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1
Minns, John, Kieran Bradley, and Fabricio H. Chagas-Bastos. "Australia’s Refugee Policy." International Studies 55, no. 1 (January 2018): 1–21. http://dx.doi.org/10.1177/0020881717746797.
Повний текст джерелаАнотація:
The image of three-year-old Aylan Kurdi’s body, washed up on a Turkish beach is only the most visible face among the large number of tragic deaths resulting from the perilous journey of the world’s desperate to reach safety. Over the years, the arrival of asylum-seekers to Australia has been an issue of significant political contestation. In October 2015 former Australian Prime Minister Tony Abbott urged European leaders to follow Australia’s example and prevent the recent wave of Syrian refugees from crossing borders. Contrary to Abbott’s appeal, the ‘Australian Solution’ is a model neither Europe nor anyone else should follow. Australia’s refugee policies emerged not in response to the number of asylum-seeker arrivals, but rather as a political appeal to fear and segregation in order to scapegoat the Other. We outline Australia’s refugee policies over the previous two decades (1992–2015), discuss some of their negative consequences and the implications of the Australian model being adopted internationally. Finally, we propose alternative ways forward for both Australia and Europe.
2
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.
Повний текст джерелаАнотація:
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.
3
McAlister, Dani, Harriot Beazley, and Wynonna Raha. "“I See Nothing but a Fence of Tears”: The Impact of Australia’s Immigration Detention and Border Protection Policies on the Asylum Seeker Child’s Geographies of Hope and Hopelessness." Jeunesse: Young People, Texts, Cultures 11, no. 2 (December 2019): 74–103. http://dx.doi.org/10.3138/jeunesse.11.2.74.
Повний текст джерелаАнотація:
As a signatory to both the United Nation Refugee Convention and the United Nations Convention on the Rights of the Child, Australia’s border protection policy to detain offshore asylum seekers who reach Australian borders by boat, including accompanied and unaccompanied minors, is under intense international scrutiny. In the context of Australia’s “Operation Sovereign Borders,” however, the asylum seeker child’s perspectives and their geographies of hope and hopelessness have not yet been fully explored. Drawing on recent literature within children’s geographies, which emphasizes the “emotional” matters within policy development and professional practice, and how they affect children, this paper seeks to contribute to emerging debates exploring borders, asylum seeker children, and children’s emotional geographies. Utilizing drawings, letters, and poems produced by children for an Australian Human Rights Commission’s National Inquiry into Children in Immigration Detention on Nauru, a child-centred approach was applied to privilege children’s own perspective of their indefinite internment. The primary focus of the paper is to emphasize the ways in which “the asylum seeker child” constructs their own emotional geographies within the inherently complex and restrictive context of Australia’s border protection policy.
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Phillips, Louise Gwenneth, and Catherine Montes. "Walking Borders: Explorations of Aesthetics in Ephemeral Arts Activism for Asylum Seeker Rights." Space and Culture 21, no. 2 (September 11, 2017): 92–107. http://dx.doi.org/10.1177/1206331217729509.
Повний текст джерелаАнотація:
Australia’s Operation Sovereign Borders vehemently enforces closed borders to asylum seekers arriving by boat to Australia. Policed urban borders were enforced in Brisbane, Australia, during the G20 Summit in 2014, to protect visiting dignitaries from potential violent protest. The ephemeral arts intervention Walking Borders: Arts activism for refugee and asylum seeker rights symbolically confronted border politics by peacefully protesting against Australian immigration policy. Rather than focusing on the direct effects of the ephemeral arts intervention, this article attends to the affective workings of the aesthetic elements of the project through sensory ethnography and storying. Informed by Ranciere’s aesthetics of politics, this article explores the affective experience and potential educative gains of the ethical turn attended to in participatory arts such as ephemeral arts interventions.
5
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.
Повний текст джерелаАнотація:
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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Hamlin, Rebecca. "International Law and Administrative Insulation: A Comparison of Refugee Status Determination Regimes in the United States, Canada, and Australia." Law & Social Inquiry 37, no. 04 (2012): 933–68. http://dx.doi.org/10.1111/j.1747-4469.2012.01292.x.
Повний текст джерелаАнотація:
International law provides nations with a common definition of a refugee, yet the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many institutional, cultural, geographical, and political similarities. This article compares the refugee status determination regimes of three popular asylum seeker destinations—the United States, Canada, and Australia. Despite these nations' similar border control policies, asylum seekers crossing their borders access three very different systems. These differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision-making agency enjoys from political interference and judicial review. Bureaucratic justice is conceptualized and organized differently in different states, and so states vary in how they draw the line between refugee and nonrefugee.
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Martin, Timothy James, Coen Butters, and Linny Phuong. "A two-way street: reciprocal teaching and learning in refugee health." Australian Health Review 42, no. 1 (2018): 1. http://dx.doi.org/10.1071/ah17055.
Повний текст джерелаАнотація:
The Water Well Project is a health promotion charity that aims to improve the health literacy of individuals of refugee, asylum seeker and migrant backgrounds. Health literacy is an important predictor of health status, but many Australians cannot demonstrate functional health literacy, and individuals from culturally and linguistically diverse (CALD) backgrounds are at higher risk of poor health literacy. The primary participants of The Water Well Project’s health education sessions are individuals of refugee, asylum seeker and migrant background, who are at risk of increased morbidity and mortality due to a range of factors. Secondary participants are volunteer healthcare professionals who facilitate these sessions. Because the Water Well Project is a community-centric organisation, the content and delivery of education sessions is shaped by the health literacy needs of the participants. During each session, The Water Well Project aims for a ratio of two volunteer healthcare professionals to every 5–15 participants. Sessions are interactive, with the use of visual aids, and incorporate the services of a professional interpreter when required. Since 2011, over 300 education sessions have been delivered to more than 3000 participants with anticipated flow-on effects to family and friends. The sessions provide a unique opportunity for participants and volunteer healthcare professionals to simultaneously acquire valuable health literacy skills. For participants, this fosters an improved awareness of and trust in the healthcare system; for volunteer healthcare professionals, this affords the opportunity to contribute to the health of vulnerable populations while developing skills in working effectively with interpreters and CALD communities. What is known about this topic? Individuals of CALD backgrounds, including refugees and asylum seekers, are at risk of poor health literacy. Reasons include burden of illness, effects of transition including exposure to psychological and physical trauma, and exposure to new risk factors in country of settlement. What does this paper add? The Water Well Project is a not-for-project, health literacy organisation that provides health education sessions to individuals of refugee, asylum seeker and migrant background. Interactive sessions are provided by volunteer healthcare professionals at the request of established community groups. Evaluation data has demonstrated positive outcomes for session participants, volunteers and referral community organisations. What are the implications for practitioners? Improved health literacy improves the ability of individuals to engage with the health system and improve their own health. Healthcare volunteers gained valuable skills working with CALD communities and interpreters.
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Helmiyana, Nurlaily. "Analisis Kebijakan Kevin Rudd terkait Pencari Suaka di Australia dalam PNG Solutions." Politeia: Jurnal Ilmu Politik 12, no. 2 (July 13, 2020): 114–25. http://dx.doi.org/10.32734/politeia.v12i2.3918.
Повний текст джерелаАнотація:
Papua New Guinea Solution is a bilateral relationship between Australia under Prime Minister Kevin Rudd and Papua New Guinea regarding anti-resettlement conducted by people who want to access Australia and obtain refugee status by boat. This solution was taken after Kevin Rudd who came from the Australian Labor Party sent Pacific Solutions which had been used during Prime Minister Howard's administration. The difference in efforts to overcome the arrival of aid can be seen by using the Bureaucratic Model in its analysis. This effort was carried out with the aim of securing Australia. The problem is that Australia ratified the 1951 Refugees conference. The essence of PNG Solutions is individuals or groups who come to Australia who can pass Australia, and without a visa and a clear identity are not allowed into Australia and will be sent in Papua New Guinea. Australia's national interests can hurt ratified conventions. This study uses a qualitative method using secondary resources, and analysis uses the concept of securitization and uses Barry Buzan's research in his book People, State, and Fear. Then the policy analysis is taken by Prime Minister Rudd by using the Bureaucratic Model due to bargaining in Australia's domestic politics.
Keywords: PNG Solutions, Asylum Seeker, Australia’s Foreign Policy
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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.
Повний текст джерелаАнотація:
<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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Ubayasiri, Kasun. "Manus to Meanjin: A case study of refugee migration, polymorphic borders and Australian ‘imperialism’." Pacific Journalism Review : Te Koakoa 27, no. 1and2 (September 30, 2021): 269–82. http://dx.doi.org/10.24135/pjr.v27i1and2.1198.
Повний текст джерелаАнотація:
This non-traditional research article argues that the refugee and asylum-seeker protests in Brisbane’s Kangaroo Point between April 2, 2020 and April 14, 2021 can be viewed against a backdrop of Australian colonialism—where successive Australian governments have used former colonies in Nauru and Manus Island in Papua New Guinea as offshore detention facilities—as a dumping ground for asylum-seekers. Within the same context this article argues that the men’s removal to the Kangaroo Point Alternative Place of Detention is a continuation of this colonial policy of incarcerating ‘undesirables’ on occupied land, in this case on Meanjin—Jagera land identified by the colonial name of Brisbane. This extension of Australian sub-imperial and neo-colonial dominion and the imagining of its boundaries is viewed though the theoretical prism of a polymorphic border, a border that shifts and morphs depending on who attempts to cross it. In a departure from orthodox research practice, this article will use visual storytelling drawn from photojournalism praxis alongside more traditional text-based research prose. In doing so, it will use photo-journalistic artifacts and the visual politics that surround them, as core dialogical components in the presentation of the article as opposed to using them as mere illustrations or props.
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Dechent, Susanna, Sharmin Tania, and Jackie Mapulanga-Hulston. "Asylum Seeker Children in Nauru: Australia’s International Human Rights Obligations and Operational Realities." International Journal of Refugee Law 31, no. 1 (March 2019): 83–131. http://dx.doi.org/10.1093/ijrl/eez021.
Повний текст джерелаАнотація:
Abstract This article examines if Australia’s policy and law regarding asylum seeker and refugee children in Nauru are consistent with its international legal obligations under the terms of the Convention on the Rights of the Child (CRC). Under article 3 of the CRC, Australia is required to consider the best interests of each child within its jurisdiction. It is also bound by the CRC prohibition on arbitrary detention and obligations derived from Convention rights relating to health, education, and family matters. To assess Australia’s law and policy, the article draws on the findings of recent inquiries and reports that examine how detention and conditions at the processing centre and in the community in Nauru have impacted on the mental and physical well-being of children. The article highlights gaps in the implementation of Convention rights and draws together the findings and recommendations made in recent reports to assist in the development of suitable solutions. It concludes that Australia’s treatment of asylum seeker and refugee children violates key obligations under the CRC and that, accordingly, Australia should remove these children from Nauru and settle them in Australia.
12
R. S. Az-Zubaidy, Thamir. "An Iraqi Refugee in the Australian Suburb in Ben Eltham’s The Pacific Solution." لارك 1, no. 32 (November 28, 2018): 11–20. http://dx.doi.org/10.31185/lark.vol1.iss32.1254.
Повний текст джерелаАнотація:
Ben Eltham’s The Pacific Solution (2013) deals with several issues such as nationalism, political intimidation, racism and stereotyping of Muslims. It critiques the Howard government’s hard-line policy with Asylum seekers and its amendment of the migration act, known as the ‘Pacific Solution’, which excludes offshore islands from Australia’s migration zone and undermines thereby refugees’ attempts to seek better chances of life. This is portrayed on stage through the reaction of three white Australian housemates to the arrival at their front door of an Iraqi refugee to apply for asylum. In this paper, I investigate the representation of cultural diversity in the play and argue that it is a critique of dysfunctional models of inclusion where persons from minor cultures are marginalised in the Australian national and social spaces. In so doing, I consider some of the concepts discussed in Ghassan Hage’s White Nation: Fantasies of White Supremacy in a Multicultural Society (2000), namely those of managerial capacity, tolerance, and the dialectic of inclusion and exclusion. In addition to critiquing the dysfunctional models of including Muslim refugees, the play examines their representation in the mainstream media and their treatment by the legal process in Australia. To explore the impact of this on Muslim refugees’ alienation and marginalisation, I investigate studies of the representation of Muslims in the Australian mass media and their relevance to the stereotyping of Muslims as terrorists in the play. Drawing on the above, I argue that, through this play, Eltham criticised the Howard government’s inhumane treatment of Asylum seekers and its dissemination of Australian norms as aligning with its premises.
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Phillips, Christine, Sally Hall, Nicholas Elmitt, Marianne Bookallil, and Kirsty Douglas. "People-centred integration in a refugee primary care service." Journal of Integrated Care 25, no. 1 (February 13, 2017): 26–38. http://dx.doi.org/10.1108/jica-10-2016-0040.
Повний текст джерелаАнотація:
Purpose Services for refugees and asylum seekers frequently experience gaps in delivery and access, poor coordination, and service stress. The purpose of this paper is to examine the approach to integrated care within Companion House (CH), a refugee primary care service, whose service mix includes counselling, medical care, community development, and advocacy. Like all Australian refugee and asylum seeker support services, CH operates within an uncertain policy environment, constantly adapting to funding challenges, and changing needs of patient populations. Design/methodology/approach Interviews with staff, social network analysis, group patient interviews, and service mapping. Findings CH has created fluid links between teams, and encouraged open dialogue with client populations. There is a high level of networking between staff, much of it informal. This is underpinned by horizontal management and staff commitment to a shared mission and an ethos of mutual respect. The clinical teams are collectively oriented towards patients but not necessarily towards each other. Research limitations/implications Part of the service’s resilience and ongoing service orientation is due to the fostering of an emergent self-organising form of integration through a complex adaptive systems approach. The outcome of this integration is characterised through the metaphors of “home” for patients, and “family” for staff. CH’s model of integration has relevance for other services for marginalised populations with complex service needs. Originality/value This study provides new evidence on the importance of both formal and informal communication, and that limited formal integration between clinical teams is no bar to integration as an outcome for patients.
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Timlin, Mark, Alana Russo, and Jacquie McBride. "Building capacity in primary health care to respond to the needs of asylum seekers and refugees in Melbourne, Australia: the 'GP Engagement' initiative." Australian Journal of Primary Health 26, no. 1 (2020): 10. http://dx.doi.org/10.1071/py18190.
Повний текст джерелаАнотація:
Asylum seekers and refugees experience poorer health than the broader Australian population. Universal primary healthcare services play an integral role in supporting and optimising the health and wellbeing of these communities. However, clinical-level issues frequently compromise the quality of care provided to these groups. The ‘GP Engagement’ initiative, implemented in the south-eastern region of Melbourne, aimed to build capacity within universal primary health care to respond to the needs of asylum seekers and refugees. This involved engaging general practice clinics, resourcing them with tools and frameworks, and undertaking collaborative problem-solving on refugee issues. Evaluation methods included: rigorous record keeping; pre- and post-practice assessments guided by a self-reported ‘12-Point Checklist’; and participant feedback. Findings from 57 participating health professionals indicated changes in the way that GPs work with asylum seekers and refugees. ‘GP Engagement’ suggests that it is possible to build primary healthcare responsiveness to asylum seekers and refugees through a strategic regional approach that is firmly grounded in evidence-based practice and considerate of the requirements and constraints of GPs.
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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.
Повний текст джерелаАнотація:
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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Napwanga, Eluby Sarah Patrick, Sheenagh McShane, and Lucio Naccarella. "Appropriateness of the Asylum Seeker Resource Centre-adapted Refugee Health Assessment Tool." Australian Journal of Primary Health 26, no. 2 (2020): 132. http://dx.doi.org/10.1071/py19059.
Повний текст джерелаАнотація:
People seeking asylum (PSA) are recommended to undertake a comprehensive risk-based health assessment within 1 month of arrival in Australia. The Asylum Seeker Resource Centre (ASRC) offers health services to PSA in Victoria, through the ASRC nurse-led clinic. A healthcare assessment is conducted by nurses using a Refugee Health Assessment (RHA) tool. A process evaluation was conducted to assess if the adapted 2016 version of the RHA tool was able to appropriately identify, describe and prioritise the needs of PSA. Twelve ASRC nurses who conducted assessments were interviewed. All interviews were audio recorded, transcribed and analysed. The adapted RHA tool was considered as appropriate for identifying, describing and prioritising the needs of PSA. Three key interconnected themes emerged influencing the appropriateness of the tool: the tool; users’ experiences; and the individual characteristics of the PSA undergoing the assessment. Key tool limitations included: the structure not being user-friendly; variability in users’ sensitivity to using the tool; and the limited feedback from PSA on the adapted RHA tool. Given the high number of people seeking asylum in Australia and the complexity of their healthcare needs, this research provides preliminary guidance on ways to improve the appropriateness of the ASRC-adapted RHA tool.
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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.
Повний текст джерелаАнотація:
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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Novak, Anna, Danielle Hitch, Lyn Bongiovanni, and Angela Mucic. "Identification, management and care of refugee patients at a metropolitan public health service: a healthcare worker perspective." Australian Health Review 45, no. 3 (2021): 338. http://dx.doi.org/10.1071/ah19200.
Повний текст джерелаАнотація:
ObjectiveTo describe the perceptions of healthcare workers employed at a metropolitan public health service, with respect to how they identify, manage and care for refugee patients. MethodsThis study surveyed healthcare workers using a cross-sectional, mixed methods descriptive design, which partially replicates a previous Australian study. A total of 215 responses to a brief online survey were received (n=48 medical, n=100 nursing and midwifery, n=50 allied health, n=4 other). ResultsNurses and allied health respondents were more likely to record working with refugees rarely or never (P=0.00). Most respondents (70.3%) identified no negative effects from working with refugees, and perceived this patient group enhanced (71.3%) their work. Insufficient identification, interpreter availability, education, healthcare worker capacity and providing culturally specific treatment were all identified as potential service barriers. Allied health respondents were more likely to report low confidence about working with refugees in general (P=0.04). Respondents with more than 10 years’ experience with refugees (P=0.02), and those with good self-perceived awareness of community services (P=0.01), were more confident in their ability to manage social issues. ConclusionsThis study suggests that contextual factors influence the perceptions of healthcare workers who provide care to refugee patients; however, communication, health literacy and healthcare worker capacity were consistently raised as key issues when working with refugees. What is known about the topic?Refugee and asylum seeker patients may present with complex health needs to any part of the Australian health system. The majority of previous research has occurred in primary care settings. What does this paper add?This study adds an acute and subacute perspective to the evidence base, and also includes medical respondents for the first time. Compared to previous research, respondents of this study saw refugee patients more frequently in their practice, and also reported fewer negative effects from working with them. Most demographic characteristics had no significant effect on worker-reported confidence in this study; however, greater experience of working with refugees and good self-perceived awareness of community services were both identified as positive influences. What are the implications for practitioners?Practitioners should prioritise remedying barriers that are consistently identified as affecting the service provided to refugee patients (communication, health literacy and healthcare worker capacity) as part of their quality and service improvement efforts.
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Dawson, Jaz. "The externalization of Australian refugee policy and the costs for queer asylum seekers and refugees." Australian Journal of International Affairs 74, no. 3 (April 2, 2020): 322–39. http://dx.doi.org/10.1080/10357718.2020.1744519.
Повний текст джерела
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Taylor, Luke. "Designated Inhospitality: The Treatment of Asylum Seekers Who Arrive by Boat in Canada and Australia." McGill Law Journal 60, no. 2 (March 23, 2015): 333–79. http://dx.doi.org/10.7202/1029211ar.
Повний текст джерелаАнотація:
This paper argues that there are distinct parallels between changes to the Immigration and Refugee Protection Act enacted by Bill C-31 (2012), in particular the Designated Foreign National regime (DFN), and Australia’s treatment of asylum seekers who arrive by boat. It is contended that recent Australian history and policy demonstrate the perils of adopting an ideology of control and exclusion toward asylum seekers instead of a politics of hospitality, and that Australia’s present political climate provides a stark and salutary warning to Canada, as it follows a similar path of securitization. The paper first explains what is meant by a politics of hospitality. In Part I, it analyzes Australia’s attitude toward, and its treatment of, asylum seekers, focusing in particular on the period since 1989. It is argued that Australia’s inhospitable stance toward asylum seekers has had discernible negative outcomes that provide important lessons for Canada. Part II provides a brief historical overview of Canadian policy toward asylum seekers, followed by an analysis of the DFN regime with reference to international law. It then argues that the DFN provisions contravene the Canadian Charter of Rights and Freedoms. The paper concludes by suggesting that Canada is at risk of following Australia’s security-oriented, inhospitable stance toward asylum seekers.
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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.
Повний текст джерелаАнотація:
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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Clark, Catherine, and Caroline Lenette. "Enabling Pathways for Students from Refugee and Asylum-Seeker Backgrounds in Higher Education: Aspirations About Progression to Postgraduate Studies." Refugee Survey Quarterly 39, no. 2 (June 1, 2020): 244–71. http://dx.doi.org/10.1093/rsq/hdaa001.
Повний текст джерелаАнотація:
Abstract University students from refugee and asylum-seeker backgrounds (SRABs) have unique resettlement experiences related to disrupted education, family expectations, financial pressures, and visa uncertainty. These arduous experiences often translate into a strong determination to access education and persevere with tertiary studies. Supportive educational trajectories are crucial to increase social cohesion and help redress the personal and social disadvantages SRABs face. Yet, there is virtually no attention paid to aspirations about progression to postgraduate studies despite the diverse aspirations and talents of many. This article reports on a qualitative study that explored the perspectives of six SRABs and two academics at an Australian university on aspirations to postgraduate studies. Participants identified several obstacles and opportunities at personal, institutional, community, and policy levels. Many existing recommendations in the enabling pathways literature focus on what universities could do differently, but we argue for a whole-of-person approach that considers institutional as well as personal issues, to increase prospects of SRABs progressing to postgraduate studies. Universities can assist with better institutional support structures, mentoring, raising staff awareness about SRABs, and financial aid. While institutions might not be able to directly address financial, visa, and personal concerns, universities can implement simple strategies to minimise their impact.
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Bakker, Felix Ferdin. "Establish ASEAN-AUSTRALIA Communication In Resolving Humanitarian Issues For International Asylum Seekers and Refugees." Veteran Law Review 4, no. 1 (April 16, 2021): 53. http://dx.doi.org/10.35586/velrev.v4i1.2630.
Повний текст джерелаАнотація:
The current problem of refugees cannot be handled with policies that address the root of the problem. The increasing number of refugees in the Southeast Asian region makes transit countries overwhelmed in dealing with this problem. On the other hand, as a refugee recipient country in the last ten years, Australia has had a strict policy in accepting refugees. Australia's approach to return refugee ships to a transit country is a controversial policy because Australia itself is a country that signed the 1951 convention on refugee status. On the other hand, the existence of refugees and asylum seekers has a significant impact on the local community's social changes, and the current refugee policy arrangement is still in the hands of UNHCR ( United Nations High Commissioner for Refugees) under the auspices of the United Nations. There has been no concrete communication to touch the root of the problem of refugees and asylum seekers. Through an enthusiastic approach and communication with community-based management between ASEAN countries and Australia, it is hoped that it can resolve human rights issues related to supervision to empower refugees in society to become citizens of a third country, in this case, Australia.
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Crock, Mary. "SHADOW PLAYS, SHIFTING SANDS AND INTERNATIONAL REFUGEE LAW: CONVERGENCES IN THE ASIA-PACIFIC." International and Comparative Law Quarterly 63, no. 2 (March 6, 2014): 247–80. http://dx.doi.org/10.1017/s0020589314000050.
Повний текст джерелаАнотація:
AbstractWhile many Australians continue to see their roots in Western Europe, in matters concerning human rights and immigration control, Australia's culture and attitudes over time have become more closely aligned with those of States in its immediate geographical region. The trend finds obvious expression in the convergence of laws and policies governing the treatment of asylum seekers. This article uses as a case study various efforts made to establish regional frameworks for the management of irregular (forced) migration. The author argues that Australia's reversion to deflection and offshore processing as deterrent measures resonates with the discourse in two States that have been closely associated with the new ‘arrangements’: Malaysia and Indonesia. Australia's policies make express reference to laws and State behaviour in the region through what has been labelled the ‘no advantage’ principle governing Australia's treatment of asylum seekers presenting as unauthorized maritime arrivals (UMAs). The central idea is that these asylum seekers should gain no material advantage by reaching Australia in comparison with the situation they would face if their claims were processed in States of first refuge. If the comparators are the refugee-receiving States around Australia, the policy has to play out in the degradation of terms and conditions faced by UMAs in Australia. In the area of human rights and refugee policy, the author argues that Australia should be doing more to distinguish itself as a leader rather than follow the (generally poor) practices of its neighbours.
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Hartley, Lisa K., and Anne Pedersen. "Asylum Seekers and Resettled Refugees in Australia: Predicting Social Policy Attitude From Prejudice Versus Emotion." Journal of Social and Political Psychology 3, no. 1 (July 10, 2015): 179–97. http://dx.doi.org/10.5964/jspp.v3i1.476.
Повний текст джерелаАнотація:
While most of the world's refugees reside in developing countries, their arrival to western countries is highly politicised, giving rise to questions about the types of entitlements and rights that should, or should not, be granted. In this study, using a mixed-methods community questionnaire (N = 185), we examined attitudes towards social policies aimed at providing assistance to two categories of new arrivals to Australia: resettled refugees (who arrive via its official refugee resettlement program) and asylum seekers (who arrive via boat and then seek refugee status). Social policy attitude was examined as a consequence of feelings of anger, fear, and threat, as well as levels of prejudice. Participants felt significantly higher levels of anger, fear, threat, and prejudice towards asylum seekers compared to resettled refugees. For both resettled refugees and asylum seekers, prejudice was an independent predictor of more restrictive social policy attitudes. For resettled refugees, fear and perceived threat were independent predictors for more restrictive social policy whereas for asylum seekers anger was an independent predictor of restrictive social policy. The qualitative data reinforced the quantitative findings and extended understanding on the appraisals that underpin negative attitudes and emotional responses. Practical implications relating to challenging community attitudes are discussed.
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Silove, Derrick, Philippa McIntosh, and Rise Becker. "Risk of Retraumatisation of Asylum-Seekers in Australia." Australian & New Zealand Journal of Psychiatry 27, no. 4 (December 1993): 606–12. http://dx.doi.org/10.3109/00048679309075823.
Повний текст джерелаАнотація:
Australia has a long legacy of providing asylum to refugees who, it is now well established, suffer high rates of psychological and psychiatric problems requiring specialised treatment. In this paper we outline the special stressors faced by asylum-seekers who have not obtained formal refugee status and who are at risk of being forcibly repatriated. We suggest that the experiences they undergo in Australia, particularly that of prolonged detention, risk zretraumatising an already vulnerable group. The implications for policy formulation are considered.
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Wiraputra, Anindito Rizki. "THE IMPLICATION OF DEFINING REFUGEE IN INDONESIAN IMMIGRATION LEGAL SYSTEM." Jurnal Ilmiah Kajian Keimigrasian 1, no. 1 (April 27, 2018): 63–72. http://dx.doi.org/10.52617/jikk.v1i1.13.
Повний текст джерелаАнотація:
Indonesia as a country which did not ratify UN Convention 1951 on Status of Refugees and Protocol 1967, issued a Presidential Decree No.125/2016 on Handling Overseas Refugee in addressing the issues of foreign nation subject who intend to seek refuge by passing through Indonesian territory, generally aiming to seek refuge in Australia. These foreign nation subject introduced as “refugee” by media although the subject is unrecognized by Indonesian immigration law system. Indonesian immigration law only recognize subject as a person who enter or leave Indonesian territory by legal or illegal means. The definition of Refugee on Presidential Decree No.125/2016 is the first definition of the subject in Indonesian legal system, refers to both Refugee and Asylum Seekers in UN Convention 1951, which supposed to have different handling methods. Therefore, the implementation of Presidential Decree No.125/2016 leads to different understanding in immigration and foreign policy perspective on Refugee subject.
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Renzaho, Andre, Michael Polonsky, David Mellor, and Sheila Cyril. "Addressing migration-related social and health inequalities in Australia: call for research funding priorities to recognise the needs of migrant populations." Australian Health Review 40, no. 1 (2016): 3. http://dx.doi.org/10.1071/ah14132.
Повний текст джерелаАнотація:
Objective Migrants constitute 26% of the total Australian population and, although disproportionately affected by chronic diseases, they are under-represented in health research. The aim of the present study was to describe trends in Australian Research Council (ARC)- and National Health and Medical Research Council (NHMRC)-funded initiatives from 2002 to 2011 with a key focus on migration-related research funding. Methods Data on all NHMRC- and ARC-funded initiatives between 2002 and 2011 were collected from the research funding statistics and national competitive grants program data systems, respectively. The research funding expenditures within these two schemes were categorised into two major groups: (1) people focused (migrant-related and mainstream-related); and (2) basic science focused. Descriptive statistics were used to summarise the data and report the trends in NHMRC and ARC funding over the 10-year period. Results Over 10 years, the ARC funded 15 354 initiatives worth A$5.5 billion, with 897 (5.8%) people-focused projects funded, worth A$254.4 million. Migrant-related research constituted 7.8% of all people-focused research. The NHMRC funded 12 399 initiatives worth A$5.6 billion, with 447 (3.6%) people-focused projects funded, worth A$207.2 million. Migrant-related research accounted for 6.2% of all people-focused initiatives. Conclusions Although migrant groups are disproportionately affected by social and health inequalities, the findings of the present study show that migrant-related research is inadequately funded compared with mainstream-related research. Unless equitable research funding is achieved, it will be impossible to build a strong evidence base for planning effective measures to reduce these inequalities among migrants. What is known about the topic? Immigration is on the rise in most developing countries, including Australia, and most migrants come from low- and middle-income countries. In Australia, migrants constitute 26% of the total Australian population and include refugee and asylum seeker population groups. Migrants are disproportionately affected by disease, yet they have been found to be under-represented in health research and public health interventions. What does this paper add? This paper highlights the disproportions in research funding for research among migrants. Despite migrants being disproportionately affected by disease burden, research into their health conditions and risk factors is grossly underfunded compared with the mainstream population. What are the implications for practitioners? Migrants represent a significant proportion of the Australian population and hence are capable of incurring high costs to the Australian health system. There are two major implications for practitioners. First, the migrant population is constantly growing, therefore integrating the needs of migrants into the development of health policy is important in ensuring equity across health service delivery and utilisation in Australia. Second, the health needs of migrants will only be uncovered when a clear picture of their true health status and other determinants of health, such as psychological, economic, social and cultural, are identified through empirical research studies. Unless equitable research funding is achieved, it will be impossible to build a strong evidence base for planning effective measures to reduce health and social inequalities among migrant communities.
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Lippi, Kehla, Fiona H. McKay, and Hayley J. McKenzie. "Representations of refugees and asylum seekers during the 2013 federal election." Journalism 21, no. 11 (October 5, 2017): 1611–29. http://dx.doi.org/10.1177/1464884917734079.
Повний текст джерелаАнотація:
Immigration policy, arrival modes, human rights, and international obligations have all been part of the debate that has ensued over the Australian Government’s policy response towards refugees and asylum seekers. This debate was a central campaign focus in the lead up to the 2013 Australian federal election and was accompanied by extensive media coverage. This media coverage is a significant contributor to the representation of refugees and asylum seekers to the Australian public. This study explores how refugees and asylum seekers were represented in Australian print news media in the period immediately before and after the 2013 federal election. Using news framing and critical discourse analysis, this study examined 162 articles, published between 7 August and 8 October 2013, in Australian newspapers. The analysis revealed two opposing themes in the representation of asylum seekers: refugees and asylum seekers were represented as either a threat requiring a military intervention or as victims requiring management. The findings of this study demonstrate the ways in which the print media contribute to a polarised representation of refugees and asylum seekers and the potential deleterious effect of this dichotomous construction to an informed public opinion.
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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.
Повний текст джерелаАнотація:
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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Leroy, Matthew. "Controlling the Ever Threatening ‘Other’." Australia, no. 28/3 (January 15, 2019): 133–34. http://dx.doi.org/10.7311/0860-5734.28.3.12.
Повний текст джерелаАнотація:
Ideas of Australia being invaded by a foreign ‘Other’ have been present throughout much of its history and this legacy is still present today. My paper will reveal the red thread of control that runs through Australia’s attitude and policy towards asylum seekers since European arrival. Claims of current restrictions against asylum seekers being mere Islamophobia ignore this history. From the grudging admission of Jewish refugees during times of Nazi oppression to quotas placed on certain nationalities and later draconian punishments for those claiming asylum without a prior visa, control of the ‘Other’ has been a constant theme, with current policies of mandatory detention and off shore processing on far away Pacific islands separating the Australian ‘Self’ from the foreign ‘Other.’
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Smith-Khan, Laura. "Telling stories: Credibility and the representation of social actors in Australian asylum appeals." Discourse & Society 28, no. 5 (June 9, 2017): 512–34. http://dx.doi.org/10.1177/0957926517710989.
Повний текст джерелаАнотація:
To secure protection in the global North, asylum-seekers must overcome restrictive government policies and present a convincing refugee narrative. Their credibility becomes their main asset and must survive the multiple challenges arising from intercultural communication and interactions involving multiple institutional actors. Aiming to explore the impact institutional understandings of refugee narrative creation have on credibility assessment, I present the findings of an analysis of a corpus of documents from the Australian tribunal responsible for the administrative review of asylum decisions. I critically analyse these texts to identify how the tribunal and its agents discursively present the various actors involved in asylum appeals. I argue that despite the cautions of existing scholarship, these texts present the asylum-seeker as the sole author of the final refugee narrative, regardless of the role that decision-makers and other actors, such as lawyers and interpreters, play in its co-construction. Thus, the institution places disproportionate responsibility on the asylum-seeker for communication outcomes, creating significant challenges for their credibility.
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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.
Повний текст джерелаАнотація:
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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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.
Повний текст джерелаАнотація:
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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Stevens, Christine A. "Asylum Seeking in Australia." International Migration Review 36, no. 3 (September 2002): 864–93. http://dx.doi.org/10.1111/j.1747-7379.2002.tb00107.x.
Повний текст джерелаАнотація:
The rise in the number of asylum seekers in Australia presents considerable challenges to the state as they are a self-selected, demand-driven group, whose numbers, country of origin, ethnic background, and social demographic characteristics cannot be determined in advance of their arrival. People who apply for protection at the border are regarded primarily as illegal immigrants, and only secondarily as asylum seekers, and the illegality of their entry has become the primary factor in the way they are treated by the state, rather than their need for protection. Two streams of asylum seekers and two streams of refugees have been created. There are marked differences in the treatment given while claims for protection are examined and once decisions have been made in their favor. This article examines the development of asylum policy in Australia and sets the discussion within a review of the number of people who have applied for and been granted protection in recent years.
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Walsh, Moira, Clemence Due, and Anna Ziersch. "“More Important than COVID-19”: Temporary Visas and Compounding Vulnerabilities for Health and Well-Being from the COVID-19 Pandemic for Refugees and Asylum Seekers in Australia." Refuge: Canada's Journal on Refugees 38, no. 1 (April 29, 2022): 11–26. http://dx.doi.org/10.25071/1920-7336.40840.
Повний текст джерелаАнотація:
Refugees and asylum seekers on temporary visas typically experience interacting issues related to employment, financial precarity, and poor health and well-being. This research aimed to explore whether these issues were exacerbated by the social impacts of COVID-19. Interviews were conducted both prior to and during the COVID-19 pandemic with 15 refugees and asylum seekers living in South Australia on temporary visas. While this research found that COVID-19 did lead to a range of negative health and other outcomes such as employment challenges, a key finding was the reiteration of temporary visas as a primary pathway through which refugees and asylum seekers experience heightened precarity and the associated pervasive negative health and well-being outcomes. The findings emphasize the importance of immigration and welfare policy.
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Briskman, Linda. "The Creeping Blight of Islamophobia in Australia." International Journal for Crime, Justice and Social Democracy 4, no. 3 (October 5, 2015): 112–21. http://dx.doi.org/10.5204/ijcjsd.v4i3.244.
Повний текст джерелаАнотація:
In the latter months of 2014, following events in faraway Iraq and Syria, Australia responded forcefully at home. The manufactured fear of a terrorist attack resulted in police raids, increased counter-terrorism legislation and scare campaigns to alert the public to 'threat'. Although Islamophobia rose in Australia after 2001 it has been latent in recent years. It is on the rise again with collateral damage from government measures including verbal and physical attacks on Australian Muslims. Vitriol is also directed at asylum seekers and refugees. Media, government and community discourses converge to promote Islam as dangerous and deviant.
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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.
Повний текст джерелаАнотація:
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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Marx, Reinhard. "The European Union’s Plan to Amend the ‘First Country of Asylum’ and ‘Safe Third Country’ Concepts." International Journal of Refugee Law 31, no. 4 (December 2019): 580–96. http://dx.doi.org/10.1093/ijrl/eeaa002.
Повний текст джерелаАнотація:
Abstract This article examines the European Commission’s 2016 proposals relating to asylum procedures and the Dublin mechanism. In particular, it analyses what State responsibility for protection means in the context of the ‘first country of asylum’ and ‘safe third country’ concepts, which are addressed in the Commission’s Asylum Procedures Proposal. What effect does the common responsibility of all parties to the Refugee Convention have on a particular State’s individual obligations when it examines a refugee’s application for protection? Can a State simply transfer asylum seekers to another State without seeking assurances from that ‘safe third country’ that they will be granted access to refugee status determination procedures? Does a State’s responsibility end after it removes an asylum seeker or is it obliged to cooperate with the destination State? Does merely transiting through a country mean that it is a ‘safe third country’ to which an asylum seeker can be returned? Can an asylum seeker be sent to a State that is safe in one or two regions, but is otherwise unstable? The article considers these and other questions, taking a sceptical approach to the European Commission’s proposal relating to the ‘safe third country’ concept.
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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.
Повний текст джерелаАнотація:
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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Allard, Silas W. "Reimagining Asylum: Religious Narratives and the Moral Obligation to the Asylum Seeker." Refuge: Canada's Journal on Refugees 29, no. 1 (October 18, 2013): 121–29. http://dx.doi.org/10.25071/1920-7336.37521.
Повний текст джерелаАнотація:
The narrative that grounds the asylum policy of the United States portrays asylum seekers as passive objects of external forces. This narrative emerges from the complex interplay of exceptionality and victimization that characterizes the legal status and popular perception of the refugee. It is then read back onto the asylum seeker through a supereroga- tory asylum policy that is unable to recognize the moral demand made by the asylum seeker. The project this essay is drawn from seeks to challenge the policy of asylum as charity by interrogating alternative narratives grounded in the Hebrew Bible story of the Exodus and the Qu’ranic story of the Hijra. In these narratives, flight from oppression is portrayed as an act of moral agency, and the asylum seeker’s capacity as Other to make a moral demand on the Self emerges. Thus, I argue that an asylum policy informed by these alternative narratives needs must question its supererogatory assumptions.
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Zayzda, Nurul Azizah, and Sri Wijayanti. "Negara Maritim Indonesia, Migrasi Tidak Teratur, dan Hak Pengungsi Lintas Batas." Insignia Journal of International Relations 3, no. 02 (November 18, 2016): 48. http://dx.doi.org/10.20884/1.ins.2016.3.02.472.
Повний текст джерелаАнотація:
AbstrakMakalah ini membahas kebijakan Indonesia sebagai sebuah negara maritim dalam menghadapi persoalan migrasi tidak teratur, khususnya disini yang berdampak pada pencari suaka dan pengungsi lintas batas. Isu migrasi tidak teratur masih merupakan persoalan yang dihadapi oleh negara maritim yang memiliki akses terbuka berupa laut yang menjadi jalur utama perjalanan migran menuju negara tujuan. Sebagai negara yang terletak di jalur pelayaran utama dunia, di tengah tengah benua Australia dan Asia, Indonesia seringkali dihadapkan pada persoalan ini dimana Indonesia menjadi jalur atau negara transit pengungsi dan pencari suaka yang kebanyakan datang dari wilayah Timur Tengah dan Asia Selatan. Menurut data UNHCR, saat ini terdapat sekitar 13 ribu pengungsi dan pencari suaka di Indonesia, dan jumlah ini meningkat dari tahun-tahun sebelumnya. Indonesia sebagai negara maritim memiliki prinsip bahwa kepulauan dan kelautan Indonesia merupakan satuan pertahanan dan keamanan Indonesia (Zen, 2000, dikutip dari Geomagz, 2016). Namun penting untuk lebih jauh melihat bagaimana prinsip ini memandang hak asasi manusia dalam isu krisis kemanusiaan seperti pengungsi lintas batas dan pencari suaka. Makalah ini bertujuan untuk menjelaskan bagaimana karakter kemaritiman yang diambil Indonesia berpengaruh terhadap cara Indonesia menyikapi pengungsi lintas batas yang melakukan perjalanan dengan penyelundupan manusia. Makalah ini dibatasi lebih lanjut kepada bentuk kerjasama internasional untuk menangani penyelundupalajan manusia yang diinisiasi oleh atau melibatkan Indonesia. Dari sini kemudian ditarik kesimpulan mengenai hambatan pemenuhan hak pengungsi lintas batas dalam sistem internasional yang berdasarkan kedaulatan negara-bangsa.Kata-kata kunci: negara maritim, penyelundupan manusia, hak-hak pengungsi lintas batas, pencari suaka.
AbstractThis paper discusses the policy of Indonesia as a maritime country in addressing the issue of irregular migration, especially that impact on asylum seekers and refugees. The issue of irregular migration is still faced by maritime nations that have open access in the form of sea which became the main route of migrant journey to the destination country. As a country located in the world's major shipping lanes, in the middle of the continent of Australia and Asia, Indonesia is often faced with this problem given that Indonesia is a transit country of refugees and asylum seekers mostly from the Middle East and South Asia. According to data from UNHCR, there are currently about 13 thousand refugees and asylum seekers in Indonesia, and this number increased from previous years. Indonesia as a maritime country has a principle that Indonesia is an archipelago while maritime is part of its defense and security unit (Zen, 2000, cited from Geomagz, 2016). However it is important to further see how this principle oversees the issue of human rights in humanitarian crises such as refugees and asylum seekers.This paper aims to explain how the maritime character of Indonesia affects its ways to address refugee travel with people smuggling. This paper is further limited to the forms of international cooperation to tackle human smuggling initiated by or involving Indonesia. The obstacles to meet the refugee rights in the international system that is based on the sovereignty of the nation-state is then concluded.
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Varghese, Hanna Merin. "Writing in and Out of Exile: A Foucauldean Reading of No Friend but the Mountains by Behrouz Boochani." International Journal of Management and Humanities 5, no. 11 (July 30, 2021): 1–7. http://dx.doi.org/10.35940/ijmh.j1336.0751121.
Повний текст джерелаАнотація:
“Refugee” is a historically constructed term that privileged concerns that are substantially ideological and political rather than economic and ecological. But one cannot neglect the fact that environmental and economic concerns cannot be set apart from the political and hence rises the necessity to create a new inclusive category of “ essential needs” to consider their intrinsic interconnectivity as its one of the apriorism. Refugee literature essentially addresses not only the displacement but the gaps that are found in the sociological approach to “statelessness” and migration. On the other hand, literature stands for individual expressions and experience. Literature in the context of statelessness not only signifies the notion of being a “refugee” but being an “ asylum, seeker” as well. No Friend but the Mountains by Behrouz Boochani is such an autobigraphcial novel written in the backdrop of his experience as an asylum seeker and consequent incarceration in the Australian detention regime. The Australian detention centre is built and worked in such a way that it satisfies the idea of the panopticon. The Kyriarchal system works in the prison even in a way that affects the psyche of the imprisoned individuals and thus these stateless asylum seekers undergo extreme existential dilemmas and commit severe crimes, turning against one another and sometimes even suicides. On the basis of the experiences of Boochani, the carceral system of Australian detention centre is expounded here through a Foucaludean idea of punishment, Bentham’s notion of the panopticon as well Fiorenza’s idea of kyriarchy where all of them are essentially different shades and shapes of exerting power.
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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.
Повний текст джерелаАнотація:
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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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.
Повний текст джерелаАнотація:
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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Chuah, Fiona Leh Hoon, Sok Teng Tan, Jason Yeo, and Helena Legido-Quigley. "Health System Responses to the Health Needs of Refugees and Asylum-seekers in Malaysia: A Qualitative Study." International Journal of Environmental Research and Public Health 16, no. 9 (May 6, 2019): 1584. http://dx.doi.org/10.3390/ijerph16091584.
Повний текст джерелаАнотація:
Background: This study was conducted to examine the responses and challenges in addressing the health needs of refugees and asylum-seekers in Malaysia from a health systems and policy perspective. Methods: Twenty semi-structured in-depth interviews were conducted with key informants comprising experts, healthcare professionals and program personnel with professional experience in refugee health issues. Deductive and inductive analyses were conducted to identify themes. Results: Our study identified a broad range of actors involved in the response to refugee health locally, of which a greater alignment of interests, collaboration and sharing of responsibility is needed. From a health systems and policy perspective, financial constraints are among the key challenges in addressing the health needs of the refugee and asylum-seeker population in Malaysia. While participants reported high quality healthcare being present in Malaysia, this was not affordable to refugees and asylum seekers. Cultural and language discordance are also key challenges faced by healthcare workers in the delivery of services; accentuating the need for greater cultural competence and language support. Improved access to medication is needed for those with chronic illnesses in order to effectively address the comprehensive health needs of the refugee and asylum-seeker population. Conclusions: Suggested ways forward include adopting a comprehensive health advocacy strategy grounded in the right to healthcare for all; adopting a multi-sectoral approach; tackling the social determinants of health; seeking diversified funding at the global and national level; and improving coordination and collaboration between the various actors.
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Corbett, Elizabeth J. M., Hasantha Gunasekera, Alanna Maycock, and David Isaacs. "Australia's treatment of refugee and asylum seeker children: the views of Australian paediatricians." Medical Journal of Australia 201, no. 7 (October 2014): 393–98. http://dx.doi.org/10.5694/mja14.00279.
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Gleeson, Madeline. "Protection Deficit: The Failure of Australia’s Offshore Processing Arrangements to Guarantee ‘Protection Elsewhere’ in the Pacific." International Journal of Refugee Law 31, no. 4 (October 16, 2019): 415–63. http://dx.doi.org/10.1093/ijrl/eez030.
Повний текст джерелаАнотація:
Abstract In 2012, Australia reintroduced arrangements for ‘offshore processing’ in the Pacific, which forcibly transferred asylum seekers arriving by boat to the Republic of Nauru and Papua New Guinea (PNG), purportedly for refugee status determination (RSD). Previous studies have focused on the detention of asylum seekers transferred to these States in ‘regional processing centres’ (RPCs). This article instead provides a factual foundation for more current inquiries into the content and scope of each State’s protection obligations under international law, which have increased in importance since the end of closed detention in the RPCs in 2015 and 2017. The formal legal and diplomatic arrangements established in and between the three States for the transfer of asylum seekers; processing of their claims; and provision of durable solutions will be examined, with reference to the minimum standards required. The article identifies a protection deficit in the legal architecture and bilateral arrangements underpinning offshore processing. Since their inception, the arrangements have lacked clarity regarding the respective obligations of the three States; involved transfers even in the absence of fair and efficient procedures for RSD in Nauru and PNG; and failed to ensure timely access to appropriate outcomes for all transferees (whether determined to be in need of international protection or not). The article therefore concludes that Australia should facilitate readmission to its territory for all people in Nauru and PNG who do not have access to an appropriate alternative outcome. It also suggests that any future attempts to establish third country transfer procedures will require radically different legal and diplomatic arrangements to enhance responsibility sharing and cooperation on refugee protection, and to comply with international law.
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Mares, Sarah, Louise Newman, Michael Dudley, and Fran Gale. "Seeking Refuge, Losing Hope: Parents and Children in Immigration Detention." Australasian Psychiatry 10, no. 2 (June 2002): 91–96. http://dx.doi.org/10.1046/j.1440-1665.2002.00414.x.
Повний текст джерелаАнотація:
Objective: To record observations made by the authors on a series of visits between December 2001 and March 2002 to two of Australia's immigration detention centers and to consider the mental health consequences of Australia's policy of mandatory immigration detention of asylum seekers for families and children. Conclusions: Parents and children in immigration detention are often vulnerable to mental health problems before they reach Australia. Experiences in prolonged detention add to their burden of trauma, which has an impact not only on the individual adults and children, but on the family process itself. Immigration detention profoundly undermines the parental role, renders the parent impotent and leaves the child without protection or comfort in already unpredictable surroundings where basic needs for safe play and education are unmet. This potentially exposes the child to physical and emotional neglect in a degrading and hostile environment and puts children at high risk of the developmental psychopathology that follows exposure to violence and ongoing parental despair. Psychiatrists have a role in advocating for appropriate treatment of these traumatized and vulnerable parents and children.
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Kneebone, Susan. "Australia as a Powerbroker on Refugee Protection in Southeast Asia: The Relationship with Indonesia." Refuge: Canada's Journal on Refugees 33, no. 1 (March 23, 2017): 29–41. http://dx.doi.org/10.25071/1920-7336.40446.
Повний текст джерелаАнотація:
Using the example of Australian-Indonesian cooperation on deterrence of asylum seekers in transit through Indonesia to Australia, this article challenges the view that Australia is a regional hegemon. It does this through two main methods. First, it engages in a close analysis of the shifting relationship between the two countries on refugee and asylum-seeker issues through different periods since 2001 to 2016. This demonstrates that the relationship is in fact more nuanced than previously suggested by other scholars. Second, it refers to Thomas Pedersen’s political concept of “cooperative hegemony,” which focuses upon “ideationalinstitutional realism” as a lens through which to view regional co-operation. It analyzes the institutional nature of the Australian–Indonesian cooperation relationship in the Southeast Asian context, to demonstrate that Australia has not established itself as a model of “cooperative hegemony.”