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Keywords: Detention

  • AUSTRALIA

    How a High Court verdict upended indefinite detention

    • Kerry Murphy
    • 08 December 2023
    4 Comments

    On 8 November, the High Court ordered a stateless Rohingya refugee known only as NZYQ to be released from detention. He could not be granted a visa because he was found gulity of sexually assaulting a minor, and he could not be sent anywhere because he is stateless. Until 8 November, he was stuck in indefinite mandatory detention.

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  • AUSTRALIA

    The High Court and the detention of asylum seekers

    • Frank Brennan
    • 04 December 2023
    8 Comments

    Last month, the High Court overturned a controversial 2004 decision, reaffirming the principle that asylum seekers cannot be detained indefinitely without prospects of deportation. This ruling not only corrects a historical misstep but also reasserts the High Court's commitment to limiting executive overreach.

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  • AUSTRALIA

    When law making bastardises the Law

    • Andrew Hamilton
    • 30 November 2023
    8 Comments

    Any legislation hastily designed to negate the effect of the High Court decisions will be vulnerable again to be struck down on judicial appeal. That haste suggests an initial disregard for human rights and the rule of law by Governments and an ingrained resistance to any limitation of its power. Vindictive laws come at a heavy cost to the integrity and reputation of the lawmakers. 

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  • CARTOON

    Loophole

    • Glen Le Lievre
    • 17 November 2023

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  • AUSTRALIA

    Hardened criminals and hardened hearts

    • Andrew Hamilton
    • 21 September 2023

    In a better world, people who seek protection in Australia and people removed from prison would not be detained in the same detention centres. But the grounds for differential treatment are not based on the difference between guilty and innocent people; between asylum seekers and 'hardened criminals'. Both groups are worthy of respect and compassion. 

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  • AUSTRALIA

    State-sanctioned child abuse serves no-one

    • Andrew Hamilton
    • 20 July 2023
    1 Comment

    A Supreme Court judge in Western Australia has banned solitary confinement at Banksia Detention Centre, shining a light on the controversial practices within the nation's juvenile justice centres. Yet, public response remains muted despite the troubling revelations, raising concerns about systemic failures, the need for empathy and societal responsibility towards our youth.

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  • AUSTRALIA

    Reading the entrails of Robodebt

    • Andrew Hamilton
    • 12 July 2023
    6 Comments

    Navigating the murky waters between legality and morality, Robodebt and the prolonged hotel detention of asylum seekers are both marred by the same neglect of human dignity and ethical responsibility, and should spark urgent discussions about our societal attitudes towards the vulnerable and the dire need for an ethical transformation.

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  • INTERNATIONAL

    Nicaragua’s Catholic Church: A nuanced conflict

    • Antonio Castillo
    • 01 September 2022
    2 Comments

    In Nicaragua, Catholic priests and institutions are under siege. In the last five months, the Ortega regime has increased its persecution of the Church, accusing them of being ‘terrorists.’ The conflict has been further exacerbated by the detention of Bishop Rolando Álvarez, the most outspoken critic of Ortega. In less than four years, the Church has suffered 190 attacks, including a fire in the Cathedral of Managua. However, the crisis in Nicaragua is not as clear-cut as it might seem.

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  • AUSTRALIA

    Former detainee seeks compensation for unlawful detention

    • Maeve Elrington
    • 02 August 2022
    3 Comments

    Former detainee, Kurdish-Iranian refugee Mostafa ‘Moz’ Azimitabar, seeks compensation from the Federal Government for what he alleges was unlawful detention. Detained offshore in Papua New Guinea (PNG) and in Australia for almost eight years, Moz is seeking compensation in the Federal Court of Australia for the physical and emotional toll of his detention, particularly from the final 14 months of detention in two Melbourne based hotels.

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  • AUSTRALIA

    Juvenile injustice

    • Julian Butler
    • 22 February 2022
    5 Comments

    Having previously spent time as lawyer working predominantly in the Children’s Court of Victoria, there isn’t too much about the State’s treatment of young people that shocks me. That is, until a few weeks ago when I was drawn to the final item of The Weekend Australian’s editorial column. Under the heading, ‘Hurt boy’s inhuman treatment’, was set out the details of a 15-year-old West Australian boy who had been ‘locked alone in a glass-walled observation cell of a juvenile detention centre in the southern suburbs of Perth for 79 days.’    

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  • CARTOON

    Cruel to be kind

    • Fiona Katauskas
    • 15 February 2022

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  • AUSTRALIA

    The ebbtide of responsibility

    • Andrew Hamilton
    • 28 July 2021
    9 Comments

    The tidal movement from treating children as persons each with their own dignity, and worthy of respect and of encouragement to a good future, to treating them as adult and incorrigible criminals worthy only of punishment is both irrational and injurious of society as well as of the children themselves. Yet it is deeply rooted in the mindset of all Australian Governments.

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