Journal articles on the topic 'Asylum, Right of – Government policy – Australia'
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1
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.
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McPhail, Ken, Robert Ochoki Nyamori, and Savitri Taylor. "Escaping accountability: a case of Australia’s asylum seeker policy." Accounting, Auditing & Accountability Journal 29, no. 6 (August 15, 2016): 947–84. http://dx.doi.org/10.1108/aaaj-03-2014-1639.
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Purpose – The purpose of this paper is to address two questions: first, what contracts, instruments and accounting activities constitute Australia’s offshore asylum seeker processing policy in practice? Second, how are notions of legitimacy and accountability mediated through the network constituted by this policy? Design/methodology/approach – The paper is located in the critical interpretivist approach to accounting research. It is based on an exhaustive documentary analysis. Policy documents, contract documents, records of parliamentary inquiries (Hansard) and legislation were analysed drawing on a network policy perspective. Findings – The paper finds that the Australian Government has sought to escape its accountability obligations by employing a range of approaches. The first of these approaches is the construction of a network involving foreign states, private corporations and non-government organizations. The second is through a watered down accountability regime and refusal to be accountable for the day-to-day life of asylum seekers in offshore processing centres through a play with the meaning of “effective control”. Yet while the policy network seems designed to create accountability gaps, the requirement within the network to remain financially accountable undermines the governments claims not to be responsible for the conditions in the detention camps. Research limitations/implications – The paper focuses largely on the period starting from when Kevin Rudd became Prime Minister to the death in Papua New Guinea of asylum seeker Reza Barati on 17 February 2014. Earlier periods are beyond the scope of this paper. Practical implications – The paper will result in the identification of deficiencies inhuman rights accountability for extra-territorialized and privatised immigration detention and may contribute towards the formulation of effective policy recommendations to overcome such deficiencies. The paper also provides empirical data on, and academic understanding of, immigration detention outsourcing and offshoring. Social implications – The paper will inform debate regarding treatment of unauthorized maritime arrivals and asylum seekers generally. Originality/value – The paper provides the first detailed and full understanding of the way Australia’s offshore asylum seeker processing policy is practiced. The paper also provides an empirical analysis of the way national policy and its associated accountability mechanisms emerge in response to the competing legitimacy claims of the international community and national electorate.
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Troath, Sian. "Prospects for Australian-Led Regional Cooperation On Asylum Seeker and Refugee Issues." Andalas Journal of International Studies (AJIS) 5, no. 2 (November 1, 2016): 105. http://dx.doi.org/10.25077/ajis.5.2.105-128.2016.
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The nomination of former Refugee High Commissioner Antonio Guterres for Secretary-General, the ongoing and intensifying condemnations of Australia’s offshore detention centres on human rights grounds, and the ruling of the Papua New Guinea Supreme Court regarding detention centres on Manus Island, indicate that the Australian government needs a new policy on asylum-seekers. The domestic political demand for a deterrence-based, “no advantage”, tough on borders approach means that the only way to achieve this would be through regional cooperation, which would be impossible without the cooperation of Indonesia. Analysing why there is such strong involvement of domestic politics on this issue, even to the detriment of the bilateral relationship with Indonesia, is vital to understanding how to improve the relationship and foster regional cooperation on asylum seekers. While reaching a broad cooperative agreement on asylum seekers in general would be far too difficult, the Rohingya refugee crisis presents a specific case on which regional cooperation could be built. If successful, this would serve as a building-block for deeper and more sustained regional cooperation on asylum seekers
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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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Wood, Tamara, and Jane McAdam. "III. Australian Asylum Policy all at Sea: An analysis of Plaintiff M70/2011 v Minister for Immigration and Citizenship and the Australia–Malaysia Arrangement." International and Comparative Law Quarterly 61, no. 1 (January 2012): 274–300. http://dx.doi.org/10.1017/s0020589311000662.
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On 25 July 2011, the governments of Australia and Malaysia announced that they had entered into an ‘Arrangement’ for the transfer of asylum seekers.1 Its stated aim was to deter asylum seekers from travelling by boat to Australia by providing that the next 800 asylum seekers to arrive unlawfully would be transferred to Malaysia in exchange for the resettlement of 4,000 UNHCR-approved refugees living there.2 The joint media release by the Australian Prime Minister and Minister for Immigration lauded it as a ‘groundbreaking arrangement’ that demonstrated ‘the resolve of Australia and Malaysia to break the people smugglers’ business model, stop them profiting from human misery, and stop people risking their lives at sea’.3 The success of the Arrangement relied on Malaysia being perceived as an inhospitable host country for asylum seekers, with the Australian Government emphasising that it provided ‘the best course of action to make sure that we sent the maximum message of deterrence’.4 The Government also made clear that those transferred to Malaysia would ‘go to the back of the [asylum] queue’.5
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Billings, Peter. "Irregular Maritime Migration and the Pacific Solution Mark II: Back to the Future for Refugee Law and Policy in Australia?" International Journal on Minority and Group Rights 20, no. 2 (2013): 279–305. http://dx.doi.org/10.1163/15718115-02002007.
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Following a rise in the number of irregular maritime arrivals seeking refugee protection in Australia, and two successful legal challenges to their refugee processing policies, the Labor Government has resuscitated notorious aspects of the ‘Pacific Solution’ as part of a ‘no advantage’ policy. This strategy seeks to deter ‘irregular’ asylum seekers by treating them no more favourably than refugees seeking protection from overseas awaiting entry to Australia through regular refugee/humanitarian channels. In furtherance of this ‘no advantage’ policy, extra-territorial processing on Nauru and Papua New Guinea has been re-introduced and ‘excision’ provisions are to be extended to mainland Australia placing the continent outside of its ‘migration zone’ and, therefore, asylum seekers beyond the regular laws and processes for protection seekers. This article analyses the seismic shifts in asylum seeker policy that have occurred in Australia over the recent past and the politics underpinning them.
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Sharples, Rachel. "Disrupting State Spaces: Asylum Seekers in Australia’s Offshore Detention Centres." Social Sciences 10, no. 3 (March 1, 2021): 82. http://dx.doi.org/10.3390/socsci10030082.
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The Australian government has spent over a billion dollars a year on managing offshore detention (Budget 2018–2019). Central to this offshore management was the transference and mandatory detention of asylum seekers in facilities that sit outside Australia’s national sovereignty, in particular on Manus Island (Papua New Guinea) and Nauru. As a state-sanctioned spatial aberration meant to deter asylum seekers arriving by boat, offshore detention has resulted in a raft of legal and policy actions that are reshaping the modern state-centric understanding of the national space. It has raised questions of sovereignty, of moral, ethical and legal obligations, of national security and humanitarian responsibilities, and of nationalism and belonging. Using a sample of Twitter users on Manus during the closure of the Manus Island detention centre in October–November 2017, this paper examines how asylum seekers and refugees have negotiated and defined the offshore detention space and how through the use of social media they have created a profound disruption to the state discourse on offshore detention. The research is based on the premise that asylum seekers’ use social media in a number of disruptive ways, including normalising the presence of asylum seekers in the larger global phenomena of migration, humanising asylum seekers in the face of global discourses of dehumanisation, ensuring visibility by confirming the conditions of detention, highlighting Australia’s human rights violations and obligations, and challenging the government discourse on asylum seekers and offshore detention. Social media is both a tool and a vehicle by which asylum seekers on Manus Island could effect that disruption.
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Hemelryk Donald, Stephanie. "Shaming Australia." Alphaville: Journal of Film and Screen Media, no. 18 (December 1, 2019): 70–90. http://dx.doi.org/10.33178/alpha.18.06.
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This article analyses Australian audiovisual treatments of contemporary refugee experiences of the Australian government’s “Pacific Solution”, which was introduced after the Tampa affair in 2001. I call into question the conventional premise of much documentary filmmaking, that the moving photographic image can reveal the reality of that experience (indexicality). That approach is exemplified, I argue, by Eva Orner’s award-winning film, Chasing Asylum (2014), which aspired to reveal the truth about conditions in the Regional Processing Centre on Nauru and thereby to shock Australian audiences into demanding a change in government policy. The problem with the film is that its reliance on the norms of documentary has the unintended consequence of silencing the detainees and reducing them to the status of vulnerable and victimised objects. The article concludes by comparing Chasing Asylum with an installation by Dennis Del Favero, Tampa 2001 (2015), which exemplifies a nonrepresentational, affect-based aesthetic that says less in order to achieve more in evoking complex refugee stories of dispossession or disappearance.
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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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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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Stevens, Dallal. "Asylum seekers and the right to access health care." Northern Ireland Legal Quarterly 61, no. 4 (March 11, 2020): 363–90. http://dx.doi.org/10.53386/nilq.v61i4.460.
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In recent years, the issue of access to health care by asylum seekers has raised serious questions for government, the courts and the medical profession. Who has the right to medical treatment in the United Kingdom is a political, humanitarian and human rights matter. For the government – often facing public hostility towards asylum seekers and migrants, fearful of health tourism or “pull factors” to the UK, and confronting burgeoning financial constraints – access to treatment is often regarded as a concession rather than a right. For the courts, any decision to grant treatment to non-nationals, particularly those with no right to remain, is seen as having political implications far beyond the needs of the individual. The medical profession, by contrast, prefers in the main to focus on the patient, without regard for immigration status, and is uncomfortable with a dual role. Where the balance should lie is currently being assessed by government as it considers responses to a consultation paper on Review of Access to the NHS by Foreign Nationals. At this timely point, this article offers a multidisciplinary approach to the question of access to health care by asylum seekers, by examining not only the legal position but also government policy, its impact on the individual, and, significantly, the ethical and philosophical arguments pro or contra treatment. It is contended that only through this comprehensive analysis can an appropriate legislative approach be adopted at a time when this critical social right is gaining ascendance.
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Li, Zehua. "The Relationship between UK’s Refugee Legislation and Policies and the Welfare of Refugees." Journal of Education, Humanities and Social Sciences 8 (February 7, 2023): 1390–95. http://dx.doi.org/10.54097/ehss.v8i.4492.
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The aggregate of refugees to the UK has been on a sharp increase during recent years. Such a rise would put a strain on government expenditures. This substantial investment in refugees may result in the current limited refugee policy. Therefore, this paper focuses on those limited refugee policies and illustrates how they impact the welfare of refugees by collecting interviews and government documents from the point of view of refugee applications, refugee education, and refugee employment policy. From the research, the so-called "benefiting refugee" policy—Rwanda initiative not only denies refugees their right to asylum but also threatens their personal safety; the unsuitable and stricter education policy has not met the required education level for refugee children; the unfair employment policy for the majority of asylum seekers and would have a negative effect on their near future (after getting refugee status).
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Mohammadi, Sina. "Latino and Central American Asylum Seekers in the United States of America During the Trump Administration." Cuestiones Políticas 38, Especial (October 25, 2020): 406–20. http://dx.doi.org/10.46398/cuestpol.38e.27.
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The purpose of the article was to examine the Trump administration's asylum policy applied to Central American and Latino applicants. The United States has grappled with refugee problems in recent decades, and in 2018 Trump signed an executive order to detain families seeking to immigrate to the United States without separating from one another. With this decree, a new approach was formed in the policy of the United States government, which emphasizes the severe restrictions on the entry of asylum seekers and immigrants. In the methodological, it is a documentary research close to hermeneutics. It is concluded that, although the United States government has cited security concerns as an excuse to restrict the entry of asylum seekers, especially Latinos from Central American countries, this political approach is in conflict with the national legislation of the United States that stipulates that any citizen Foreigner arriving at any point along the US border, or at official exit points, has the right to apply for asylum. Furthermore, the implementation of such a policy is contrary to the end of the 1951 Convention, which focuses on the protection of refugees without distinction.
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Murray, Sally B., and Sue A. Skull. "Hurdles to health: immigrant and refugee health care in Australia." Australian Health Review 29, no. 1 (2005): 25. http://dx.doi.org/10.1071/ah050025.
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Refugees and asylum seekers face a number of barriers to accessing health care and improved health status. These include language difficulties, financial need and unemployment, cultural differences, legal barriers and a health workforce with generally low awareness of issues specific to refugees. Importantly, current Australian government migration and settlement policy also impacts on access to health and health status. An adequate understanding of these ?hurdles to health? is a prerequisite for health providers and health service managers if they are to tailor health care and services appropriately. We include tables of available resources and entitlements to health care according to visa category to assist providers and managers.
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Gerard, Alison, and Leanne Weber. "‘Humanitarian borderwork’: Identifying tensions between humanitarianism and securitization for government contracted NGOs working with adult and unaccompanied minor asylum seekers in Australia." Theoretical Criminology 23, no. 2 (January 4, 2019): 266–85. http://dx.doi.org/10.1177/1362480618819814.
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This article challenges the common assumption that non-government organizations (NGOs) are ‘natural allies’ to asylum seekers in transforming borders from below by examining theories of humanitarianism within the context of securitization. Our article examines the theoretical and policy implications of the ‘humanitarian borderwork’ of NGOs, defined as practices that contain a security logic that construct, shift and erase internal and external borders. Our case study explores the involvement of government contracted NGOs in the delivery of services to adult and unaccompanied minor asylum seekers on the community detention and release programme in Australia. Documentary analysis of policy and contractual arrangements informing the establishment of community detention and release is supplemented by key informant interviews with government officials and service providers. We analyse the contradictory tensions that exist between humanitarian objectives that seek to ‘transform borders from below’ and governmental security imperatives that tend to co-opt agencies and limit their ability to achieve humanitarian aims. Based on the case study presented, we illustrate how the ‘humanitarian borderwork’ of NGOs can shape the translation of government power and contribute to the government agenda of border securitization.
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Waite, Louise. "Asylum Seekers and the Labour Market: Spaces of Discomfort and Hostility." Social Policy and Society 16, no. 4 (May 31, 2017): 669–79. http://dx.doi.org/10.1017/s1474746417000173.
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This article examines the relationship in the UK between asylum-seeking and the labour market. Since 2002, asylum-seekers have not been allowed to work unless they have waited over twelve months for an initial decision on their asylum claim. This policy change occurred as employment was considered a ‘pull factor’ encouraging unfounded asylum claims. Despite not having the right to work, asylum-seekers – and especially those whose applications for refugee status have been refused by the UK government – interact with the labour market in manifold ways. Drawing on an ESRC-funded study in the UK's Yorkshire and Humber region and related studies, this article argues that both asylum-seekers and refused asylum-seekers form a hyper-exploitable pool of ‘illegalised’ and unprotected workers. As a vital part of their survival terrain, work is largely experienced as for-cash labouring in low-paid labour market sectors where the spectre of exploitation and even ‘modern slavery’ are perpetual threats. Recent policy shifts are deepening such threats through creating increasingly ‘uncomfortable’ and ‘hostile’ environments for certain categories of migrants.
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Risfina, Almirah Meida, Amirul Haqi, and Hafidhuddin Rosyad. "Government Policy in Handling Rohingya Refugees Based on Maṣlaḥah Mursalah Perspective." Islamica: Jurnal Studi Keislaman 18, no. 2 (May 10, 2024): 75–94. http://dx.doi.org/10.15642/islamica.2024.18.2.75-94.
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This research aims to analyze the Indonesian government's policy towards Rohingya refugees based on the maslahah mursalah perspective. Various polemics that occurred due to the continuous influx of refugees, giving rise to a negative stigma in society. This research uses a descriptive analysis method based on data sources in the literature review. The result shows that the Indonesian government's policy towards Rohingya refugees is appropriate based on the maṣlaḥah mursalah perspective. Therefore, efforts that Indonesia can make are to fulfill the rights of the Rohingya people only when they become refugees or asylum seekers in Indonesia. Rights that can be fulfilled as maṣlaḥah include: 1) freedom of religion, the right to live and be free from fear (maintenance person) in this case Indonesia has built an Integrated Community Shelter as a place to live for Rohingya refugees and built a mosque or place of worship for Rohingya ethnic Muslims named the Arakan’s mosque; 2) Fulfilling the guarantee of safety, guaranteeing human honor; 3) The right to maintain one's tribe or ethnicity, the right to marriage to raise offspring; 4) The right to education (maintenance of mind); 5) The right to obtain a decent living by being given the opportunity to earn a living (property maintenance).
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Suryani, Desak Sinta Putu, and Abdul Razaq Cangara. "National Identity and Migration Policy Dynamics: Analysing the Effect of Swedish National Identity on Its Granting Asylum Policy to Syrian Refugees in 2013." Hasanuddin Journal of Strategic and International Studies (HJSIS) 1, no. 1 (December 28, 2022): 1–16. http://dx.doi.org/10.20956/hjsis.v1i1.24804.
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The Syrian conflict in 2011 has inevitably led to the massive forced migration of asylum seekers and refugees. Most of them fled to neighbouring and several countries in Europe. As a result of the European Union (EU) 's open border policy, their influx into Europe was reckoned a problem for many European countries due to increasing crimes and threats to its members' national security. Some European Union countries chose to be cautious by refusing or only providing financial assistance. Contrastingly, as an EU member state, Sweden received thousands of Syrian refugees until 2013. On October 3, 2013, the Swedish government announced an asylum policy of guaranteed housing provision and the right to bring families to Syrian asylum seekers until they obtain UNHCR refugee status. Such granting asylum policy to Syrian refugees shows differences in the identity of social security construction both in the society and its decision-makers compared to other EU countries. This article exposes the identity influence on the Swedish government's decision to grant asylum to Syrian refugees in 2013. This article employs the "aspirational constructivism" theory by Anne Clunan, arguing that a state's policy is based on a national identity sourced from society's historical reflections and the political elite's future aspirations. This article finds that Swedish society's history experienced cultural homogenization, known as a multicultural country, and the Social-Democracy and folkhemmet ("Home for the People") idea of the political elites resulted in the granting of asylum policy to Syrian refugees in October 2013.
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Klaus, Witold. "Security First: The New Right-Wing Government in Poland and its Policy towards Immigrants and Refugees." Surveillance & Society 15, no. 3/4 (August 9, 2017): 523–28. http://dx.doi.org/10.24908/ss.v15i3/4.6627.
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The so called refugee crisis in 2015 coincided with the Polish parliamentary electoral campaign. The effect of it was – for the first time in Poland – the introduction of migration policy to the political agenda of the right-wing and populist political parties on a massive scale. They presented migration as an issue of security – both national and cultural, direct and symbolic. The new government, acting since the end of 2015, included immigration and asylum issues into their political programme as a key element of national security. Their discourse about refugees is usually based on the differentiation: us and them. And “them” are pictured as evil, dangerous, Muslim terrorists.
The new government and its authoritarian style of governing has introduced a number of initiatives designed to deprive individuals of immigrant rights (like in the new so-called Antiterrorist Act from the mid of 2016, based on which every foreign citizen could be put under surveillance without any court control) or to stop refugee influx on the Polish territory in any way – directly from their country of origin (new amendments to asylum law are trying to introduce border and accelerated procedures) or under the UE resettlement and relocation programme (Poland is one of 3 EU Member States – along Hungary and Austria – that hasn’t relocated anyone).
In this paper I will present in more detail the legal changes described above, their consequences and the so-called rationalities presented by the government.
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Trew, Sebastian, Jen Couch, Jillian Cox, and Vivien Cinque. "“We Were Already in Lockdown”: Exploring the Impact of the COVID-19 Pandemic on Asylum Seekers and Refugees in Australia—Mental Health, Social Isolation, Abandonment, and Financial Precarity." Health & Social Care in the Community 2023 (November 24, 2023): 1–10. http://dx.doi.org/10.1155/2023/6650961.
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The aim of this study was to give a voice to people from asylum seeker and refugee backgrounds in Australia during the COVID-19 pandemic and to explore their perspectives concerning their experiences of everyday life. The findings highlight the impacts the pandemic had on these groups, how it exacerbated existing vulnerabilities, worsened mental health, increased social isolation, affirmed a sense of abandonment, and heightened financial precarity. The study adhered to a social constructivist approach. It used a qualitative methodology guided by a narrative research approach. Semistructured in-depth interviews with thirteen participants were thematically analyzed to generate a global theme and subthemes. For people from asylum seeker and refugee backgrounds in Australia, the government-mandated lockdown measures led to increased feelings of loneliness and loss of social support networks, reduced access to public spaces, and limited engagement in face-to-face activities and opportunities for socializing and maintaining mental well-being. The pandemic intensified domestic partner violence incidents and financial stress emerged as a major concern. Participants lost or had reduced employment, and many were ineligible for government financial support. These challenges intersected with preexisting hardships which contributed to feelings of abandonment. Based on the findings, implications include the need for inclusive policies and targeted healthcare support, measures to prevent and respond to partner violence, and inclusive financial assistance schemes that address the unique needs of people from asylum seeker and refugee backgrounds in Australia. Further research is needed to inform therapeutic supports and trauma-informed services for these groups.
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Kapitsyn, Vladimir M., and Alexander E. Shaparov. "Foreign-culture immigrants in Denmark's political agenda." VESTNIK INSTITUTA SOTZIOLOGII 12, no. 4 (2021): 42–66. http://dx.doi.org/10.19181/vis.2021.12.4.749.
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This article examines the political discourse on foreign-culture immigrants, that forms the agenda of the Danish government. The difficulties of integrating migrants increase with the influx of asylum seekers and family reunification, when the rate of their admission exceeds the rate of naturalisation (absorption) of diasporas, that Danes see as a threat to social cohesion. A “preventive” immigration policy has emerged, demonstrating significant restrictions that reduce the influx of refugees. The discourse of restrictive policy supported by the electorate determined the government's agenda based on agreements between the center-left Social Democratic Party, the center-right Liberal Party of Wenströ, and the far-right Danish National Party (DNP) with its anti-immigrant agenda. At the same time, the ruling parties, weakening the support of the extreme right-wing parties, "intercept" the provisions of the DNP programme. Restrictions on the political agenda concern mainly foreign-culture immigrants: strict regulation of the admission of asylum seekers, granting a residence permit, family reunification, initial distribution to municipalities and resettlement of immigrant "ghettos". This is combined with the education of immigrants based on the values of social cohesion, work for the welfare state, and the inclusion of immigrant children in educational institutions. The discourse also includes the issues of deportation of immigrants, including asylum seekers, who commit crimes, the detention of asylum seekers not in Denmark and the EU countries, but in third countries that the government intends to make special agreements with. Taking into account the difficulties of returning refugees to the countries of origin, even if life there has become safer, this option is considered the most optimum, and appropriate work is being carried out in this direction. The EU leadership condemns such a policy, but in the conditions of the weakness of its immigration policy, legal collisions, as well as the weakening of the solidarity of the Union members, there is no political opportunity from the outside to forcibly adjust the Danish state policy. In other EU countries, Denmark's preventive restrictive policy can be perceived as a positive model for the reception and integration of refugees of other cultures. The Danish experience is also useful for Russia, where problems arise in working with foreign-culture diasporas. In addition, such restrictive policies are helping to strengthen mobilisation mechanisms to combat the COVID-19 pandemic.
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Chomariyah, Chomariyah. "NEEDED TO REGIONAL COOPERATION TO COMBAT PEOPLE SMUGGLING IN INDONESIAN WATERS." Hang Tuah Law Journal 1, no. 2 (June 4, 2018): 196. http://dx.doi.org/10.30649/htlj.v1i2.30.
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People smuggling is a growing global crime that exposes thousands of migrants to unacceptable risks and challenges the integrity of international borders. In the last two decades, globalization and conflicts have seen an increase international migration flows. People smuggling is not a new phenomenon in Indonesia. It has developed steadily over the last 10 years in response to the increased demands of asylum seekers and refugees attempting to reach Australia by boat. Among the convicted people smuggling organizers are a number of rejected asylum seekers who stayed on in Indonesia for years. Some smugglers are former refugees but now hold Australian citizenship, granted to them after regular resettlement. Indonesia recorded nine boat accidents involving 728 asylum seekers in 2012, while in the following year the number rose to 23 involving 615 victims. Operation Sovereign Borders and they turn-back-the-boats policy from Australia, from December 2013 to March 2014, there were seven occurrences of boats being turned back to Indonesian waters. The result of research show that first, Indonesian government need regional cooperation to handling treated people smuggling in Indonesian waters. Regional cooperation would be a win-win solution for both countries. And second, the regional cooperation should be in line with prevailing Indonesian legislation
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Pollard, Christina, Janette Lewis, and Margaret Miller. "Start Right–Eat Right Award Scheme: Implementing Food and Nutrition Policy in Child Care Centers." Health Education & Behavior 28, no. 3 (June 2001): 320–30. http://dx.doi.org/10.1177/109019810102800306.
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The Start Right–Eat Right award scheme implemented in Western Australia has been used to provide the incentive to bring about improvement in food service in line with government policy and regulations in the child care industry. Theories of organizational change were used to identify processes and strategies to support the industry in translating policy into practice. A baseline survey of food service management practices, as well as process evaluation, informed action and identified barriers. Impact evaluation demonstrated that the award scheme could bring about improvements in the quality of food service; 80% of centers made changes to their menus as a result of participating. Two years postlaunch, 40% of centers have registered in the scheme. The diffusion of innovation theory is used to explain uptake and discuss results. The success of the scheme was based on four factors: an understanding of the industry, collaboration between the child care industry and government, supporting resources, and incentives.
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Paxton, Georgia A., Pete C. G. Spink, Margaret H. Danchin, Lauren Tyrrell, Chelsea L. Taylor, Susan Casey, and Hamish R. Graham. "Catching up with catch-up: a policy analysis of immunisation for refugees and asylum seekers in Victoria." Australian Journal of Primary Health 24, no. 6 (2018): 480. http://dx.doi.org/10.1071/py17049.
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This study examines catch-up immunisation for people of refugee-like background in Victoria, exploring effective models of service delivery to complete catch-up vaccinations. The analysis is based on: (i) review of the medical literature, Commonwealth and Victorian government immunisation policy and immunisation patient information; (ii) review of vaccination coverage and service delivery data; and (iii) stakeholder interviews completed in 2014 with 45 people from 34 agencies, including 9 local government areas in Victoria. Although refugees and asylum seekers all need catch-up vaccinations on arrival, they face significant barriers to completing immunisation in Australia. Analysis suggests missed opportunities by service providers and perceptions that catch-up vaccination is time-consuming, difficult and resource-intensive. Service delivery is fragmented across primary care and local government, and pathways depend on age, location and healthcare access. There are strengths, but also limitations in all current service delivery models. Gaps in vaccine funding for refugee-like populations have now been addressed through Commonwealth initiatives, however migration is still not well considered in immunisation policy, and existing systems for notification payments do not capture catch-up vaccination for these groups. Providers identify areas for improvement in professional development and support, patient information, patient-held records and immunisation surveillance data.
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Prathama Pardamean Hutauruk, Kristofel Aditya, Ahmad Redi, and Suparno Suparno. "Selective Policy in Handling Illegal Immigrants." Jurnal Indonesia Sosial Sains 4, no. 05 (May 25, 2023): 425–31. http://dx.doi.org/10.59141/jiss.v4i05.814.
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The weak legal position of the Indonesian state in tackling the problem of illegal immigrants has resulted in the Indonesian state no longer being a transit country for illegal immigrants from the Middle East to Australia but has become a destination country because the people in Indonesia are known to be friendly and welcoming in dealing with illegal immigrants who later became destination countries with the target of seeking political asylum, human smuggling agents deliberately made Indonesia a destination country for people smuggling. Various efforts have been made by obligated parties, such as the Police institution. The steps taken by the National Police so far have been to arrest illegal immigrants and smugglers, but the investigation process does not use the Special Law, but the Migration Law, so the results obtained do not show significant changes. After Indonesia's independence, Indonesia did not implement the previous policy, namely the "open door policy"; which is considered no longer appropriate. Therefore the Government of the Republic of Indonesia issued a new policy, namely a selective policy that allowed the entry of foreigners only according to their needs and provided benefits for the development of the State and the Government of the Republic of Indonesia.
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Braaten, Claire Nolasco, and Daniel Braaten. "Suffer the Little Children to Come: The Legal Rights of Unaccompanied Alien Children under United States Federal Court Jurisprudence." International Journal of Refugee Law 31, no. 1 (March 2019): 55–82. http://dx.doi.org/10.1093/ijrl/eez017.
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Abstract This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary departure, during asylum proceedings, when rearrested after release, and while released pending immigration proceedings. According to the US federal courts, the government must grant unaccompanied minors procedural due process if it denies their release to the custody of an available and willing legal custodian. Case law examining the rights of UAC prior to voluntary departure emphasizes the need to grant them the opportunity to consult with a responsible adult, including a lawyer from a free legal services list that should be provided to them. Federal courts have also tackled various procedural issues concerning asylum claims filed by UAC. These include the right of third parties to custody of the unaccompanied minor, the minority age at the time of the asylum application, and the right of UAC to request consent for a state juvenile court’s jurisdiction prior to applying for Special Immigrant Juvenile status. In removal proceedings against UAC, federal courts have elaborated on the scope and meaning of the right to counsel and the right to a bond rehearing upon their rearrest because of allegations of gang membership. Finally, federal courts have also examined issues concerning the rights of UAC while detained in ORR facilities and while in US territory. These include the right of an unaccompanied alien child to terminate a pregnancy while in ORR custody and the right not to be subjected to physical and sexual abuse while placed in a detention facility.
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Slattery, Kate. "Drowning Not Waving: The ‘Children Overboard’ Event and Australia's Fear of the other." Media International Australia 109, no. 1 (November 2003): 93–108. http://dx.doi.org/10.1177/1329878x0310900110.
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The last few years have been an awakening time for the people, communities and governments of the global village. Escalating problems in the Middle East, global economic uncertainty and an increase in asylum seekers, refugees and migration worldwide have reignited tensions involving boundaries and borders, both geographical and cognitive. One event which highlighted these tensions in Australia, and which was given much media coverage, was the ‘children overboard’ event in October 2001. Utilising a selection of print news coverage of the event, this paper explores how the ‘children overboard’ event demarcated national identities and spaces through the construction and representation of ‘good’ Australian citizens and ‘bad’ asylum seeker ‘others’. Specifically referring to ‘children overboard’ as an ‘event’, I seek to highlight the constructed and representational nature of ‘children overboard’ as a media story and political tool, one which promoted a continuing threat of ‘others’ to the nation in order to gain support for government policy and legitimize national security, and in so doing creating a model of Australian citizenship and identity based upon fear.
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Ballsun-Stanton, Brian, Lise Waldek, and Julian Droogan. "Online Right-Wing Extremism: New South Wales, Australia." Proceedings 77, no. 1 (April 27, 2021): 18. http://dx.doi.org/10.3390/proceedings2021077018.
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Academics and policymakers recognize the absence of empirically grounded research to support the suppositions on which terrorist focused policies are based. (Sageman, Marc. 2014. “The Stagnation in Terrorism Research”. Terrorism and Political Violence 26 (4): 565–80) We developed our project, Mapping Networks and Narratives of Online Right-Wing Extremists in New South Wales, (Department of Security Studies and Criminology. 2020. Mapping Networks and Narratives of Online Right-Wing Extremists in New South Wales. https://doi.org/10.5281/zenodo.4071472) to illuminate this space. Using the analysis of large-scale online data to generate evidence-based insights into online Right-Wing Extremism (RWE) across the state, our research focused on four key questions: (1) What is the nature of the online RWE environment in New South Wales, Australia (NSW)? (2) How is this movement distributed across NSW? (3) How are themes and narratives framed in different online contexts to mobilize support? (4) What level of risk does the online right-wing environment pose? These questions were left purposely broad to facilitate an exploratory project into what was, in 2018–2019, still a relatively little studied milieu. We combined expertise from computational science, security studies, and behavioral science. We were funded by the Department of Communities and Justice, NSW. We identified two distinct—yet connected—levels of risk. The first was a creeping threat to democracy fueled by networks and content that challenged the fundamental principles of pluralistic liberal democracy. The second was a risk of violence perpetrated by individuals and/or groups that advocate and/or support the use of violence as a tactic to achieve an ideological end. The communities we examined were primarily characterized by networks of individuals as opposed to formal groups. The role played by individual influencers has important ramifications for policy communities: attention should be paid to issues of proscription and moderation. While this milieu engaged with Australian issues and events, it was notably far more obsessed with American issues: particularly those focused on populist narratives and Trumpism. Despite being hateful and extreme, online RWE communities are, firstly, spaces of sociability for users, where social networks are maintained by shared values and norms. For those involved, these spaces engender positive experiences: individuals might share an image of their dinner cooking in their kitchen interspersed with “shitposting” and virulent hate speech. While we identified a variety of narratives that focused on the delegitimization of government and dehumanization of others, the central theme was that of “white identity under threat”. We observed five distinct stages of moderation approach and echo chamber strength. A series of issues for future consideration were identified from the analysis: (1) Awareness raising for key stakeholders across different levels of government and civil society about the revolutionary and anti-social agenda of RWE communities. (2) Building awareness about the civic underpinnings of representative liberal democracy and the threat that RWE poses. (3) Expanding current Countering Violent Extremism infrastructure provided by the NSW government to individuals and communities vulnerable to right wing extremism. (4) The local government is well positioned to deliver programs in rural communities impacted by RWE. (5) Upskilling front-line workers to recognize the risks associated with RWE, and providing pathways into CVE intervention programs for individuals identified as being at-risk.
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Lipold, Patrycja. "W kierunku państwa przyjaznego migrantom – polityka imigracyjna niemieckiego rządu w 2022 roku." Rocznik Polsko-Niemiecki, no. 31 (November 30, 2023): 12–40. http://dx.doi.org/10.35757/rpn.2023.31.01.
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The aim of the article is to examine the actions taken by the government of the SPD--FDP-Greens in Germany as part of the migration policy towards foreigners, both arriving in and residing in the country. The work is intended to clarify whether these decisions were part of the multicultural model of immigration policy. The article analyzes the activities of the government, the intention of which was to regulate the stay and introduce facilitations in terms of coming to Germany, and points to the consequences of this policy. The government’s actions included, among others: continuation of the voluntary resettlement programme, joining the group of countries voluntarily accepting migrants, easing the requirements in the procedure of granting citizenship, introducing the right of occasional residence for tolerated persons, shortening the duration of the asylum procedure and not introducing regular border checks on sections of the border that were exposed to high migration pressure. They resulted in an increase in migration pressure to Germany and a large number of applications for international protection.
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Nicholls, Rob. "Reform in Australia: A Focus on Informed Consent." Global Privacy Law Review 3, Issue 3 (September 1, 2022): 177–89. http://dx.doi.org/10.54648/gplr2022018.
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This article analyses the Australian privacy framework in the context of both the Australian Competition and Consumer Commission’s Digital Platforms Inquiry (DPI) and the Consumer Data Right (CDR). This analysis extends to informed consent and attitudes to unfairness and unconscionability. The article offers potential solutions to the current patchwork approach which go further than the Government response to the DPI. It argues that the Australian Government’s response is not an adequate response nor a set of suitable solutions to the problem. The article proposes a two-pronged approach that recognizes the urgency of the issue through the suggestion of a series of ‘quick policy wins’ that will result in more meaningful and effective protection for consumers and further systemic, long-term recommendations for change that can be achieved through policy development, further consultation and integration with other existing legislation. The quick policy wins centre on three specific changes, including definitional updates, content and structure of online standard form agreements and enforcement, penalties and sanctions, and long-term solutions. The long-term solutions are proposed to include regulation of website design, better integration of the laws, regulators and enforcement bodies, a faster, more consistent pace of policy review and recognition of the societal and human benefit of informed consent to online standard form agreements. Australia, Digital Platforms, Consumer Data Right, Informed Consent, Reform
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Ody, Jessica. "Asylum Seeker’s Access to Education- A Humanitarian Crisis in Israel." Deusto Journal of Human Rights, no. 10 (December 11, 2017): 113. http://dx.doi.org/10.18543/aahdh-0-2012pp113-122.
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<p>This article seeks to examine African refugees and asylumseekers access to education in urban areas in Israel. It is based upon nine months of research in Tel Aviv between July 2011- March 2012 and is unique in its attempt to understand education access in an urban, developed humanitarian context. Mass Migration to Israel via the Sinai desert has posed a challenge to Israel’s jus sanguinis immigration policy and the government’s insensitive approach to the delivery of protection to those who are supposed to receive it has created a humanitarian crisis in a developed OECD nation. This paper offers a cross- cutting critical analyses on the provision of education on the basis that it is a basis right and core component of social protection and development. Children, Youth, and adult asylum seeking and refugee learners’ access to education in Israel will be discussed. Lastly the paper endeavors to offer academia, international agencies, national policy makers and NGOs a clearer picture of the challenges that asylum-seekers face in accessing education in addition to a series of tools and strategies that partners, and relevant government agencies can use in order to improve, monitor and evaluate existing services.</p><p><strong>Published online</strong>: 11 December 2017</p>
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Saputra, Fahrizal, Eva Achjani Zulfa, and Stanislaus Riyanta. "Indonesia as a Transit State in Handling Overseas Refugees from the Aspect of Immigration Policy." Journal Transnational Universal Studies 2, no. 5 (July 1, 2024): 288–304. http://dx.doi.org/10.58631/jtus.v2i5.104.
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Indonesia is a key transit country for refugees in Southeast Asia, particularly for those aiming to reach Australia. Despite not having ratified the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, Indonesia continues to see an increasing number of refugees due to global geopolitical conditions. This increase is not matched by a corresponding increase in refugee absorption quotas by Convention countries. Consequently, Indonesia faces a significant challenge as the number of incoming and transiting refugees exceeds those leaving. The successful handling of Vietnamese refugees over a period of almost 25 years now seems difficult to replicate, with only 13% of foreign refugees and asylum seekers resolving their cases through resettlement or repatriation since 2004. This study aims to analyze Indonesia's immigration policies and their effectiveness in managing the current and uncertain future of foreign refugees. By examining these policies, the study seeks to understand the measures taken by the Indonesian government to address the challenges posed by its position as a transit country.
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Jufri, Modhy Mahardika. "VIOLATIONS OF INTERNATIONAL LAW BY THE GOVERNMENT OF AUSTRALIA IN PRACTICE OF TURN BACK THE BOAT MANAGEMENT POLICY FOR ASYLUM SEEKERS." Indonesian Journal of International Law 14, no. 2 (January 1, 2017): 205. http://dx.doi.org/10.17304/ijil.vol14.2.688.
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Solodoch, Omer. "Regaining Control? The Political Impact of Policy Responses to Refugee Crises." International Organization 75, no. 3 (2021): 735–68. http://dx.doi.org/10.1017/s0020818321000060.
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AbstractIn response to the political turmoil surrounding the recent refugee crisis, destination countries swiftly implemented new immigration and asylum policies. Are such countercrisis policies effective in mitigating political instability by reducing anti-immigrant backlash and support for radical-right parties? The present study exploits two surveys that were coincidentally fielded during significant policy changes, sampling respondents right before and immediately after the change. I employ a regression discontinuity design to identify the short-term causal effect of the policy change on public opinion within a narrow window of the sampling period. The findings show that both Swedish border controls and the EU–Turkey agreement significantly reduced public opposition to immigration in Sweden and Germany, respectively. In Germany, support for the AfD party also decreased following the new policy. Public opinion time trends suggest that the policy effects were short lived in Sweden but durable in Germany. These effects are similar across different levels of proximity to the border and are accompanied by increasing political trust and a sense of government control over the situation. The findings have implications for understanding the impact of border controls on international public opinion, as well as for assessing the electoral effect of policy responses to global refugee crises.
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LESMONO, DHARMA, and ELLIOT TONKES. "STOCHASTIC DYNAMIC PROGRAMMING FOR ELECTION TIMING: A GAME THEORY APPROACH." Asia-Pacific Journal of Operational Research 23, no. 03 (September 2006): 287–309. http://dx.doi.org/10.1142/s0217595906000942.
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In this paper, we consider dynamic programming for the election timing in the majoritarian parliamentary system such as in Australia, where the government has a constitutional right to call an early election. This right can give the government an advantage to remain in power for as long as possible by calling an election, when its popularity is high. On the other hand, the opposition's natural objective is to gain power, and it will apply controls termed as "boosts" to reduce the chance of the government being re-elected by introducing policy and economic responses. In this paper, we explore equilibrium solutions to the government, and the opposition strategies in a political game using stochastic dynamic programming. Results are given in terms of the expected remaining life in power, call and boost probabilities at each time at any level of popularity.
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Amarasena, Lahiru, Karen Zwi, Nan Hu, Raghu Lingam, and Shanti Raman. "Changing landscape of paediatric refugee health in South Western Sydney, Australia: a retrospective observational study." BMJ Open 13, no. 10 (October 2023): e064497. http://dx.doi.org/10.1136/bmjopen-2022-064497.
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ObjectivesTo examine the changing health needs of refugee children and young people (CYP) entering Australia, in relation to key government policy changes.Study designRetrospective analysis of health service use data over 11 years.SettingPaediatric refugee clinics in South Western Sydney (SWS), the Australian region with the largest annual resettlement of refugees.ParticipantsRefugee CYP (≤25 years) attending the SWS paediatric refugee clinics for their first visit between 2009 and 2019.MeasuresClinician defined health conditions categorised as communicable and non-communicable disease (NCD).ResultsData were analysed for 359 CYP, mean age 9.3 years; 212 male (59.1%). Most CYP (n=331, 92.2%) had health problems identified; 292 (81.3%) had ≥1 NCD and 24 (6.7%) had ≥1 communicable disease. The most frequent individual NCDs were dental disease (n=128, 35.7%) and vitamin D deficiency (n=72, 20.1%). Trend analysis showed increased odds of identifying an NCD from 2013 onwards (crude OR 1.77, 95% CI 1.06 to 2.96). Neurodevelopmental problems, especially Global Developmental Delay (n=31, 8.6%), emerged as more prevalent issues in the latter half of the decade. There were significantly increased odds of identifying a neurodevelopmental problem in 2016–2019, especially in 2016–2017 (adjusted OR 2.93, 95% CI 1.34 to 6.40). Key policy changes during this period included acceptance of refugees with disabilities from 2012, additional Australian Humanitarian Programme intake from the Eastern Mediterranean region and mandatory offshore processing for those seeking asylum by boat from 2013. In response to the changing needs, local health services adopted nurse-led primary healthcare screening, early childhood services, youth and disability clinics.ConclusionsRefugee CYP in Australia are presenting with a growing burden of NCDs, with neurodevelopmental problems contributing. Government policy changes affect the sociodemographics of resettled populations, influencing health profiles. Paediatric refugee health services need to be responsive to the changing needs of these populations to optimise well-being.
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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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Gibson, Chris. "“Muting” Neoliberalism? Class and Colonial Legacies in Australia." Human Geography 6, no. 2 (July 2013): 54–68. http://dx.doi.org/10.1177/194277861300600205.
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Australian governments of left and right persuasions have seemingly embraced elements of the neoliberal agenda, as in many other parts of the world; but exactly how deeply these have been enacted, and how transformative they have been, must be understood in relation to key colonial, geographical and cultural inheritances. These inheritances include the hegemony of central government stewardship of the economy (essential in a colonized, sparsely populated continent of almost unmanageable scale), a long tradition of social democratic regulation, and cultural expectations of socio-spatial equality. Neoliberal policy projects have been “muted” by on-going equality claims, and some progressive “wins” in the social democratic mould have been forthcoming, even while governments have espoused the ascendancy of the market. Nevertheless, neoliberal policy moves have been most starkly felt in worsening income inequalities – where the evidence is unambiguous of a direct threat to the Australian egalitarian ethos.
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Phillips, Jane L., Patricia M. Davidson, Debra Jackson, Linda Kristjanson, Margaret L. Bennett, and John Daly. "Enhancing palliative care delivery in a regional community in Australia." Australian Health Review 30, no. 3 (2006): 370. http://dx.doi.org/10.1071/ah060370.
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Although access to palliative care is a fundamental right for people in Australia and is endorsed by government policy, there is often limited access to specialist palliative care services in regional, rural and remote areas. This article appraises the evidence pertaining to palliative care service delivery to inform a sustainable model of palliative care that meets the needs of a regional population on the mid-north coast of New South Wales. Expert consultation and an eclectic literature review were undertaken to develop a model of palliative care service delivery appropriate to the needs of the target population and resources of the local community. On the basis of this review, a local palliative care system that is based on a population-based approach to service planning and delivery, with formalised integrated network agreements and role delineation between specialist and generalist providers, has the greatest potential to meet the palliative care needs of this regional coastal community.
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Streltsova, Yana R. "Features of Emmanuel Macron's Migration Policy." DEMIS. Demographic research 1, no. 1 (2021): 97–105. http://dx.doi.org/10.19181/demis.2021.1.1.11.
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During the migration crisis faced by Europe, European countries began to develop national strategies to solve the problems caused by the crisis. In this sense, the practice of modern migration policy of France is relevant, where despite the long history of immigration, the issues of integration of immigrants have not yet been fully resolved. Moreover, the country is forced to find answers to them in a situation of radicalization of society, caused, among other reasons, by the factor of the clash of different cultures and worldviews, to which the current migration policy has led. The article discusses the main directions of migration policy of Emmanuel Macron. It analyzes the policy statements of French president, as well as the laws and government decisions adopted in France in recent years, such as the Law “For controlled immigration, effective right of asylum and successful integration” (August 2018) and “20 measures to improve policy in field of Immigration, Asylum and Integration” (November 2019) which shape modern French migration policy. It is about the policy of France regarding the admission of refugees, student immigration, immigration on the status of “talents”, as well as professional and scientific personnel, the integration of immigrants. Attention is drawn to innovations related to introduction of quotas in labor immigration, as well as to strengthening cooperation with French citizens living outside France, expansion of French education system abroad. The article identifies the features of Macron’s migration policy which distinguish it from the measures taken earlier by his predecessors. It is about policy of admitting refugees, their access to health insurance, professional training, labor migration – the introduction of quotas, the expansion of preferences in student migration and in the status of “talents”. The projects of high importance for the President of France are projects aimed at strengthening France’s position worldwide in culture, education, science and business, and realizing the underestimated potential of compatriots abroad for this purpose as well.
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J. Mason, T., W. M. Lonsdale, and K. French. "Environmental weed control policy in Australia: current approaches, policy limitations and future directions." Pacific Conservation Biology 11, no. 4 (2005): 233. http://dx.doi.org/10.1071/pc050233.
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Plant invasions of natural systems threaten biodiversity and ecosystem processes across many biomes. Historically most plant invasions have been facilitated by human activities such as industry, transport and landscape modification. Consequently, both causes and management of weed invasion are dependent on human behaviour and management advice provided by ecologists needs to take account of this fact. This paper assesses current environmental weed control policy in Australia and asks: are government, land managers and the scientific community using available social levers to achieve optimal weed management? We do this by comparing aspects of weed policy with a generalized natural resource policy framework. Adequacy of issue characterization and policy framing are discussed with particular reference to public perceptions of the weed problem, policy scaling and defining policy principles and goals. The implementation of policy Instruments, including regulation, VOluntary incentives, education, Information, motivational instruments, property-right instruments and pricing mechanisms are reviewed. Limitations of current instruments and potential options to improve instrument effectiveness are discussed. Funding arrangements for environmental weed control are also reported: environmental weed invasion generally represents an external cost to economic markets which has resulted in relatively low funding levels for control operations. Finally, review and monitoring procedures in weed programmes and policy are addressed. Rigorous monitoring systems are important in effective, adaptive weed management where control techniques are continually refined to improve ecological outcomes. The utility of maintaining links between project outcomes and policy inputs along with methods of implementing appropriate monitoring are discussed.