Academic literature on the topic 'Asylum, Right of – Government policy – Australia'
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Journal articles on the topic "Asylum, Right of – Government policy – Australia"
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Rudijanto, Maria Natasha, Vania Clianta Putri, and Ellen Santoso. "Balanced Security and Humanity: an Analysis of Australian Policies in Handling of Boat People and Its Impact on Indonesia." Asian Journal of Social and Humanities 1, no. 10 (July 25, 2023): 610–17. http://dx.doi.org/10.59888/ajosh.v1i10.81.
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The rise of Boat People arriving in Australia made the Australian government issue a policy called a policy Operation Sovereign Border, the policy is a policy used to deal with asylum seekers by preventing and expelling asylum seekers. This policy reaped controversy because it violated the provisions of international law. This legal writing analyzes how efforts to deal with boat people and their rights and obligations according to international law as well as the influence of Australian policies in dealing with boat people and the impact of Australian policies on Indonesia. This research uses a normative juridical method which is carried out through a literature study with a statutory, historical approach, and conceptual. Australia has also ratified the 1951 Convention which has become the basis of international law for refugees, and has also regulated the protection of refugees and has become a reference for many countries in developing their refugee laws and policies. Australia's policy on preventing migration by boat has several significant effects, such as: (1) Reducing the number of migrants via; (2) Impact on the people smuggling business; (3) controversies and issues of human rights; and (4) Regional effects.
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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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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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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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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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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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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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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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Syahrin, M. Alvi, and Brianta Petra Ginting. "LEGAL INTERPRETATION OF DIRECTORATE GENERAL OF IMMIGRATION DECREE NUMBER IMI-0352.GR.02.07 OF 2016 CONCERNING THE HANDLING OF ILLEGAL IMMIGRANTS THAT SELF DECLARED AS AN ASYLUM SEEKERS OR REFUGEES IN IMMIGRATIVE SELECTIVE POLICY: HIERARCHY THEORY OF LEGAL." Jurnal Ilmiah Kajian Keimigrasian 2, no. 1 (April 26, 2019): 109–28. http://dx.doi.org/10.52617/jikk.v2i1.47.
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Displacement is a form of population movement that has different characteristics than other forms of population movement. The movement of population, both in the national territory and those that have crossed national borders, is an event that has long existed in human history and is increasingly happening now. The increasing number of asylum seekers and refugees to the territory of Indonesia, has caused social disturbances, political security, and even order in the community. The number of their arrival is not proportional to the completion rate or placement to the recipient country (Australia). To deal with the problem of asylum seekers and refugees entering and residing in the territory of Indonesia, the government issued a Director General of Immigration Decree Number: IMI-0352.GR.02.07 of 2016 concerning the Handling of Illegal Immigrants who Self Declare as Asylum Seekers and Refugees. This regulation not only affirms Indonesia's position in favor of refugee humanitarian policies, but also makes it incompatible with the legal principles of establishing legislation. The formulation of the problem examined in this paper is how the legal position of Director General of Immigration Decree in the immigration selective policy with a hierarchical theory approach to legal norms. The research method used is normative legal research that is qualitative in nature with mixed logic (deductive and inductive). From the results of the study can be known several legal facts as follows. The legal status of Director General of Immigration Decree Number: IMI-0352.GR.02.07 in 2016 creates disharmony in the legal order (immigration) in Indonesia. Article 7 of Law Number 12 of 2011 has established a sequence of laws and regulations which form the basis for the implementation of all legal regulations in Indonesia. The provisions of this article are in line with the Hierarchical Theory of Legal Norms (Hans Kelsen) which explains that lower norms, valid, sourced and based on higher norms. However, this theory is not negated in the formation of these regulations, where in the body the norms conflict with each other with higher legal norms above. The existence of this regulation has created norm conflicts that lead to the absence of legal certainty. As for the higher regulations that contradict these regulations are as follows: The 1945 Constitution of the Republic of Indonesia, Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Regulations for Implementing Law Number 6 of 2011 concerning Immigration, and Regulation of the Minister of Law and Human Rights Number M.HH-11.OT.01.01 of 2009 concerning Organization and Work Procedures of Immigration Detention Houses. Conflicting legal norms include: Definition of Detention Center, Determinant Definition, Refugee Handling, UNHCR and IOM Authority in Refugee Handling, Discovery, Collection, Immigration Oversight, Funding, and Sanctions.
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Gow, Johanne, and Mary Quilty. "At the Coalface: Advocacy in the dark: Seeking justice for asylum seekers." Pacific Journalism Review : Te Koakoa 10, no. 1 (April 1, 2004): 46–56. http://dx.doi.org/10.24135/pjr.v10i1.778.
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Two members of the Australian refugee support NGO 'ChilOut' detail the lack of public access to Immigration Detention Centres (IDCs), to the detainees within them and to the policies and procedures governing such centres. ChilOut organises visits to IDCs so ordinary Autralians can know and befriend detainees. However, stringent and sometimes arbitary control of IDC visitors mean their vists cannot ensure transparency. More formal written attempts to establish accountability such as ChilOut's submission to the Human Rights and Equal Opportunity Comission (HREOC) inquiry into children in detention and ChilOut's report in contractual compliance within IDCs have been dismissed or refuted by the Australian Government. Unaccountability also arises from confidentiality clauses in the 1998 contract betwen the Government and ACM (the private company which ran IDCs), the Government's shielding of ACM from adverse publicity, contractual incentives to cover up negative incidences, and 'commercial-in-confidence' deletions from publicly available versions of the contract. This articles argues that the lack of access to dentention centres reaches its zenith on Nauru offering further proof that Australia's current refugee policy is deliberately structured to hinder transparency and accountability.
Dissertations / Theses on the topic "Asylum, Right of – Government policy – Australia"
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Davies, Evan. "Mandatory detention for asylum seekers in Australia : an evaluation of liberal criticism." University of Western Australia. Political Science and International Relations Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0202.
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This thesis evaluates the policy of mandatory detention for asylum seekers maintained by successive Australian governments against several core liberal principles. These principles are derived from various accounts of liberal political thought and the major themes and criticisms inherent in the public debate over the policy. The justifications of the policy given by the Australian government and the criticisms enunciated by scholars, refugee advocates and non-government organisations with respect to the policy strongly correspond with the core liberal principles of fairness, protecting the rights of the individual, accountability and proportionality. The claims of the critics converge on a central point of contention: that the mandatory detention of asylum seekers violates core liberal principles. To ascertain the extent to which the claims of the critics can be supported, the thesis selectively draws on liberal political theory to provide a framework for the analysis of the policy against these liberal principles, a basis for inquiry largely neglected by contributors to the literature. This thesis argues that, on balance, the mandatory detention policy employed by successive Australian governments violates core liberal principles. The claims of the critics are weakened, but by no means discredited, by the importance of the government's maintenance of strong border control. In the main, however, criticisms made by opponents of the policy can be supported. This thesis contributes to the substantial body of literature on the mandatory detention policy by shedding light on how liberal principles may be applicable to the mandatory detention policy. Further, it aims to contribute to an enriched understanding of the Australian government's competence to detain asylum seekers.
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Malavaux, Claire. "Cultivating indifference : an anthropological analysis of Australia's policy of mandatory detention, its rhetoric, practices and bureaucratic enactment." University of Western Australia. School of Social and Cultural Studies, 2007. http://theses.library.uwa.edu.au/adt-WU2008.0120.
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This thesis is based on a particular domain of anthropological inquiry, the anthropology of policy, which proposes that policy be contemplated as an ethnographic object itself. The policy I consider is Australia's refugee policy, which advocates the mandatory detention of
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Lai, I. Tak. "Towards the EU common migration and asylum policy : challenges or opportunities?" Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2555551.
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Vo, Quyen. "The scope of British refugee asylum, 1933-93." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609586.
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Oduba, Victor. "Politics of asylum : sovereign considerations in the multilateral and humanitarian practices of refugee protection in post-apartheid South Africa." Thesis, Rhodes University, 2003. http://hdl.handle.net/10962/d1007725.
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Most scholars claim that international human rights norms embodied in formal international declarations and treaties have an important impact on domestic political interests and governmental practices. This reasoning about the impact of global human rights is often applied to the post-apartheid South African immigration and refugee policies. While I acknowledge that the ratification of United Nations Conventions on refugees has altered the traditional sovereignty considerations of South Africa towards asylum seekers, I take issue with the claims that South African refugee and asylum policies are primarily motivated and based on humanitarian considerations. Instead, I argue that these policies are based on sovereign considerations and strategic foreign policy interests. As a result this sovereign interests of South Africa to study has sought to demonstrate that largely explain decisions on the part accept or reject refugees. Although norms diffusion, international advocacy networks, and prestige factors have made a big impact, in practice the refugee policy has continued to reflect South Africa's strategic interests and domestic considerations at all levels. However, I have not argued that South Africa should overlook its national and foreign interests and abide by international human rights norms regardless of the cost of doing so. I have only sought to demonstrate that refugee protection is more when powerful national interests find it conducive to manage the destabilizing refugee flows.
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Rogalla, Barbara, and com au BarbRog@iprimus. "Framed by Legal Rationalism: Refugees and the Howard Government's Selective Use of Legal Rationality; 1999-2003." RMIT University. Global Studies, Social Science and Planning, 2007. http://adt.lib.rmit.edu.au/adt/public/adt-VIT20080122.100946.
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This thesis investigated the power of framing practices in the context of Australian refugee policies between 1999 and 2003. The analysis identified legal rationalism as an ideological projection by which the Howard government justified its refugee policies to the electorate. That is, legal rationalism manifested itself as an overriding concern with the rules and procedures of the law, without necessarily having concern for consistency or continuity. In its first form, legal rationalism emerged as a
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Palmer, David Social Sciences & International Studies Faculty of Arts & Social Sciences UNSW. "The values shaping Australian asylum policy: a historical and ethical inquiry." 2007. http://handle.unsw.edu.au/1959.4/40777.
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This thesis maps the values that have guided the asylum policy decisions of Australia's political leaders over the past half-century, drawing on archival records and interviews with former immigration ministers and senior public servants. For comparative purposes, it also maps the values shaping the views of asylum among leaders of a supra-national organization (the European Commission) and of a major non-government organization (the Jesuit Refugee Service). The findings support the view that a culture of control permeates Australian asylum policy decisions, and that the quest for control stems from perceptions of national interest as articulated in immigration and foreign policy. However, beneath this it shows the primary values shaping policy to be nation building and good governance in the case of the Australian leaders, and (European) community building in the case of European Commission leaders. Building on a 'caring for us, caring for them' conundrum found running through the values of all three groups of leaders, and seeking a secular equivalent to the faith-inspired relational approach of the Jesuit Refugee Service leaders, the thesis explores the contribution an ethics of care might make to asylum policy design, delivery and evaluation. It argues that such an approach, in which care is conceived as a value, process and practice rather than a sentiment or theory, is well suited to the area, especially when refined to provide for the work of empathy and imagination. It concludes by considering the potential implications for Australian asylum policy if an ethics of care were adopted. The primary goals of the thesis are a better understanding of the issues involved in asylum policy, and the articulation of an ethical approach potentially as engaging of policy insiders as of policy spectators.
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Cox, Emma. "Affect, belonging, community : asylum seekers and refugees in performance and writing in post-2001 Australia." Phd thesis, 2009. http://hdl.handle.net/1885/109569.
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This doctoral dissertation examines the production and function of representations of asylum in writing and performance in Australia since 2001. It encompasses creative work that portrays asylum seekers (people whose protection claim has not been assessed) and refugees (people whose status has been determined within the terms of the United Nations Convention Relating to the Status of Refugees) as well as work that engages with the issue of asylum more broadly. My selection of performative work includes theatrical production, performative art installation, protest action and film, and my selection of written work includes novels, poetry, memoirs, short stories and letters. The timeframe of the analysis acknowledges 2001 as a decisive period in the development of punitive national policy (and ideology) on unauthorised asylum seekers, concurrent with the escalation of sovereign security discourse worldwide after 11 September, that continue to inflect Australia's engagement with non-belonging non-citizens. If the upheavals of 2001 and concomitant proliferation of creative arts response mark the starting point of this study, the last two years have presented a renewed intensification of the challenges faced by the world's displaced. Recent global economic crises have heightened the vulnerability of people living in economically and politically unstable parts of the world, prompting an increase in refugee numbers; the United Nations High Commissioner for Refugees, Antonio Guterres, stated in a press conference with the Australian Minister for Immigration and Citizenship, Chris Evans, in February 2009 that recent economic deterioration is an "accelerating factor" upon the existing pressures that force people movements, and moreover, a "generator of xenophobia" directed at refugees in many parts of the world.
In its emphasis on creative and cultural work in writing and performance, approached to a significant extent in terms of counter-representations to (usually) pejorative government and news media discourse, this project speaks to crucial questions posed by Suvendrini Perera, writing in response to the Tampa incident of 2001: "The terrain of representation, of language, imagery and narrative ... emerges as a crucial site for contesting the disconnection and separation of refugees and asylum seekers from wider society. What representations of refugees, other than official ones, are available in the public sphere? What are the forms and modalities by which refugee stories are told and made visible?" ("A Line" 32-3). Despite its broad analytical umbrella, encompassing writing and performance - both forms that themselves contain a number of representational modalities - created by Australians and by refugees, this study can only begin to provide an answer to Perera's questions. In doing so, it develops an overarching (though by no means exclusive) theoretical concern with affective cross-cultural engagement. I endeavour to illustrate some of the ways in which selected creative representations construct spaces of affective contact and connection between human lives separated-in-proximity by sovereign demarcations of national community.
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Thapa, Shamser Singh. "The "safe third country" approach vs. the notion of non-refoulment in international law : a critical examination of Australian law and policy." Thesis, 2011. http://handle.uws.edu.au:8081/1959.7/506759.
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The notion of refugee was born immediately after World War I, so as to protect and promote human rights. After the adoption of the Convention Relating to the Status of the Refugees, however, much has changed in the world. Although the number of signatories is increasing, the Convention remains the same. Each country now appears to have erected barriers to prevent refugees from entering their territory and one of the much debated substantiations for so doing is the “safe third country” approach. This thesis will focus on the “safe third country” and “effective protection” principle which some see as a breach of Article 33 of the Convention known as “refoulment” and closely examines the law and policy in Australia, and makes some international comparisons. It also examines the doctrine of effective protection as interpreted by the Australian Courts and considers whether it breaches Australia's Refugee Convention obligations, and analyzes two major cases, that of Minister for Immigration and Multicultural Affairs v Thiyagarajah and NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs. This thesis examines statutory effective protection as comprised in ss 36(3)-(7) of the Migration Act and discusses Australia's attempted justification of “safe third country” provisions. This thesis argues that the criteria for returning refugees to 'safe third countries' should not be determined solely by one Country without having proper agreement with the proposed “safe third country”. In constructing these criteria, this thesis argues that Australia cannot send any refugee to another country in the name of the “safe third country” principle if there is a risk, whether knowingly or inadvertently, that the latter will violate rights which Australia itself is obligated to respect. This thesis also recommends requirements for the return of refugees to third countries, a list of minimum requirements of international law and a list of recommended best practice criteria. The underlying theoretical framework of this thesis has thus become a bilateral agreement with the “safe third country”, with monitoring arrangements by the International Humanitarian Organizations, such as, UNHCR, for co-operation. It is a strong argument of this thesis that without any existing agreement, the safe third country principle cannot guarantee non-refoulment. This thesis attempts to provide the solution to breach of the non-refoulment principle by promoting the “agreement” concept through which Australia can assist refugees and comply with Article 33 of 1951 Refugee Convention and Protocol. The theory would also play a role to establish and promote cooperation between people on a government level and on a non-governmental level so that there will be a reasonably appropriate understanding within Australia of the plight of refugees. Further, “agreements” are essential for governments to maintain the reputation of Australia as a nation within the international community that respects refugees and human rights.
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Bolger, Dawn. "Race politics : Australian government responses to asylum seekers and refugees from White Australia to Tampa." Thesis, 2016. http://hdl.handle.net/1959.7/uws:37989.
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Through an examination of Australian Government responses to Irregular Maritime Arrivals from 1901 to 2001, this thesis will provide an assessment of the roles of race and racism in contemporary Australian Government policy regarding the treatment of asylum seekers who arrive in Australia by boat. In particular, it attempts to build on contemporary scholarship regarding Irregular Maritime Arrivals in Australia by focusing on the conjuncture of race, refugees and Australian immigration policy.
While it is well known that race and racism have played important roles in Australian immigration history, contemporary Australia is principally portrayed as a diverse, egalitarian and multicultural society. With the official abandonment of the policies of White Australia in 1973, successive Australian governments have endeavoured to foster, both domestically and internationally, an image of a cohesive, egalitarian and multicultural nation. The aim of the thesis is therefore to explore whether (and how) a continuous racial thread is used politically within Australian refugee immigration discourse to maintain a covert race agenda.
Centred on the principle that racism is inherently political, this thesis seeks to investigate contemporary xenophobia in order to understand the persistent support for discriminatory and exclusionist political policy. It argues that despite the rhetoric of harmonious multicultural cohesion, Australian immigration policy—specifically in regards to Irregular Maritime Arrivals—is still significantly influenced by racist ideology. While they have conceptually abandoned ideas of a White Australia, contemporary governments have strayed little from historical convictions of ‘race’ difference. In this way, the thesis suggests that successive Australian governments have successfully coalesced an overt multiculturalism with a covert racism that effectively conceals the political nature of race itself.
The fundamental argument of the thesis is therefore that in the Australian context, race is often mistakenly viewed in isolated terms or attributed to its White Australia Past. Ideas of race however, are not simply a part of Australian history and rather are structural, thereby continuing to resound in Australia’s contemporary refugee policies. The thesis therefore contends that the arrival of asylum seekers and refugees on leaky boats provided (and continues to provide) a perfect opportunity for successive Australian governments to enact race ideology without appearing racist.
In assessing Australia’s outward claim of multiculturalism alongside the continued maintenance of deeply exclusionist political policy, this thesis traces the development of Australian immigration policy—specifically in regards to the treatment of asylum seekers who arrive by boat—to show that ideas of race not only form an integral part of Australian history, but that they continue to resound and manifest in Australia’s contemporary refugee and immigration policies.
Books on the topic "Asylum, Right of – Government policy – Australia"
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1947-, Goddard Christopher R., and Latham Susie, eds. Human rights overboard: Seeking asylum in Australia. Carlton North, Vic: Scribe Publications, 2008.
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Rod, Tess. Who gets to stay?: Refugees, asylum seekers, and unauthorized arrivals in Australia. Melbourne: Institute of Public Affairs, 2001.
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Hurriyet, Babacan, ed. Seeking asylum in an global world: A comparative analysis of refugee and asylum seeker citizenship rights, laws and policies in Australia, Canada and New Zealand. Saarbrücken: VDM, Verlag Dr. Müller, 2009.
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Frank, Brennan. Tampering with asylum: A universal humanitarian problem. St. Lucia, Qld: University of Queensland Press, 2007.
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Crock, Mary. Seeking asylum alone: A study of Australian law, policy and practice regarding unaccompanied and seperated children. Annandale, N.S.W: Themis Press, 2006.
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Fethi, Mansouri, ed. Lives in limbo: Voices of refugees under temporary protection. Sydney: University of New South Wales Press, 2004.
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Dallal, Stevens, ed. UK asylum law and policy. London: Sweet & Maxwell, 2003.
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Teichmann, Iris. Immigration & asylum. North Mankato, Minn: Smart Apple Media, 2003.
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Instituut, Nederlands Interdisciplinair Demografisch, Commission of the European Communities., European Free Trade Association. Secretariat., and Statistical Office of the European Communities., eds. Asylum-seekers and refugees: A statistical report. Luxembourg: Office for Official Publications of the European Communities, 1994.
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Connelly, Susan. Questions from the asylum. Otford, N.S.W: Otford Press, 2002.
Find full textBook chapters on the topic "Asylum, Right of – Government policy – Australia"
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Sugars, Jasper MacLennan. "Refoulement and Refugees." In Defending Human Rights and Democracy in the Era of Globalization, 181–97. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-0723-9.ch008.
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Refoulement, a French word meaning to reject; or backwash, is a contentious issue in the international law and policy. However, the word is unknown to most of the public world – the Australian government operations to deter asylum seekers titled ‘pushing back the boats', ‘operation sovereign borders' are questionably pushing the limits as to what's refoulement and what isn't – but the worded meaning in the convention relating to the status of refugees is the process by which a persecuted asylum seeker is forcibly removed back to a place where they are re-exposed to the same danger from which they are trying to escape. In this article, the author hopes to provide information to others who are interested in the area of refugee policy and, in particular Australia's role in the development of this increasingly important field of international law as well as the implementation of their own unique approach to dealing with asylum seekers arriving in their territorial waters by boat. in this chapter the author has made every effort to provide an unbiased, politically non-partisan view of the current policies which Australia has implemented under domestic law, which includes the act of turning back of boats and offshore processing in third-nation processing facilities.
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FitzGerald, David Scott. "Stopping the Refugee Boats." In Refuge beyond Reach, 219–52. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190874155.003.0010.
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Australia has unusually effective controls to deter asylum seekers as a result of its remote geography, regional hegemony, and relatively weak legal constraints. In the 1970s the government’s options were self-limited by foreign policy interests that favored asylum seekers fleeing the fallen ally of South Vietnam. By the 2000s, it had shifted toward a harsh policy built on buffers in Indonesia and Papua New Guinea, the “excisions” of particular Australian territories to restrict asylum seekers’ rights there, aggressive interceptions of visa-less travelers at sea, and offshore processing of maritime asylum seekers in other countries’ territories where most have been determined to be refugees by the UNHCR definition. The only current modest limitations on Canberra’s remote controls derive from reliance on other governments to do the work of buffering and caging and scrutiny by civil society.
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Sirriyeh, Ala. "Outrage, Responsibility and Accountability." In The Politics of Compassion, 117–38. Policy Press, 2018. http://dx.doi.org/10.1332/policypress/9781529200423.003.0007.
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This chapter examines how migrant and refugee rights activists have reclaimed a politics of outrage to challenge violent and repressive policies and hold those responsible to account. Focusing on the campaign to end Australia's use of offshore immigration detention on Manus Island and Nauru, the chapter highlights the Australian government's long-standing denial of responsibility and discrediting of the physical body as a mode of testimony and how it has obscured from public view — and physical proximity — the violence of its asylum and immigration policy. The #LetThemStay protests which took place in early 2016 against the deportation of refugees from Australia to the offshore detention centres, and the #CloseTheCamps and #BringThemHere protests reflect how asylum seekers and activists turn to the suffering body as a means of rearticulating compassion and connecting it to the feminist ethics of care, as well as directing outrage towards the causes of suffering.
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Vogl, Anthea. "Outsourcing Deterrence." In Privatising Border Control, 191—C10.P100. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192857163.003.0011.
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Abstract This chapter explores government outsourcing of asylum seeker welfare services, surveillance, and reporting functions to non-government organisations (NGOs). It focuses on Australia, where the government has outsourced the delivery of core welfare services for asylum seekers living in the community to NGOs. The outsourced welfare services have been appraised as ‘starving out’ asylum seekers and deploying deprivation as a means of deterrence. The government-contracted NGOs are also required to report on asylum seekers who are in breach of Australia’s Asylum Seeker Code of Behaviour, which prohibits actions such as spitting, swearing, and spreading rumours. The chapter argues that the Australian government’s outsourcing of refugee welfare services co-opts and captures NGOs as direct partners in immigration control and deterrence. Further, it analyses state capture of the NGOs as exemplifying the alliance between care and immigration control involved in humanitarian forms of governance at the border. By virtue of contractual outsourcing, the Australian government has both created new sites of discretion and control over asylum seekers and constrained the capacity of NGOs to contest government policy, instead involving them in the enforcement of sovereign borders as a condition for providing support and assistance.
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Sugars, Jasper MacLennan. "Refoulement and Refugees." In Immigration and the Current Social, Political, and Economic Climate, 727–40. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-6918-3.ch040.
Full textAbstract:
Refoulement, a French word meaning to reject; or backwash, is a contentious issue in the international law and policy. However, the word is unknown to most of the public world – the Australian government operations to deter asylum seekers titled ‘pushing back the boats', ‘operation sovereign borders' are questionably pushing the limits as to what's refoulement and what isn't – but the worded meaning in the convention relating to the status of refugees is the process by which a persecuted asylum seeker is forcibly removed back to a place where they are re-exposed to the same danger from which they are trying to escape. In this article, the author hopes to provide information to others who are interested in the area of refugee policy and, in particular Australia's role in the development of this increasingly important field of international law as well as the implementation of their own unique approach to dealing with asylum seekers arriving in their territorial waters by boat. in this chapter the author has made every effort to provide an unbiased, politically non-partisan view of the current policies which Australia has implemented under domestic law, which includes the act of turning back of boats and offshore processing in third-nation processing facilities.
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Sarah, Dryden-Peterson, and Mariën Hania. "Part VI Refugee Rights and Realities, Ch.54 The Right to Education." In The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0055.
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This chapter examines the right to education of refugees. International human rights instruments, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Refugee Convention, provide a framework for the right to education for refugees. As a social right, and as reflected in the ICESCR, the right to education is to be progressively realized and requires positive action and allocation of funding. Like all human rights, it is dependent on action by government, the availability of public resources, and enforcement mechanisms. The devolution of responsibility for the education of refugees to States through recent policy further entrenches the role of the State in respecting, protecting, and fulfilling refugees’ right to education. The chapter then explores the intersection of global and national frameworks for the right to education for refugees and its realization in the form of access to schools. Despite the widely embraced global articulation of the right to education for all refugee children, the realization of the right to education is highly variable, being largely dependent upon their State of asylum.
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Worthy, Ben. "The US, Australia and India: two firsts and the greatest?" In The Politics of Freedom of Information. Manchester University Press, 2017. http://dx.doi.org/10.7228/manchester/9780719097676.003.0008.
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• US: A long struggle by a small group of politicians and journalists over a decade led to numerous abortive attempts to pass legislation in the 1960s. The bill finally became the 1966 FOI Act following a long process of negotiation in the Senate and opposition, though crucially not rejection, from the then President Lyndon Johnson (Reylea 1983: Yu and Davies 2012). • Australia: the Australian FOI policy development, beginning in the 1970s and ending in 1982, was a long series of advances and retreats. The proposed legislation was alternatively weakened during its passage, with crusaders both in government and in the Senate seeking to preserve key features against bureaucratic and political opposition (Snell 2001: Terrill 1998). • India: the traditional view of Indian Right to Information Act is of a remarkable grassroots alliance of dedicated reformers pushed openness legislation from the local level upwards during the 1990s and 2000s (Roberts 2006: Sharma 2013). However the reality is more complex as RTI was the result of a combination of piecemeal reforms in the 1980s, shifts in elite power and support from parts of the bureaucracy and from Sonia Ghandi herself (Singh 2007: Sharma 2013).
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Kirkby, Diane, Lee-Ann Monk, and Dmytro Ostapenko. "‘Protect[ing] Workers against Shoddy Foreign Companies'." In Maritime Men of the Asia-Pacific, 265–84. Liverpool University Press, 2023. http://dx.doi.org/10.3828/liverpool/9781802077193.003.0012.
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This chapter draws together themes of previous chapters as it explores how maritime unionists navigated the massive changes in shipping, in an increasingly corporatised and globalised capitalist world. The chapter takes the instance of a strike against the contract employment of Japanese seafarers on the Australian coast to illustrate how issues of racism and militancy in defence of Australian jobs was manifested in the 1960s as the White Australia policy was ending. Militancy was also evinced in defence of a national shipping line to give jobs to Australian seafarers. The focus then shifts to the attacks on dockworkers. In 1990 the ITF adopted a Port Workers Charter in response to exploitative changes being implemented against European dockworkers. In Australia militancy over the right to unionise in the face of government attempts to break their power irrevocably, led to a major dispute in 1998, ‘the battle that changed Australia.’ The chapter illustrates continuities in the history of Australia’s maritime unions and how the trajectory of their internationalism came to a head at the end of the twentieth century when the ITF and its affiliates helped them survive another targeted attack.