keywords: Migration Law

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

  • AUSTRALIA

    The problematic 'saving lives at sea' argument

    • Kerry Murphy
    • 28 July 2015
    35 Comments

    When refugee advocates criticise harsh policies such as boat turnbacks, they are confronted with claims that the measures are necessary for saving lives at sea. This justification has dominated the debate to the extent that any policy which further restricts refugee rights becomes justifiable on this ground. Imagine a proposal to ban cars because there were too many people killed and injured on the roads.

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  • AUSTRALIA

    Terrorist or criminal? Why it matters

    • Kerry Murphy
    • 17 July 2015
    7 Comments

    How we name someone makes a big difference. Criminals are subject to the criminal justice system. They can access legal aid and the prosecution must prove its case. Whereas terrorists can have their citizenship cancelled under the proposed changes to the Citizenship Act if they are a dual national, even without a conviction.

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  • AUSTRALIA

    Zen and the art of wealth amassment

    • Ellena Savage
    • 17 July 2015
    4 Comments

    There is a suburban myth about migrant families. The first generation toil, the second become professionals, and the third artists. Like all dynasties, the Rineharts are destined to one day represent the crusty relics of former glory. That's fine. I mean, why would the beneficiaries of other people's obsessive toils and struggle work, if they didn't have to?

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  • INTERNATIONAL

    The depths of common cause between Australia and Nauru

    • Justin Glyn
    • 14 July 2015
    3 Comments

    In an impressive demonstration of how the revocation of citizenship can be made to work to defend the national reputation and lifestyle of a country against those who would wish it harm, five of the country's seven opposition MPs (in a 19 member Parliament) have had their passports cancelled for 'damaging the reputation and development of the country'. In Australia, at least for the moment, damaging of Government property will still be required for the Minister of Immigration and Border Protection to revoke citizenship under the new anti-terror provisions in s.35A of the Citizenship Act.

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  • AUSTRALIA

    The Border Force Act's disquieting parallels

    • Andrew Hamilton
    • 06 July 2015
    32 Comments

    On July 1 the Australian Border Force Act 2015 became law. Detention centre staff are now forbidden to speak about human rights abuses, with a two year jail penalty applying. It is perhaps appropriate to recall the secrecy of the security apparatus of Stalinist Russia, Apartheid South Africa, and Chile and Argentina under the Generals, where victims were denigrated and information prevented from leaking out.

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  • AUSTRALIA

    Whistleblowing and other new crimes

    • Fatima Measham
    • 26 June 2015
    7 Comments

    Ministerial discretion over citizenship can't replace court processes. Such executive overreach, which contradicts democratic principle, has already found expression in law. From July 1st, workers involved in immigration detention, including doctors and teachers, are subject to two years imprisonment for speaking publicly about what they witness. In other words, whistleblowing has been penalised.

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  • INTERNATIONAL

    An Orwellian reading of our anti-terror legislation

    • Justin Glyn
    • 22 June 2015
    13 Comments

    In George Orwell's most famous novel 1984, the white face of the Ministry of Truth bears the slogans: WAR IS PEACE, FREEDOM IS SLAVERY, IGNORANCE IS STRENGTH. Australia is not approaching dictatorship, but a quick look at Orwell's slogans in the light of the past week's news makes disturbing reading.

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  • AUSTRALIA

    It's time to ask why refugees are on the nose

    • Andrew Hamilton
    • 18 June 2015
    13 Comments

    Refugee Week has been overshadowed by stories of harsh new laws, reports of government misbehaviour and ministerial silence. Regrettably hostility towards asylum seekers is widespread. We must look beyond this crabbed little world to imagine a polity in which states cooperate to change the conditions that force refugees to flee.

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  • INTERNATIONAL

    Australia wants to know nothing about asylum seekers' torture history

    • Justin Glyn
    • 03 June 2015
    16 Comments

    International law regards torture as a matter of ius cogens, something which can never be justified. If one were serious about finding out about genuine refugee claims, enquiring about any torture at the hands of the people an asylum seeker is fleeing would surely be near the top of the list of cogent questions. But Australia has ceased to ask asylum seekers about any history of torture.

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  • AUSTRALIA

    Australian citizenship as a political plaything

    • Kerry Murphy
    • 29 May 2015
    4 Comments

    The Federal Government plans to legislate within weeks to strip certain dual nationals of their Australian citizenship. Extending the already existing draconian ministerial power to overturn review tribunal decisions into the area of citizenship is unwarranted. Such an important determination should require the testing of solid evidence, not merely a minister's assessment of the 'national interest'.

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  • AUSTRALIA

    Xenophobia threatens Mandela's vision for a diverse South Africa

    • David Holdcroft
    • 20 May 2015
    3 Comments

    South Africa has again experienced the ravages of xenophobic violence. The official response reflects a fearful government that needs to resort populist scapegoating that stigmatises migrants. It has found itself incapable of creating the inclusive narrative that was evident 18 months ago when the country came together to mourn Nelson Mandela. 

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  • INTERNATIONAL

    Europe rejects the 'Australian Solution'

    • Nikolas Feith Tan
    • 15 May 2015
    11 Comments

    Since the drowning of around 800 people on 19 April, politicians in the UK, France, Italy and Denmark have been suggesting that the European Union adopt our hardline asylum policy. Prime Minister Tony Abbott has advised the EU that 'only way you can stop the deaths is in fact to stop the boats'. But last week, the EU denied it was in talks with Australia, saying 'the Australian model can never be a model for us'.

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