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Boon-Kuo, Louise. "Migration policing in Australia and beyond". Phd thesis, Faculty of Law, 2011. http://hdl.handle.net/2123/8981.
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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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Mackinlay, Liz. "On-shore asylum seekers : an analysis of the Australian policy at end of 2001 /". [St. Lucia, Qld.], 2002. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16959.pdf.
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Hansford, Mai. "A tale of rights and wrongs: Stories and storytelling on the issue of asylum seeker boat arrivals to Australia". Thesis, The University of Sydney, 2017. http://hdl.handle.net/2123/16940.
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This thesis examines stories and storytelling about asylum seeker boat arrivals to Australia in 2009-2011. It aims to answer the questions ‘Who gets to be heard?’ and ‘What stories are told?’ on this issue. Research is undertaken in three different sites and focuses on two key incidents.The first site is with members of an activist public (in interviews) advocating for change to Australia’s treatment of asylum seekers. The second site is practices and newspaper articles of journalists in the media industry. The final site is in a space in-between, a site where the activists produce media releases to offer the group’s stories for inclusion in media portrayals. The logic that underpins the examination of the stories in the three sites in this study is the marriage of Symbolic Convergence Theory (SCT) (Bormann 1982) – to understand the stories and storytelling processes – with theories from public relations, social movements and media studies specific to individual sites. In addition, theories of power and hegemony are deployed to examine the relationships among the stories collected from the different sites. The key finding identifies a national story that dominates in the newspaper articles. However, the thesis also discerns three key alternative stories that emerge from the activists’ individual and public relations storytelling. Framing both the dominant national and the alternative stories are histories of racism, Australian nationalism and facticity. Despite marked differences in the stories in the three sites their underlying drivers are similar. The thesis illustrates the common yet different uses of themes of history, righteousness and connectedness.
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Browning, Julie. "States of exclusion : narratives from Australia's immigration detention centres, 1999-2003". University of Technology, Sydney. Faculty of Humanities and Social Sciences, 2006. http://hdl.handle.net/2100/441.
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This thesis interrogates immigration detention as a space of intricate ambivalence - one which seeks to exclude, but which is also entreated to protect. The focus is so-called ‘unauthorised’ asylum seekers detained both within Australia and offshore on the Pacific island of Nauru between 1999 and 2003 - when the numbers of detained asylum seekers reached its maximum and the government introduced offshore processing centres. Australia’s immigration detention regime sits awkwardly with the discourse of universal human rights and brings into sharp conflict two robust political values: the right of endangered people to seek refuge and the right of the nation to determine who will enter. Focusing on the experiences of detainees reveals immigration detention as a complex regime through which the state’s dominating power targets the stateless, non-white, male body. This targeting is intentional, serving to secure sovereign borders and to rearticulate the naturalised ties between the national population and the modern state. Immigration detention holds the seeker in a limbo that sets parameters for the seeker’s experience of ongoing and intensifying insecurity. It specifically and intentionally fractures the identity of detainees: masochistic actions and collective protests, from hunger strikes to breakouts, reflect the common currency of anxiety and violence. The creation of offshore camps was, in part, a response to ongoing protests within onshore detention and the failure of onshore detention to stop boat arrivals. My chief focus here is the largest Pacific camp, ‘Topside’, on the island of Nauru. Unlike the onshore detention centres where publicised protests and breakouts screamed of continuing detention of asylum seekers, those on Nauru were effectively silenced. The thesis explores purpose as inscribed within the body of the exile. To give up hope for asylum is to face the possibility of endless wandering and death. Mechanisms of resistance, whether explicit protest or more passive waiting, are parts of the continuing struggle by the detained against mechanisms of exclusion and exception. The detained carve out small openings to contest their exclusion and to reassert an identity as survivors. There is a complex and fluid interplay between such resistance and government policies aiming to silence protest and limit identity – and ultimately to deter all unauthorised boat arrivals.
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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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Kuosmanen, Jaakko Niilo. "Right to asylum and its protection". Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6454.
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The topic of this thesis is justice and asylum. The central argument in the thesis is that citizens of all states have a moral right that entitles them to asylum in certain circumstances of deprivation. The right to asylum can be understood as a general derivative right, and it is grounded in the more fundamental entitlement to basic needs. More specifically, I argue that all persons whose basic needs are insufficiently protected in their home states have the right to asylum when they cannot be assisted with other remedial instruments by the international community within a reasonable timeframe. By using the right to asylum as a normative evaluative standard, I also argue that the existing refugee protective institutions are morally unsatisfactory, and that a 'moral refugee regime' should be established to replace the current protective institutions. Then the questions becomes, what specific form these institutions should take. In the thesis I focus primarily on one institutional proposal, 'the tradable quota scheme', and its ethical dimensions. I defend the tradable quota scheme against several lines of criticism, and suggest that the scheme constitutes a normatively viable alternative for the existing institutional framework. Finally, I examine obligations in the protection of the right to asylum in circumstances of partial compliance. I conclude that the citizens of complying states have the obligation to 'pick up the slack' and assist those bearers of the right to asylum who are unjustly denied assistance by the non-complying states.
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Karlén, Anna. "The right to seek asylum and the common European asylum system". Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-127650.
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Essex, Ryan William. "Australian Immigration Detention: How Should Clinicians Respond?" Thesis, The University of Sydney, 2019. http://hdl.handle.net/2123/20642.
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Australian immigration detention violates human rights and international law. Clinicians and professional healthcare bodies have been central to its operation, both providing healthcare within detention centres and protesting its consequences. Since its introduction over 25 years ago and despite ongoing protest the government has continued to implement increasingly opaque and punitive policy. How should clinicians respond? This thesis sets out to challenge over 20 years of thinking on this topic, calling for a shift in how clinicians and professional bodies engage with Australian immigration detention. I argue that current responses to the health and healthcare needs of those detained are inadequate. I reject a boycott but call for such action to be seen within a broader strategy aimed at bringing about social and political change. I propose a theoretical base to inform such a stance, by appealing to social movement theory and other theories of social change. I demonstrate how such theory can be applied to inform systemic, social and political change, and I argue that clinicians and professional bodies should embrace this approach which includes employing forms of political action such as protest, disruption and civil disobedience.
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Kirby, Larry Joseph. "Sanctuary the right of asylum in the Corpus iuris canonici /". Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Mweni, Sabelo Kenneth. "The right to education of asylum seeker and refugee children". Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/27907.
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This research reviews the application of the law on the right of refugee children to education and the challenges inhibiting this right. Radical changes in the legal framework protecting refugee children's right to education has occurred since South Africa became a democratic state in 1994. The enactment of international law into the 1994 Constitution contributed into the protection of various children right and insured equal access into the education system. However, refugee children have been prejudiced in the right to access education based on numerous challenges. The lack of access education for refugee children is an unconstitutional practice in schools rather than a legislative injustice. This paper uses journal reports, newspaper articles, academic writing on both national and international perspective on the infringement of education rights on refugee children. The findings provide clarity on unconstitutional practices and the legal standpoint on such practices. The right to education constitutes a valuable foundation for integration. South Africa is obligated by both national and international law to provide immediate education to refugee children.
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López, Åkerblom Alicia. "Frontex and the right to seek asylum - A critical discourse analysis". Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23480.
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The European Union’s border control agency, Frontex, was established in 2004. Since its founding it has received ongoing critique from international human rights organizations stating that it prevents people from claiming their right to seek asylum. Therefore, the aim of this study is to understand how Frontex legitimizes its approach to the management of the union’s external borders in relation to the right to seek asylum. The theoretical framework of the thesis consist of Michel Foucault’s theories of power and knowledge structures in institutional discourse, which helps understand how the discourse is determined by power relations and consequently how Frontex legitimizes its work. A critical discourse analysis was conducted following Norman Fairclough’s three-dimensional model. The model consist of a text analysis, an interpretation and a contextualization of the text. The material analyzed is a report produced by Frontex to the Office of the United Nations High Commissioner for Human Rights.The results show that Frontex describes its relation to human rights with words that have a positive connotation such as ‘protect’ and ‘respect’, and at the same time aim to legitimize its work in technical terms of ‘development’ and ‘effectiveness’. The results indicate that the knowledge produced in the report dehumanizes migrants and asylum seekers in order for Frontex to treat migration as a legal and technical issue. Furthermore, Frontex partially legitimizes its work by regularly referring to the UN and other NGO’s while emphasizing their previous support of the institution’s work. These power relations influence how Frontex chooses to discursively legitimize its work in respect to human rights. The results of this study only reflect Frontex’s legitimization in the aforementioned report and cannot be generalized to the whole institution. However, it contributes to the knowledge which may improve the situation for those in need to exercise their right to seek asylum.
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Rogowicz, Eva. "Asyl- und Flüchtlingsrecht : ein Vergleich des materiellen Asyl- und Flüchtlingsrechts sowie ausgewählter Aspekte des Asylverfahrensrechts in den Ländern Deutschland und Polen unter Berücksichtigung der Entwicklung einer europäischen Asyl- und Flüchtlingspolitik /". Hamburg : Kovac, 2009. http://swbplus.bsz-bw.de/bsz288515331cov.htm.
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Quinn, Cheryl Jane. "Attributions towards 'illegal immigrants', 'refugees' and 'asylum seekers' in Australia /". Title page, contents and abstract only, 2001. http://web4.library.adelaide.edu.au/theses/09SSPS/09sspsq73.pdf.
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Murphy, Claire. "Asylum seeker policy in Australia: Sending refugees back to persecution". Thesis, Murphy, Claire (2014) Asylum seeker policy in Australia: Sending refugees back to persecution. Honours thesis, Murdoch University, 2014. https://researchrepository.murdoch.edu.au/id/eprint/23469/.
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Australia has shifted the way it conceives its international obligations under the Refugee Convention, calling into question its continuing viability as a protection instrument. The Refugee Convention was a progressive step towards the international recognition of human rights and justice. It invokes the key obligation of non-refoulement, which prohibits State Parties from returning a vulnerable person to a place where their life or security is threatened. The Refugee Convention must contend with state sovereignty, which is the integral right of states to control the entry and residence of those within their territories. In the last few decades, the Refugee Convention has been confronted by a number of major challenges. In the current climate, the principle of state sovereignty is in competition with the humanitarian goal of protecting refugees. When faced with asylum seekers at their borders, many States have adopted restrictive practices in order to evade their protection obligations. This indicates a clear preference for sovereignty at the expense of human rights. While historically committed to the Refugee Convention, the governments of Australia have since implemented a range of measures to deter refugees from seeking asylum. Of these, the most contentious include prolonged mandatory detention and offshore processing. These policies are a blatant violation of Australia’s obligations under the Refugee Convention, especially with respect to non-refoulement. It is clear that the Refugee Convention is not being honoured in the way that it once was. It will be argued that despite contemporary issues, the Refugee Convention’s key principle of non-refoulement is the most significant obligation for protecting refugees and remains highly significant.
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King, Ebony L. "Facilitating the resilience of unaccompanied asylum-seeking minors in Australia". Thesis, Griffith University, 2019. http://hdl.handle.net/10072/386544.
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In recent years, there has been an increase in the numbers of children and young people who are seeking asylum alone in ‘the West’, without the support of a parent or guardian. A growing body of research has found that unaccompanied asylum-seeking minors (UAMs) experience higher rates post-traumatic stress disorder (PTSD), depression and anxiety, as well as associated behavioural problems, compared to children who seek asylum with their parents. However, there is increasing recognition among scholars that whilst UAMs may be vulnerable, they are also resilient and capable agents in their lives. Literature focusing on UAM resilience has largely conceptualised resilience as an individual capacity to do well despite exposure to significant adversity. This thesis is the first study, to my knowledge, to approach the study of UAM resilience from a social-ecological theoretical perspective, whereby in contexts of adversity, resilience is both the capacity of individuals to navigate their way to health sustaining resources and a condition of the individual’s family, community, and culture to provide these health-promoting resources and experiences in culturally meaningful ways.
To explore this, in-depth and semi-structured interviews were conducted with 16 former UAMs and 18 key informant service providers in Australia. Data were analysed using thematic analysis and four major themes were identified: Distal Decisions, Connection, Education and Identity. These themes were conceptualised as “domains” and the “Domains of Facilitated Resilience” model is proposed, which conceptualises how the complex and dynamic interactions between these four domains potentiate differential patterns in resource access, processes and outcomes that can both facilitate and undermine the ability of UAMs to ‘be resilient’. The best outcomes were achieved when the four domains are mutually facilitative and supportive, however punitive Distal Decisions (government legislation and policies) often limited the resilience-promoting potential of Connection, Education and Identity by restricting UAMs’ access to meaningful resources, permanent protection and family reunion. Implications and recommendations for resilience theory, legislation and policy, and service provision are proposed.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Hum, Lang & Soc Sc
Arts, Education and Law
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Da, Lomba Sylvia. "Law reform proposals for the protection of the right to seek refugee status in the European Community". Thesis, University of Glasgow, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340292.
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McNamara, Robert Emmett. "The politics of asylum : U.S. response to Salvadorans /". Genève : Université de Genève, Institut universitaire de hautes etudes internationales, 1988. http://www.loc.gov/catdir/toc/fy0709/90127172.html.
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Woloshyn, Donald Frederick. "Canadian compliance with international law respecting the right of asylum of refugees". Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66024.
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Browne, Ruth Hannah. "The right to education for refugees and asylum-seekers in South Africa". Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4684.
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Nelson, Robert Colin. "The Right to Health: Conflicting Paradigms of Health as Commodity vs. Health as Human Right". [Tampa, Fla.] : University of South Florida, 2007. http://purl.fcla.edu/usf/dc/et/SFE0002010.
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Shoemaker, Melissa K. "A house divided evolution of EU asylum policy after the Bosnian war /". Fairfax, VA : George Mason University, 2009. http://hdl.handle.net/1920/4508.
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Thesis (Ph.D.)--George Mason University, 2009.Vita: p. 279. Thesis director: Janine Wedel. Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Public Policy. Title from PDF t.p. (viewed June 10, 2009). Includes bibliographical references (p. 223-278). Also issued in print.
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Robertson, Julie, i n/a. "Of scarecrows and straw men : asylum in Aoteroa New Zealand". University of Otago. Department of Anthropology, 2006. http://adt.otago.ac.nz./public/adt-NZDU20060914.101145.
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Asylum seekers have become the primary symbols of - as well as participants in - contemporary struggles over geo-political, intellectual and moral terrain. By moving place, by their mere presence in western industrial states, by demanding their refugee status claims be examined, by exposing themselves to all the techniques of scrutiny and evaluation in the presentation of their claims, asylum seekers displace traditional western ways of feeling at 'home,' and of knowing about and acting in the world. In doing so, they reveal the extent to which the legal system of rights upon which the international refugee regime is based is a messy zone of contested demands, refracted by the varying material circumstances and political power of participants. This thesis looks at asylum in Aotearoa New Zealand from the perspective of those most involved; asylum seekers, lawyers, adjudicators, members of non-government organisations and medical professionals. Situated mid-way between abstract human rights talk and the details of individual claims, it presents refugee status determination as a complex negotiation through culturally-laden frameworks of understanding and operation that are as prevalent as they are often camouflaged. In doing so, it explores how we are to evaluate the credibility and legitimacy of representations of the cultural 'other.'
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Colin, Mariana. "Evil Looks Right Back at You: Portrayals of Catholicism in American Horror Story: Asylum". Thesis, The University of Arizona, 2015. http://hdl.handle.net/10150/579240.
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Religion has been a defining theme in the horror genre since the beginning of film as a medium. Horror stories with religious themes are almost always filtered through the lens of Catholicism, and as such, bring along with them a number of expectations and tropes set about the Catholic Church. One can expect to see Catholic iconography displayed in a domineering and symbolic way, with sacred icons used as physical conduits for religious power. Church clergy are often used as representations of Church suppression and the corruption and secrecy that is often suspected of the Catholic hierarchy. Throughout history, Catholicism has been used to convey a kind of occult expertise that is not present in other Christian denominations. American Horror Story (2011-) is a pastiche of American horror tropes, using horror standards of decades past with an outrageous aesthetic derived from a mashup of different horror themes. The second season, Asylum, depicts a Catholic-run insane asylum in the 1960's. In this paper, I explore the use of Catholic horror themes within the show, first depictions of clergy, then the use of iconography and Church doctrine, finally relating its portrayal of the Church to the show's ultimate goal of social commentary.
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Choules, Kathryn. "A transformative pedagogy to challenge the dominant discourse about asylum seekers in Australia". Thesis, Choules, Kathryn (2005) A transformative pedagogy to challenge the dominant discourse about asylum seekers in Australia. PhD thesis, Murdoch University, 2005. https://researchrepository.murdoch.edu.au/id/eprint/10710/.
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By the end of the 20th Century a major global social issue had become the movement of people fleeing countries affected by war, religious persecution, ethnic tension, political repression and poverty. Large numbers of people were claiming asylum under the international Convention Relating to the Status of Refugees (1951). Since the mid-1990s the Australian government progressively hardened its attitude to asylum seekers and implemented one of the harshest responses in the Western world. Although the policies implemented have been held to breach a variety of international human rights conventions, they have received popular support. The dominant discourse about asylum seekers in Australia was characterised by fear, ignorance and rejection.
This research challenges the dominant discourse and is an expression of my commitment to social justice. It involved the design and implementation of a 6-week community education programme on asylum seekers for Australian residents. Through the project I explored how a diverse group of Australian residents experienced and responded to a pedagogy that went against the grain of the dominant discourse about asylum seekers. Using critical pedagogy, critical postmodernism, cultural studies, popular education and feminist pedagogies, I sought to create a transformative pedagogy. Through the empirical data generated I developed situated theory that would be of use to social change educators. The research embodies the cyclical process of action and reflection/practice and theory informed by the tradition of critical social research.
The participants in the research who attended the community education programme were largely from the dominant cultural group (White, Anglo-Celtic Australians) but their attitudes to asylum seekers and refugees covered the broad range found in the community. Their participation in the programme thus resulted in a wide range of responses. To locate and describe the participants I created three categories based on the competing ideological positions held: monoculturalist, multiculturalist and globalist.
The notion of pedagogical space created through the transformative pedagogy was theorised under the categories of safe, social, dialogical, democratic and empathetic spaces. The dissertation highlights the importance of self-awareness, reflexivity and listening in all of these spaces. It moves on to examine how the participants responded to the new knowledge that was generated through ideology critique. The significance of challenging the ‘commonsense’ of the dominant discourse through credible alternative sources of information emerged from the data. However, the monoculturalist participants actively resisted the challenge implicit in the pedagogy. The ways in which this resistance occurred are analysed. Notwithstanding the resistance, their levels of fear, misinformation and acceptance of the harsh treatment of asylum seekers decreased through their participation. For those participants already challenging the dominant discourse, the ways in which they used the experience of the community education programme to strengthen their position are analysed. How they acted as agents to engage in a more profound way with the issue emerged during the programme.
The research concludes with two important theoretical developments. The first is located within the tension that exists between the pedagogy’s striving for greater moments of freedom and the normativity of all pedagogical processes. It explores the question of whether social change educators should discuss their social justice vision and ideological positions within the educative process. The second theoretical development comes from using the notion of ‘privilege’ to analyse the social justice issue of asylum seekers. The notion of globally privileged citizenship is developed as a way forward and a tool that can be used by social change educators.
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Jourdain, Chloe. "Expedited processing of asylum seekers: The future of refugee status determination in Australia?" Thesis, Jourdain, Chloe (2013) Expedited processing of asylum seekers: The future of refugee status determination in Australia? Honours thesis, Murdoch University, 2013. https://researchrepository.murdoch.edu.au/id/eprint/21864/.
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2013 marks another year wrought with debate on asylum seekers and whether they are in fact refugees, fuelled by a growing number of boat arrivals and significant cost to the Australian government. The major political parties in Australia have been focused on how to ‘stop the boats’ and finding alternative ways to process claims for refugee status. Media reports since August 2012 have referred to an enhanced screening process whereby asylum seekers arriving by boat have not been given access to Australia’s refugee status determination procedures, returned to their country without sufficient assessment of any claim for asylum.
The Liberal-National Coalition indicated that they will introduce expedited processing of asylum seekers, modelled on the Detained Fast Track Processes in the United Kingdom. The expedited processing of asylum seekers is one alternative to standard refugee status determination procedures.
This thesis examines whether Australia can meet its international protection obligations under the Convention relating to the Status of Refugees and the Protocol Relating to the Status of Refugees if expedited processing procedures are introduced with the appropriate procedural safeguards. An over view of the expedited procedures in practice in the UK and the US is followed by a comparative analysis and assessment of whether procedures in the US and the UK meet international protection obligations and contain the appropriate procedural safeguards. Finally I have developed recommendations for Australia based on my analysis of the expedited procedures in the US and the UK. If expedited processing is to be implemented in Australia it should complement our current system, not replace it, and any proposal must contain comprehensive procedural safeguards.
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Finney, Nissa Ruth. "Asylum seeker dispersal : public attitudes and press portrayals around the UK". Thesis, Swansea University, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.515729.
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Derlien, Jochen. "Asyl : die religiöse und rechtliche Begründung der Flucht zu sakralen Orten in der griechisch-römischen Antike /". Marburg : Tectum-Verl, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/364695358.pdf.
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Gugwana, Monde Barrington. "The position of asylum seekers in South African social security law". Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/6159.
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The legal position of asylum seekers in South African social security system is more nuanced as a result of their transitional stay or status in the country. Asylum seekers may often be present in South Africa for a quite a long time but their social security entitlement is more restricted, and similar to that of temporary residents. For example, asylum seekers’ social security position is completely different from that of refugees. Refugees enjoy the same social security treatment similarly to South African citizens and permanent residents. Refugees qualify for the constitutionally entrenched right to have access to social security, including appropriate social assistance. Refugees also qualify for other socio-economic rights contained in the Constitution of the Republic of South Africa, 1996. The exclusion of asylum seekers occurs despite the fact they are one of the vulnerable groups of noncitizens. Such exclusion forces asylum seekers to live under precarious conditions. It is fundamentally accepted that the drafters of the Constitution included the right to have access to social security, in order to ensure that everyone, irrespective of nationality and citizenship enjoys an acceptable standard of living. It is also fundamentally accepted that the right to have access to social security contained in section 27(1)(c) is limited by section 27(2) of the Constitution. Section 27(2) requires the State to take reasonable legislative measures, within its available resources, to achieve the progressive realisation of the right to have access to social security. The South African courts had on several occasions confirmed that the content of section 27(1)(c) is limited by section 27(2) of the Constitution and that the state cannot implement the right to have access to social security on demand. It had also been confirmed that the right to have access to social security is enforceable. This means the beneficiaries of this right may seek recourse from the courts of law when they are not satisfied about the progress relating to the implementation of the programmes relevant to the right to have access to social security. The right to have access to social security is also limited by section 36(1) of the Constitution. In the international arena, the right to have access to social security is recognised as the entitlement of everyone, but in some instances differential treatment can be made by the states. Such differential treatment should serve the legitimate state objective and all noncitizens should be treated equally.
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Toksabay, Burcu. "The Health Right Of Refugees In Turkey". Master's thesis, METU, 2010. http://etd.lib.metu.edu.tr/upload/12611661/index.pdf.
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The main objective of this thesis is to analyze the access of refugees to the right of health in Turkey. There are significant problems in the access of refugees to the available health services and there are no special health services designed to meet the needs of the refugees. Through field research in a city where refugees are settled, the problems related with the access to health services by refugees were examined. In a qualitative study design, this piece of research involved in depth interviews with health professionals, representatives of the NGOs working with refugees and refugees to understand the problems associated with the access of refugees to health services and the dynamics of the clinical encounter between the health professionals and refugees. The study has found that refugees cannot reach sufficient and appropriate health services in Turkey and their fundamental right of access to the right to health is not realized in practice. Moreover, it was found that the provision of health services is riddled with many difficulties, such as the lack of professional translators, the stereotypes common among health professionals about refugees. The legislation about health services and health insurance should be revised in a way to cover all asylum-seekers and to provide special health services for refugees such as comprehensive medical screenings on arrival and trauma and psychological counseling.
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Bilombele, Asukulu P. "Understanding perceptions of security threats to Australia: the case of refugees and asylum seekers". Thesis, Curtin University, 2021. http://hdl.handle.net/20.500.11937/85527.
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This thesis presents a critical analysis of alleged security risks posed by refugees and asylum seekers to Australia.
Based on relevant literatures and interviews, this thesis reveals that the construction of refugee and asylum seekers as a security threat to Australia is partly driven by a consideration of many factors such as the economy, employment and the scramble for opportunities. However, national security was not the biggest concern of the interviewees during this research.
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Charlton, Claire Marie. "Southern Right Whale (Eubalaena australis) Population Demographics in Southern Australia". Thesis, Curtin University, 2017. http://hdl.handle.net/20.500.11937/59638.
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This thesis aimed to assess the population demographics of Southern right whales (SRW) Eubalaena australis, in South Australia. A combination of monitoring techniques were employed between 2014 and 2016 in the form of land and vessel based count and photo identification surveys. The study uses current and historical data (1991-2016) to assess distribution, abundance and life histories of SRW at two wintering aggregations in South Australia. Results provide information for recovery assessment and conservation management.
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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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Winn, Meredith. "This Land is My Land: The Dynamic Relationship between Migration and the Far-Right". Thesis, University of North Texas, 2020. https://digital.library.unt.edu/ark:/67531/metadc1752370/.
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This dissertation examines the dynamic intersections of the relationship between migration and the far-right through three empirical, stand-alone chapters. The first substantive chapter re-evaluates existing theories of far-right support using a novel theory and comprehensive dataset to assess how immigration opinion and immigration levels interact to shape individual far-right support. The findings suggest that increases in asylum-based migration are associated with increased far-right voting, but that this is effect is mainly observed in those with negative or neutral opinions toward immigration. The second substantive chapter examines the other side of this relationship by analyzing the impact of far-right electoral and legislative success on asylum-recognition rates in EU member states. The results of empirical analyses show that when far-right parties gain legislative seats, the expected rate of asylum approvals decreases. This suggests that far-right parties in legislatures have measurable effects on migration outcomes. Finally, the third substantive chapter uses original field research to assess how far-right politics impacts the lived experiences of immigrants in France and Switzerland, relying on a small survey and interviews conducted in the field. The results show that immigrants are generally aware of far-right parties and distrustful toward them. However, undocumented migrants and asylees are among the most negatively impacted by far-right activity. Overall, this dissertation moves beyond the entrenched debate of how migration does or does not facilitate far-right support and contributes to the academic understanding of how migration and far-right politics interact.
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Babo, Markus. "Kirchenasyl - Kirchenhikesie : zur Relevanz eines historischen Modells im Hinblick auf das Asylrecht der Bundesrepublik Deutschland /". Münster ;Hamburg [u.a.] : Lit, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/339833645.pdf.
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Simpson, Rohan D. S. "Got AATitude? A quantitative analysis of refugee decision-making at the Administrative Appeals Tribunal". Thesis, Department of Government and International Relations, 2020. https://hdl.handle.net/2123/21665.
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The Administrative Appeals Tribunal (AAT) is the first level of appeal for an asylum seeker whose application has been rejected by the Department of Home Affairs. There have been allegations that appointments at the AAT have become politicised. Despite these concerns, there exists no empirical means to test political influence at the AAT. This thesis develops a method to quantitatively test these allegations and provide further insights into asylum decision-making. Drawing off a specially generated Database of all publicly available refugee decisions at the AAT for the years 2015-2018 (2,272 cases), this study measures the effect of the Party appointing each Member on asylum outcomes. The key finding is that the odds of a Labor-appointed Member giving a favourable decision to an asylum-seeker were 1.46 times higher than those of a Liberal-appointed Member. Further, this study finds that the decision patterns vary significantly between Labor- and Liberal-appointed Members for applications from the same country of origin.
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Vadachalam, Alison. "The right to freedom of expression of the media and the right to confidentiality in the asylum-seeking context – a balancing of opposing rights". Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31317.
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This minor dissertation analyses the competing rights of free expression of the media and confidentiality of asylum seekers in the context of asylum applications and appeals. This research is grounded in the landmark judgment of the Constitutional Court in the Mail and Guardian Media Limited and Others v Chipu N.O. and Others [2013] ZACC 32. The judgment considered the intersection of the competing rights in light of the constitutional challenge to the former section 21 of the Refugees Act, No 130 of 1998. This section provided for the strict confidentiality of asylum applications and prevented any member of the public or the media from attending asylum application proceedings or viewing the application. The offending provision was challenged by on the basis that it unjustifiably limited the right to freedom of expression and in the result, the Constitutional Court declared section 21(5) of the Refugees Act invalid. The amended section now allows for the Refugee Appeals Authority to exercise a discretion to allow access to, and/or reporting on, its hearings subject to its consideration of certain factors. Having regard to the revised section and the dearth of domestic case law and academic opinion on this issue, this research aims to formulate an understanding of the importance of free expression in the context of asylum proceedings in order to guide the Refugee Appeals Authority in exercising its new discretion. This research will address the issues through three lenses. First, the jurisprudential lens will examine the underpinnings of each right and their relative importance. Next, the judgments lens will examine how each right was dealt with by the High Court and the Constitutional Court. Finally, the comparative lens will examine how the rights have been dealt with in foreign law in the asylum systems of New Zealand and Canada.
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Milner, James H. S. "The politics of asylum in Africa : the cases of Kenya, Tanzania and Guinea". Thesis, University of Oxford, 2006. http://ora.ox.ac.uk/objects/uuid:89a91ea8-d2af-4727-8f46-f57b3ac9001b.
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There is a crisis of asylum in Africa. In response to large and protracted refugee populations, declining donor assistance and a range of related security concerns, a significant number of African states have limited the asylum they offer to refugees. Some states have closed their borders to new arrivals and pursued early repatriations. Many other states have contained refugees in isolated and insecure camps. Given the scale of this crisis, the global pressures on asylum, and the disproportionate share of the global refugee burden borne by Africa, understanding the responses of African states poses an important challenge. A critical examination of the factors influencing the refugee policies of African states is, however, strikingly absent from the scholarly literature. The objective of this thesis is to address this gap by examining the responses of Kenya, Tanzania and Guinea to the arrival and prolonged presence of significant refugee populations. Drawing on field research, this thesis argues that the asylum policies of the three cases are the result of factors both related to the presence of refugees, such as burden sharing and security concerns, and unrelated to the presence of refugees, such as foreign policy priorities, democratization, economic liberalization and the sense of vulnerability experienced by many regimes in Africa. Drawing on a political history of the post-colonial African state, this thesis argues for an approach that recognizes the politics of asylum in Africa. Such an approach highlights the importance of incorporating the host state into any examination of asylum in Africa and the predominant role that broader political factors play in the formulation of asylum policies. This is not to suggest that factors such as the protracted nature of refugee populations, levels of burden sharing and security concerns are irrelevant to the study of asylum in Africa. Instead, the thesis argues that such factors are very relevant, but need to be understood in a more critical way, mindful of the political context within which asylum policies are formulated. This approach leads to important lessons not only for the study of asylum in Africa, but also for the future of the refugee protection regime in Africa.
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Guild, Mhairi. "'Securirtising the Refugee:an Analysis of Asylum Discourse in the US. UK and Australia 2001-6". Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.533813.
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Lambert, H. "The right of political asylum and the status of refugees in Belgium, Switzerland and the United Kingdom". Thesis, University of Exeter, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.304452.
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Gibb, Susan Jennifer. "Privacy and Australian law". Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.
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Ghezelbash, Daniel. "Shifting sands and refugee boats: The transfer of immigration control measures between the United States and Australia". Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/14035.
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Policy makers are increasingly drawing on practices in other jurisdictions when developing immigration law and policy. This is due in part to the fact that the objectives of governments are converging as they seek to attract what they perceive as ‘good’ migrants, such as skilled workers and investors, and to deter ‘bad’ migrants, such as asylum seekers and irregular arrivals. In this thesis, I examine transfers of law and policy that have the objective of deterrence. I focus on the transfer of three measures between the United States and Australia. These are long-term mandatory detention, maritime interdiction, and extraterritorial processing of asylum claims. I compare and analyse the history and implementation of these measures. Referring to interviews carried out with key policy makers, I argue that the similarities in the way these policies have been implemented in the United States and Australia are the result of a process of legal and policy transfer. The analysis of these case study transfers is undertaken with a view of developing a deeper understanding of the transfer process and providing lessons for policy makers involved in future transfers. In particular, I examine the factors which contribute to the success or failure of transfers. I focus on the ‘legal dimension’ of success—that is, the ability of transferred law and policy to survive judicial challenges in the receiving jurisdiction. I also raise general concerns about transfers of restrictive immigration measures. I criticise the opaque nature of the forums in which these transfers occur and question the quality of the information relied upon by policy makers in the transfer process. I argue that at times, transfers of restrictive immigration measures are motivated by competition, as countries seek to outdo the deterrent measures introduced in comparator jurisdictions. This competition has given rise to a ‘race to the bottom’ that has the potential to unravel the international refugee protection regime.
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Lundin, Hanna. "Dehumanisation of asylum seekers : Case study of the Nauru Files". Thesis, Uppsala universitet, Teologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384264.
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In October 2016 the newspaper the Guardian published an interactive database online with classified incident reports from an Australian overseas asylum seeker processing centre on the island republic of Nauru. The incident reports describe events that occurred within the Nauru Regional Processing Centre and this collection of over 2000 documents were given the name of “Nauru Files”. By using Nick Haslam's dehumanisation theory this thesis aimed to analyse the Nauru Files to find if the documents present evidence of animalistic and/or mechanistic dehumanisation. Upon reviewing the Nauru Files the author found four overacting themes; (1) deteriorating mental health for asylum seekers; (2) sexual assault, abusive behaviour and misbehaviour by staff, (3) incidents involving children and (4) misrepresentation of information. Furthermore, the evidence connected with these themes within the incident reports indicates dehumanisation, mainly mechanistic - meaning asylum seekers were deprived of aspects of humanness and were repeatedly treated as objects. Related to the Nauru Files a closer review of Australian immigration policies was conducted. The results show that the dehumanisation that is evident in the Nauru Files can be considered to be a product of Australia's long history of systematic dehumanisation of asylum seekers from non-European countries.
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Lindén, Linnéa. "The Rise of the Far-Right Movement in Sweden : an Analysis of the Political Effects of an Increase in the Shre of Asylum Seekers". Thesis, Uppsala universitet, Nationalekonomiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-450387.
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This thesis investigates how a change in the municipal asylum seeker share affects voting for the Sweden Democrats (SD), a far-right anti-immigration party, in both national Parliament and Municipal Council elections in Sweden. To circumvent the endogeneity problem, I use an instrumental variables strategy where the share of available apartments in Allmännyttan is used as an instrument for the municipal share of asylum seekers living in Migration Agency provided accommodation (ABO). I have exploited municipal level panel data on municipality characteristics, allocations of asylum seekers and national elections. I am not able to find support for any effect of a change in the municipal share of asylum seekers on voting for the Sweden Democrats. Consequently, I cannot provide any support for either the group position theory or the contact hypothesis.
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Tesanovic, Tijana [Verfasser], Albert [Akademischer Betreuer] Scherr i Uwe [Gutachter] Bittlingmayer. "The right to education of asylum-seeking minors. Case study: Serbia. / Tijana Tesanovic ; Gutachter: Uwe Bittlingmayer ; Betreuer: Albert Scherr". Freiburg : Pädagogische Hochschule Freiburg, 2020. http://d-nb.info/1214439357/34.
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Gallagher, Dean. "Ideological Misinformation: How News Corp Australia amplifies the discourses of the reactionary right". Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21412.
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This paper analyses the interactions between Australian mainstream media and social media political influencers and how these interactions amplify ideological misinformation. Social media, particularly YouTube, is increasingly a primary source of news and information for people, principally in the younger 18 – 35-year demographic. Yet while social media has opened up horizontal networks of mass self-communication that allow anyone with an internet to communicate on a mass scale, it has also precipitated a significant rise in the dissemination of reactionary right and extremist messages. The analysis is embedded in Manuel Castells network society theory and utilising Fairclough’s Critical Discourse Analysis framework and José van Dijck’s combination of the Network Society theory with Actor Network Theory. By analysing the discourses employed by News Corp around notions of “identity politics” “western civilisation” and “the left”, this paper argues that the discourses of News Corp Australia are largely the same as the Alternative Influence Network (AIN) on YouTube – a loosely connected group of reactionary right-wing influencers. It further analyses the way News Corp reports on these influencers, concluding that the intertwining discursive patterns of both News Corp and the AIN have the effect of discriminating against a range of minority groups due to its centring of white, western identity as default. News Corp produces and amplifies ideological misinformation through both power and counterpower communication networks. This is concerning considering News Corp’s prominence and influence in the Australian media landscape. Finally, it argues that the ideological misinformation amplified by News Corp Australia is contributing to a new ideological paradigm that combines populist nationalism with neoliberalism.
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Sammon, Gerard Patrick. "Freedom of speech in Australia : analysis of freedom of speech as a right". Thesis, Queensland University of Technology, 1997. https://eprints.qut.edu.au/36891/1/36891_Digitised%20Thesis.pdf.
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Ziegler, Reuven. "Voting rights of recognised Geneva Convention refugees in their countries of asylum". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:b48689d0-d6f8-49fd-aba7-0cb7ca8e2f3a.
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This thesis concerns persons recognised as refugees based on the criteria set by Article 1A(2) of the 1951 Geneva Convention Relating to the Status of Refugees (CSR1951) and residing in a Contracting State. It appraises the exclusion of CSR1951 refugees from participation in elections of their countries of asylum pursuant to a citizenship voting qualification, which most countries set. It is emphasised that, since neither the CSR1951 refugees nor their country of asylum know when or indeed whether cessation of CSR1951 refugee status may occur, their exclusion may last for an indeterminate period of time. CSR1951 confers on recognised refugees a host of civil, social and economic rights in their country of asylum; voting rights are absent. Concomitantly, while the International Covenant on Civil and Political Rights (and regional human rights treaties) pronounce that all persons are entitled to have their rights respected, protected and promoted, Contracting States are permitted to reserve two rights for their (full) members: the right to enter and remain in their country, and the right to vote in its elections. The central claim of this thesis is that recognised CSR1951 refugees are a special category of non-citizen residents, due to their unique political predicament. They are unable to participate in elections of their country of origin, do not enjoy its diplomatic protection and consular assistance abroad, and – most fundamentally – are unable or unwilling, owing to a well-founded fear of persecution, to return to it for an indeterminate (and potentially protracted) period. It is submitted that recognised CSR1951 refugees should be entitled to vote in elections of their countries of asylum, notwithstanding general citizenship qualifications imposed by these countries. At present, treaty law does not require countries of asylum to enfranchise their recognised CSR1951 refugees. Hence, this thesis explores a gap in international refugee law and international human rights law between de lege lata and de lege ferenda; it is an exercise in ‘progressive development of the law’. Its inquiry is located in the international domain, and concerns, in principle, any Contracting State which admits and recognises CSR1951 refugees. References to national or regional practices serve solely an illustrative purpose.
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Nissander, Sam. "Pushing the Border Outwards : A Critical Discourse Analysis of the European Commission’s Securitisation of Migration and the Right to Asylum". Thesis, Uppsala universitet, Teologiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443545.
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This thesis scrutinises the European Commission’s discourse surrounding the externalisation of migration and asylum policies and discusses what potential implications this may have on the right to asylum. The aim of this work is to increase the understanding of how migration and security are discursively connected and identify what this discourse looks like. The study is placed in the context of a scientific debate on the Securitisation of migration and the externalisation of migration management. By means of a Critical Discourse Analysis, based on the work of Norman Fairclough, speeches and press releases produced by the European Commission are analysed. The analysis departs from the theoretical framework of the Copenhagen School of Security Studies and the concept of Securitisation, which suggests that political narratives have direct effects on policies. The theory also argues that when a phenomenon is securitised, policy measures that would otherwise not be acceptable, become legitimised in dealing with a constructed threat. The thesis presents three findings. The first main finding is that the Commission legitimises the externalisation of EU borders through a humanitarian discourse, arguing that the increased restrictions and shifting of responsibilities to third countries are necessary to protect migrants from human smugglers. Second, the current EU agenda risks limiting mobility in countries outside of the EU, thus creating large camps with substandard living conditions. And finally, from a human rights perspective, there is a great risk with the continued collective expulsions and pushbacks from EU territory, given that the mandate of Frontex is only seen to increase.
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Delporte, Merrilyn. "Making sense of human advocacy narrative: Stakeholder identification, emotion, and the case of people seeking asylum in Australia". Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/134007/1/Merrilyn_Delporte_Thesis.pdf.
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This Australian-based study involved an investigation of how different audiences respond to organisational communications designed to raise support for people seeking asylum. The research resulted in unique insights into how stakeholders identify with organisational objectives and values, and the impact of 'emotion' on their responses and actions. The study makes a valuable contribution to organisational and communication theories by exploring the seldom researched perspective of 'audiences'. In identifying how various cognitive and emotional factors impact stakeholder responses to advocacy campaigning, this research can also help organisations communicate more effectively with a diverse range of potential supporters.