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Keywords: Refugee Review Tribunal

  • AUSTRALIA

    Best of 2023: How Australia's asylum seeker policy has evolved over thirty years

    • Kerry Murphy
    • 04 January 2024

    Throughout recent decades of Australian history, the stance every government has taken on asylum seekers has reflected the shifting political landscapes and challenging humanitarian issues that have continually shaped Australia's response to those seeking refuge. 

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  • AUSTRALIA

    Three steps back and one step forward: Three decades of asylum seekers in Australia

    • Kerry Murphy
    • 28 July 2023

    How has Australia's asylum seeker policy changed over the past thirty years? The approach of every government has reflected the shifting political landscapes and challenging humanitarian issues that have continually shaped Australia's response to those seeking refuge. 

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  • AUSTRALIA

    Back to Bilo for a Tamil family

    • Kerry Murphy
    • 02 June 2022
    7 Comments

    The case of the Murugappan family illustrates the punitive and puritanical approach of the previous government towards human beings arriving in Australia by boat and then seeking asylum. The tone of each message clearly reflects totally different attitudes towards the people affected, with special note of the fact that Minister Chalmers rang the family to tell them, and then rang people in Biloela to pass on the news.

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  • AUSTRALIA

    What is a just outcome for the Biloela family?

    • Paul Cutler
    • 24 August 2021
    21 Comments

    I believe in the rule of law and I appreciate that the proper application of the law does not always produce a fair or popular result. I also believe that Australia's refugee policy is too harsh and deeply flawed. However, that policy is bipartisan and appears to be inexplicably popular. The same 'fortress Australia' mentality is evident in our efforts to contain Covid-19.

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  • AUSTRALIA

    The fraying of judicial nerves in migration cases

    • Frank Brennan
    • 13 July 2021
    12 Comments

    Australian governments and judges have been playing catch up for a long time trying to deal with the backlog of claims for migrant visas. A couple of recent judgments highlight the frustration at work in the system.

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  • AUSTRALIA

    Playing God with the Tamil family's fate

    • Kerry Murphy
    • 23 September 2019
    8 Comments

    Last week the Federal Court granted an interim injunction to a child born in Australia preventing her removal from Australia. The case raises complex issues regarding the statutory bars preventing asylum seekers from even making any application at all, and the exercise of the ministerial discretion to lift that bar.

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  • AUSTRALIA

    Justice is slow in the 'fast' asylum regime

    • Stephen Lawrence
    • 15 July 2019
    6 Comments

    The defeat of Bill Shorten will impact particularly harshly on thousands of asylum seekers who arrived by sea during the Gillard and Second Rudd governments. The 'Fast Track Assessment Process' has left thousands of genuine refugees in limbo and made lawful what would otherwise be considered gross administrative misfeasance.

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  • AUSTRALIA

    Border Force Keystone Cops no laughing matter

    • Kerry Murphy
    • 04 September 2015
    18 Comments

    While we can shake our heads and laugh at last week's farce in Melbourne, we should be more concerned about the many ways this government is punishing refugees in the law, using language to demonise people and and setting up systems geared to rejecting applications. We don't need black uniforms and guns, or any form of militarisation and politicisation of Immigration.

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  • AUSTRALIA

    Asylum seeker Ali's successful day in court

    • Kerry Murphy
    • 13 February 2015
    23 Comments

    Former Immigration Minister's Scott Morrison's ruthless determination to prevent refugees arriving by boat from getting permanent residence has been successfully challenged. On Wednesday, the High Court ordered the current Immigration Minister to grant a permanent protection visa to a Pakistani Hazara 'S297'. Such an instruction is almost unheard of, as usually the Minister is asked to re-make the decision lawfully.

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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

    Just like the original TPV only nastier

    • Kerry Murphy
    • 01 October 2014
    14 Comments

    Last week, Immigration Minister Scott Morrison proposed migration law changes that he said would speed up processing of the backlog of refugee claims, and allow asylum seekers to 'get on with their lives'. In fact they do nothing of the sort. The new temporary protection visa (TPV) denies family sponsorship, travel to visit family, and more.

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  • AUSTRALIA

    Stopping the boats at any cost

    • Andrew Hamilton
    • 10 July 2014
    21 Comments

    Like the Dictation Test devised devised to enforce the White Australia Policy, the National Interest Test would allow the Minister to exclude anyone he wanted. People who claim protection can be confident that the Australian Government will not have them or their dogs killed, but they will have no confidence that they will not be placed in dangerous situations or returned to places where they fear for their lives.

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