keywords: Immigration Law

There are more than 200 results, only the first 200 are displayed here.

  • AUSTRALIA

    Hamid crushed by Australia's immigration laws

    • Kerry Murphy
    • 28 September 2015
    10 Comments

    Hamid is stateless, and came to Australia by boat in mid 2012. He will never get permanent residence, because of his age or because the law states that if you ever held a TPV, you can never get the permanent protection visa. When I explained this to him, I thought might cry. He is now unable to see a way of getting a long term solution for himself and his family, all because of the need to punish refugees who arrive in Australia by boat.

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  • AUSTRALIA

    Immigration law under Labor

    • Kerry Murphy
    • 31 October 2007
    1 Comment

    ALP Immigration Policy includes both change and continuity. It gives more priority to teaching English over testing, but there's still too much reliance on ministerial discretion rather than the judicial system.

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  • AUSTRALIA

    Lawyers the last line of defence for dumped refugees

    • Kate Galloway
    • 31 August 2017
    7 Comments

    It is true that lawyers, in doing their work, have interrupted the government's agenda of attempting to deny the humanity of asylum seekers. However, it goes to the heart of our system of governance that power is exercised within lawful boundaries. It is therefore ironic that the Minister, whose own powers are circumscribed by the Australian Constitution, and who is looking for an easy workaround, should criticise lawyers for being 'tricky'.

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  • INTERNATIONAL

    Immigration and the baby shortfall

    • Sean Cowan
    • 25 August 2017
    8 Comments

    It seems like immigration hasn’t been seen in a positive light of late. Control over immigration has been a central theme in the successful Brexit bid in the United Kingdom. America elected a president who suggests tougher laws and screening for immigrants. Syrian refugees were welcomed by the thousands into Canada (46,700 in 2016 alone to be exact) not without considerable controversy.

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  • RELIGION

    'Equal laws and equal rights ... dealt out to the whole community'. How close 161 years on?

    • Frank Brennan
    • 04 December 2015
    1 Comment

    'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.

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  • AUSTRALIA

    Australian Border Force cuts through the fence of law and due process

    • Andrew Hamilton
    • 03 September 2015
    6 Comments

    Last week the Reform Summit and the Australian Border Force's aborted Operation Fortitude were responses to the the perceived paralysis in Australian politics and public life. The Summit was a commendable initiative demonstrating that organisations with diverging agendas can talk together and reach consensus. It offered a chastening example to the political parties that currently emphasise their areas of disagreement and prefer to smash through — rather than think through — the obstacles to Australia’s prosperity.

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  • AUSTRALIA

    Retrospectivity a blow to the rule of law

    • Justin Glyn
    • 29 June 2015
    8 Comments

    Steve Ciobo MP described Zaky Mallah’s terrorism acquittal as based on a 'technicality'. This was that the anti-terror laws enacted after his acquittal were 'not retrospective'. The truly frightening thing about retrospective laws is that they make conduct which is perfectly legal when it is done, criminal by fiat. Anyone can be convicted of anything retrospectively, and this is why it is forbidden in the constitutions of many countries.

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  • AUSTRALIA

    Could Immigration 'secrecy' act trump mandatory reporting of abuse?

    • Justin Glyn
    • 09 June 2015
    6 Comments

    All Australian states and territories have mandatory reporting legislation requiring compulsory disclosure of suspected child abuse by relevant professionals. The Australian Border Force Act requires the permission of the Secretary before any disclosure of criminal conduct is made to the relevant authorities. Should an Immigration professional who works with children fulfil their mandatory reporting obligations if this permission is not granted (and face two years in prison) or not?

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  • AUSTRALIA

    Excising the Rule of Law

    • Justin Glyn
    • 21 April 2015
    15 Comments

    When the term 'Rule of Law' was coined in the 19th century, it included a reasonable conduct stipulation to ensure fairness. A bill currently working its way through Federal Parliament would give those working in detention centres a low threshold in the use of force against detainees. The criterion of reasonableness of the officer’s conduct would be replaced by what an officer believes is reasonable.  

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  • AUSTRALIA

    Overplaying the Immigration Minister's trump card

    • Kerry Murphy
    • 29 October 2014
    7 Comments

    Former Immigration Minister Senator Chris Evans once expressed concern about how much personal power was vested in his position when making decisions about particular cases. The current Minister, on the other hand, is trying to increase the number of such powers, and is much more likely to use the ministerial trump card to avoid judicial scrutiny. In a parliamentary system that relies on the checks and balances between the Parliament, Executive and Judiciary, one arm of government should not be able to overrule another.

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  • AUSTRALIA

    Morrison's law of intended consequences

    • Tony Kevin
    • 21 February 2014
    36 Comments

    Manus is not subject to Australian law and public accountability safeguards, or only very imperfectly. Cover-up of atrocity is a lot easier in Manus than it would be in an Australian detention centre. And this of course is what was intended. Manus is part of the asylum-seeker deterrent system. The fear of death at sea, and the fear of death by security force brutalisation at Manus, are intended to deter asylum-seeker voyages. To stop the boats.

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  • AUSTRALIA

    We all lose when governments trash the law

    • Andrew Hamilton
    • 11 December 2012
    15 Comments

    Evidence about the persecution of returned Sri Lankan asylum seekers calls into question the justice of summary repatriation. And the actions of the Australian Government have thrown doubt on its legality. The rule of law is a delicate web of relationships that protects the weak from the tyranny of the great, and we are all weaker when it is broken. 

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