws together the findings and recommendations made in recent reports to assist in the development of suitable solutions. It concludes that Australia’s treatment of asylum seeker and refugee children violates key obligations under the CRC and that, accordingly, Australia should remove these children from Nauru and settle them in Australia.

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Zion, D., L. Briskman, and B. Loff. "Nursing in asylum seeker detention in Australia: care, rights and witnessing." Journal of Medical Ethics 35, no. 9 (August 28, 2009): 546–51. http://dx.doi.org/10.1136/jme.2009.029827.

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Kanstroom, Daniel. "The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions." Journal on Migration and Human Security 5, no. 3 (September 2017): 614–44. http://dx.doi.org/10.1177/233150241700500304.

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This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article's main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article's basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States' radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state's obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission's Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future. “Those guarantees of liberty and livelihood are the essence of the freedom which this country from the beginning has offered the people of all lands. If those rights, great as they are, have constitutional protection, I think the more important one — the right to remain here — has a like dignity.” Supreme Court Justice William O. Douglas, 19522 “We need a national effort to return those who have been rejected … and we are working on that at the moment with great vigor.” Angela Merkel, October 15, 20163

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Hartley, Lisa K., and Anne Pedersen. "Asylum Seekers and Resettled Refugees in Australia: Predicting Social Policy Attitude From Prejudice Versus Emotion." Journal of Social and Political Psychology 3, no. 1 (July 10, 2015): 179–97. http://dx.doi.org/10.5964/jspp.v3i1.476.

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While most of the world's refugees reside in developing countries, their arrival to western countries is highly politicised, giving rise to questions about the types of entitlements and rights that should, or should not, be granted. In this study, using a mixed-methods community questionnaire (N = 185), we examined attitudes towards social policies aimed at providing assistance to two categories of new arrivals to Australia: resettled refugees (who arrive via its official refugee resettlement program) and asylum seekers (who arrive via boat and then seek refugee status). Social policy attitude was examined as a consequence of feelings of anger, fear, and threat, as well as levels of prejudice. Participants felt significantly higher levels of anger, fear, threat, and prejudice towards asylum seekers compared to resettled refugees. For both resettled refugees and asylum seekers, prejudice was an independent predictor of more restrictive social policy attitudes. For resettled refugees, fear and perceived threat were independent predictors for more restrictive social policy whereas for asylum seekers anger was an independent predictor of restrictive social policy. The qualitative data reinforced the quantitative findings and extended understanding on the appraisals that underpin negative attitudes and emotional responses. Practical implications relating to challenging community attitudes are discussed.

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Hanieh, Sarah, Norbert Ryan, and Beverley-Ann Biggs. "Assessing enteric helminths in refugees, asylum seekers and new migrants." Microbiology Australia 37, no. 1 (2016): 15. http://dx.doi.org/10.1071/ma16006.

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Currently there are 59.5million people forcibly displaced worldwide as a result of conflict, human rights violations, generalised violence or persecution. Of these, 19.5million are refugees and 1.8million are asylum seekers. Each year Australia accepts 13750 refugees through the offshore Humanitarian program, and in 2016 that number will almost double with the addition of 12000 refugees from Syria and Iraq. Many refugees have complex medical needs and have reached Australia after a difficult journey, often involving time in refugee camps and exposure to traumatic events including physical hardship and illness. Refugees often come from parts of the world where parasitic and tropical infectious diseases are prevalent and untreated. This article provides a review of enteric helminth infections in refugees, including asylum seekers and those from a refugee-like background.

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Melatyugra, Ninon. "REFUGEE DETENTION CENTRE: HUMANITY VS NATIONAL SECURITY." Refleksi Hukum: Jurnal Ilmu Hukum 8, no. 2 (October 8, 2014): 207–20. http://dx.doi.org/10.24246/jrh.2014.v8.i2.p207-220.

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AbstrakHukum internasional mengakui refugee sebagai suatu entitas yang memiliki kepentingan kemanusiaan selama mencari perlindungan di luar negaranya dari penyiksaan yang terjadi di negaranya. Sebagai konsekwensi, setiap negara mempunyai kewajiban erga omnes untuk memberi perlindungan terhadap para refugee di negara tersebut. Sayangnya dalam praktik, terdapat ketidakseimbangan antara kepentingan manusiawi dan kepentingan keamanan nasional. Artikel ini menunjukkan ketidakseimbangan kedua posisi dengan mengambil fokus pada Detention Centre di Australia, sebuah negara yang telah meratifikasi the 1951 Convention relating to the Status of Refugees. Penahanan administrasi dan ketidaktransparanan penilaian keamanan yang dilakukan oleh ASIO merupakan dua faktor utama berlatarbelakang keamanan nasional yang telah melemahkan posisi kepentingan kemanusiaan. Artikel ini juga menawarkan dua solusi untuk mengatasi masalah; pertama, batasan penahanan administratif harus dilakukan untuk menjamin hak hukum para refugee selama proses pengajuan visa; kedua, transparansi penilaian keamanan untuk menciptakan check-and-balance antara pemerintah Australia dan refugee dalammenentukan status visa para refugee. AbstractInternational law recognizes refugee as an entity who possesses humanity interest while seeking for asylum outside his/her country from persecution in his/her country. As a consequence, each state has an erga omnes obligation to give asylum to refugees in its country. Unfortunately in practice, there is a lack of balance between humanity interest and national security interest. This article shows the imbalance of both position by taking focus on Detention Centre in Australia, a country that has ratified the 1951 Convention relating to the Status of Refugees. Administrative detention and intransparency of security assessment exercised by ASIO are two main factors with the national security background that have weakened the position of humanity interest. This article also proposes two solutions to tackle the problems; first, limitation of administrative detention must be undertaken to guarantee refugees legal right during the visa application process; second, transparency of security assessment in order to create check-and-balance position between Australian Government and refugee in determining refugees visa status.

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Frelick, Bill, Ian M. Kysel, and Jennifer Podkul. "The Impact of Externalization of Migration Controls on the Rights of Asylum Seekers and Other Migrants." Journal on Migration and Human Security 4, no. 4 (December 2016): 190–220. http://dx.doi.org/10.1177/233150241600400402.

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Wars, conflict, and persecution have forced more people to flee their homes and seek refuge and safety elsewhere than at any time since the end of World War II. As displaced people and other migrants increasingly move out of the conflict-ridden and less developed regions of their displacement and into relatively rich and stable regions of the world, the countries of destination are increasingly working to contain and even stem the migration flow before it reaches their shores. Perversely, countries that have developed generally rights-sensitive standards and procedures for assessing protection claims of asylum seekers within their jurisdictions have simultaneously established barriers that prevent migrants, including asylum seekers, from setting foot on their territories or otherwise triggering protection obligations. Consequently, those who would otherwise have been able to avail themselves of asylum procedures, social support, and decent reception conditions are often relegated to countries of first arrival or transit that have comparatively less capacity to ensure protection of human rights in accordance with international standards. This paper seeks to develop a working definition of the externalization of migration controls and how such externalization of the border implicates the human rights of migrants, and asylum seekers in particular. Although the majority of those migrants seeking legal protections stay in countries neighboring their own, hundreds of thousands continue their journeys in search of protection and stability in more distant states, including in the European Union, the United States, and Australia. In response to the significant increase in asylum seekers arriving at their borders, all three entities have significantly increased deterrence measures with the hopes of keeping new arrivals from entering. This paper will thus highlight a number of the most troubling externalization strategies used by the European Union, the United States, and Australia. Finally, because rights-threatening externalization law, policies, and practices implicate the international legal responsibility of the destination states pursuing them, the paper will conclude by presenting recommendations that could strengthen protection of human rights in the context of state actions seeking to manage migration.

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Dastyari, Azadeh, and Daniel Ghezelbash. "Asylum at Sea: The Legality of Shipboard Refugee Status Determination Procedures." International Journal of Refugee Law 32, no. 1 (February 29, 2020): 1–27. http://dx.doi.org/10.1093/ijrl/eez046.

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Abstract Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This article examines the relevant international law, as well as State practice and domestic jurisprudence in the United States and Australia, to explore whether shipboard processing complies with international refugee and human rights law. It concludes that, while it may be theoretically possible for shipboard processing to comply with international law, there are significant practical impediments to carrying out shipboard processing in a manner that is compliant with the international obligations of States. Current practices in the United States and Australia fall short of what is required. Nor is there any indication that the Austrian/Italian proposal would contain the required safeguards. It is argued that this is by design. The appeal of shipboard processing for governments is that it allows them to dispense with the safeguards that asylum seekers would be entitled to if processed on land. Best practice is for all persons interdicted or rescued at sea to be transferred to a location on land where they have access to effective status determination procedures and are protected from refoulement and unlawful detention.

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Newman, Louise, Nicholas Proctor, and Michael Dudley. "Seeking asylum in Australia: immigration detention, human rights and mental health care." Australasian Psychiatry 21, no. 4 (June 26, 2013): 315–20. http://dx.doi.org/10.1177/1039856213491991.

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Rees, Susan, and Derrick Silove. "Rights and Advocacy in Research with East Timorese Asylum Seekers in Australia." Journal of Immigrant & Refugee Studies 4, no. 2 (May 22, 2006): 49–68. http://dx.doi.org/10.1300/j500v04n02_03.

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Grewcock, Michael. "‘Our lives is in danger’: Manus Island and the end of asylum." Race & Class 59, no. 2 (July 14, 2017): 70–89. http://dx.doi.org/10.1177/0306396817717860.

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The Australian-funded and operated immigration detention centre on Manus Island, Papua New Guinea, serves as a frontline for Australia’s border policing measures against unauthorised refugees. The willingness of the Australian state to forcibly transfer and detain refugees at sites such as Manus Island reflects its commitment to deterring unauthorised arrivals by punishing them for their methods of travel. Comparing the outcomes of the 2016 refugee global summits and recent public inquiries into the conditions on Manus Island, this article considers the disconnect between Australia’s criminogenic border policing practices and its supposed commitments to a humanitarian refugee resettlement policy. It argues that the dominant view of resettlement as an outcome to be bestowed on ‘worthy’ refugees removes refugee agency and enables ongoing and systemic human rights abuses at sites such as Manus Island. For refugees this can only be resolved by establishing a right to free movement.

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Nguyen, Nathalie Huynh Chau. "Memory in the Aftermath of War: Australian Responses to the Vietnamese Refugee Crisis of 1975." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 30, no. 02 (June 15, 2015): 183–201. http://dx.doi.org/10.1017/cls.2015.21.

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Abstract This article interweaves the personal and archival by exploring the intersection of official Australian records on the fall of Saigon and government handling of Vietnamese refugees in 1975 with my family history. As transitional justice addresses the legacies of human rights violations including the displacement and resettlement of refugees in post-conflict contexts, Australian responses to the Vietnamese refugee crisis of 1975 provide a relevant case study. Drawing on a wide range of archival documentation at the National Archives of Australia and the National Library of Australia, including policy papers, Senate findings, confidential cables, ministerial submissions, private correspondence and photographs, I trace the effect of government decisions on Vietnamese refugees seeking asylum. In the process I reveal actions by senior bureaucrats and in particular by then Prime Minister Gough Whitlam that are largely unknown. Combining archival research with personal history enables me to not only shed light on past actions of governance and uncover past injustice but also explore the enduring impact of government decision-making on individual lives.

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Tan, Nikolas Feith. "The Manus Island Regional Processing Centre: A Legal Taxonomy." European Journal of Migration and Law 20, no. 4 (November 29, 2018): 427–51. http://dx.doi.org/10.1163/15718166-12340037.

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Abstract This article considers the controversial cooperative migration control approach of extraterritorial asylum through a case study of the Manus Island Regional Processing Centre (RPC), in operation between 2012 and 2017. Rather than operating in a ‘legal black hole’, the RPC was the site of legal contestation, as refugees and their lawyers turned to various legal fora in an attempt to hold Australia, Papua New Guinea and private contractors responsible for violations of human rights law. The recent closure of the RPC, as a result of litigation in the Papua New Guinea Supreme Court, shows that just as States employ a broad range of deterrence policies, refugee lawyers have an emerging ‘toolbox’ at their disposal to challenge extraterritorial asylum policies. The Manus Island RPC experience holds lessons for future litigation on policies of extraterritorial asylum, presenting both opportunities and risks for policymakers and refugee lawyers alike.

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Sultoni, Yahya, and Khoirul Efendi. "The Existence Of Refugees And Immigrants From Middle East In Southeast Asia." UMRAN - International Journal of Islamic and Civilizational Studies 7, no. 3 (October 4, 2020): 77–86. http://dx.doi.org/10.11113/umran2020.7n3.440.

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Refugees and immigrants are the people who move from a region to another region crossing the countries border for surviving purposes. The reason they migrate to another place moslty because of conflict in their own country, also due to welfare and economic problems. The majority of refugees and immigrant in Indonesia go to Christmas Island, Australia as the final destination seeking the asylum or protection. Automatically they passed the area of the countries in Southeast Asia. It takes a long time for the moving process to the destination country until the status of the determination process for asylum or refugee by UNHCR. Because of the long time, there are fears that the immigrants will impact the stability of national security, economy, social, culture and other aspects. It also considered as demographic problems while increasing population in a country which is traversed by refugees and immigrant. It is important to analyze the influence of the existence of refugees and immigrants, as well as their potential in Southeast Asia Countries. Managing the existence of refugees and immigrant also considered for helping the government and other stakeholders to make the right policy for handling refugees and immigrants.

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Berracheche, Anissa. "Appraisal and Party Positioning in Parliamentary Debates: A Usage-Based Critical Discourse Analysis." International Journal of English Linguistics 10, no. 6 (October 8, 2020): 322. http://dx.doi.org/10.5539/ijel.v10n6p322.

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This article presents a corpus-driven study of evaluative discourses surrounding asylum seekers in parliamentary debates. It explores how Australian political parties have expressed unfavorable attitudes toward asylum seekers. These attitudes are operationalized by implementing Martin and White’s appraisal framework, which comprises affectual (affect), ethical (judgment), and aesthetic (appreciation) values. The findings reveal that the subcategories of affect, judgment, and appreciation are strategically deployed by both right- and left-wing parties. The right-wing discourse, conveying ethical values, emphasizes the difference between “in” and “out” groups, whereas the left-wing discourse, engaged in affectual values, demonstrates their humanitarian side. The study has also a methodological focus, namely, testing the feasibility of the behavioral profile approach in critical discourse analysis to obtain more replicable and reliable quantitative results. The method consists of the manual annotation of the corpus and multivariate statistical analysis.

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Hambly, Jessica. "International Refugee Law in Crisis: Islands, Incarceration and Neo-Refoulement during COVID-19." Australian Year Book of International Law Online 39, no. 1 (December 9, 2021): 49–64. http://dx.doi.org/10.1163/26660229-03901005.

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Abstract Attempts by states to deter refugee movement have evolved to a point that routine and systematic breach of non-refoulement and associated human rights frequently constitutes a central pillar in their asylum architectures. The expansion of state policies and practices under which people seeking asylum are prevented from reaching safe places and lodging asylum claims has accelerated during the Covid-19 pandemic. Drawing on examples from Australia and Europe, this article uses neo-refoulement—a concept introduced by geographers Jennifer Hyndman and Alison Mountz—to signal not only the rise in pushbacks at land and sea borders, but also practices that occur well within the boundaries of sovereign territory. These include the use of island incarceration, fast-track border procedures, and denial of legal presence on sovereign territory, even where physical presence is achieved. Such measures have often been introduced under the pretext of responding to situations of ‘mass influx’. And yet, far from providing an adequate response to a so-called ‘refugee crisis’, they serve only to facilitate a greater humanitarian crisis.

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Hartley, Lisa, Caroline Fleay, and Marian E. Tye. "Exploring physical activity engagement and barriers for asylum seekers in Australia coping with prolonged uncertainty and no right to work." Health & Social Care in the Community 25, no. 3 (January 30, 2017): 1190–98. http://dx.doi.org/10.1111/hsc.12419.

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Lowth, Mary. "Australia and the Nauru files: doctors fighting for the human rights of asylum seekers." British Journal of General Practice 67, no. 663 (September 29, 2017): 465–66. http://dx.doi.org/10.3399/bjgp17x692861.

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Steyne, Simon. "Has Anti-Migration and Anti-Refugee Discourse Hampered Progress against Child Labour?" Revista Tecnológica - ESPOL 34, no. 1 (March 15, 2022): 113–35. http://dx.doi.org/10.37815/rte.v34n1.856.

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The chequered application, since 2000, of integrated policies to eradicate the intersectional root causes of child labour sits more recently in a wider political context of recrudescent populist ethnonationalism accompanied by weakened respect by the governments of many countries for the rules-based international system and rights-based development. The author suggests that (apart from Northern-centric trade and policy interests) influential populist-nationalist governments (including those of the United Kingdom (linked to Brexit), and Australia (linked to the “Bali Process”) have contributed to diverting global attention from the largest cohort intended to benefit from Sustainable Development Goal Target 8.7 - the 160 million children now in child labour - by conflating forced labour with trafficking and trafficking with migration and asylum. This conflation seeks to demonise asylum-seekers, refugees, and economic migrants. It is an important element of the discourse of populist-nationalist ruling parties in their search for continued electoral support and reflects a willingness to violate international law protecting human rights.

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Liguori, Anna. "SOME OBSERVATIONS ON THE LEGAL RESPONSIBILITY OF STATES AND INTERNATIONAL ORGANIZATIONS IN THE EXTRATERRITORIAL PROCESSING OF ASYLUM CLAIMS." Italian Yearbook of International Law Online 25, no. 1 (October 18, 2016): 135–58. http://dx.doi.org/10.1163/22116133-90000110a.

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The idea of establishing centres for the “external processing” of asylum claims – already supported by some European Union (EU) Member States, and actually realized in the Caribbean by the United States and in the Pacific area by Australia – has recently come to the fore again in European debates. The recent proposals – which tend to create offshore centres in Turkey and probably in African countries too – envisage various levels of involvement of EU Member States and of the EU itself. The present contribution aims to analyse, in particular, which of the various actors implicated would be responsible, and to what extent, in cases of violation of asylum seekers’ human rights. The scenario that could be envisaged is extremely complex. Disentangling the web of action/attribution/responsibility is very difficult and the risk of “blame shifting” or “passing the buck” among the various actors is high. The possibility of the extraterritorial application of the European Convention on Human Rights will also be explored, in order to assess to what extent individuals would have access to a remedy before the European Court of Human Rights.

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de Leeuw, Marc, and Sonja van Wichelen. "Un-signing Geneva: legal pragmatics in the management of asylum." International Journal of Law in Context 15, no. 1 (June 8, 2018): 20–32. http://dx.doi.org/10.1017/s1744552318000113.

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AbstractIn the last decade, several states have increasingly tried to ‘un-sign’ to their humanitarian obligations by seeking ways to circumvent European or international law. Through an analysis of a recently passed act in Australia on the management of asylum seekers, this paper examines how the practice of ‘un-signing’ can be seen as a symptomatic instance of reconfiguring asylum in late modernity. We focus on the proliferation of ‘legal pragmatics’ in the management of refugees. By ‘legal pragmatics’, we refer to theprocessualways in which the state attempts to hollow out international refugee law and in which courts respond by reinstating it. Normative consequences are thecriminalisationand thejuridificationof refugees. We argue that the proliferation of ‘legal pragmatics’ illuminates not only the ever-expanding reach of neoliberal changes in domestic legislation, but also the limitations of human rights to adequately respond to the neoliberal vicissitudes of humanitarian government.

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Penovic, T. "Human Rights Overboard: Seeking Asylum in Australia. By Linda Briskman, Susie Latham and Chris Goddard." Journal of Refugee Studies 22, no. 4 (November 27, 2009): 539–41. http://dx.doi.org/10.1093/jrs/fep040.

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Neuberger, Lorenz. "Contemporary Asylum Policies between Human Rights Advocacy and Responsibility Outsourcing: the Cases of Australia and Canada." Sicherheit & Frieden 34, no. 1 (2016): 29–37. http://dx.doi.org/10.5771/0175-274x-2016-1-29.

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McPherson, M., L. S. Horowitz, D. Lusher, S. di Giglio, L. E. Greenacre, and Y. B. Saalmann. "Marginal Women, Marginal Rights: Impediments to Gender-Based Persecution Claims by Asylum-seeking Women in Australia." Journal of Refugee Studies 24, no. 2 (May 28, 2011): 323–47. http://dx.doi.org/10.1093/jrs/fer002.

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Fleay, Caroline, and Lisa Hartley. "‘I Feel Like a Beggar’: Asylum Seekers Living in the Australian Community Without the Right to Work." Journal of International Migration and Integration 17, no. 4 (July 22, 2015): 1031–48. http://dx.doi.org/10.1007/s12134-015-0453-x.

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Briskman, Linda. "Technology, Control, and Surveillance in Australia’s Immigration Detention Centres." Refuge: Canada's Journal on Refugees 29, no. 1 (October 18, 2013): 9–19. http://dx.doi.org/10.25071/1920-7336.37502.

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Although mandatory immigration detention for “unauthorized” arrivals in Australia receives considerable attention, the use and abuse by government of technologies within sites of detention is less publicized. Control and surveillance are exercised in a number of ways. Immigration detainees have been denied adequate access to technologies that would enable them to fully communicate with family and friends and are deprived of the capacity to acquire information that can ensure their human rights are realized. At the same time that asylum seekers experience restrictions, devices are in place to control detainees through technological surveillance. Despite the prohibitions and impositions, detainees have adopted alternative means of communication in defi ance of the limits foisted upon them.

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Journal articles on the topic 'Asylum, Right of – Australia'

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