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Under Section 501 of the Migration Act, you can be told: 'you fail the character test, please respond, but we cannot tell you what are the accusations against you'. Dr Mohammed Haneef has experienced the worst case scenario.
The last state authorised execution in Australia—that of Ronald Ryan—occurred 40 years ago last week. 12 year old Frank Brennan felt it was wrong. His adolescent moral sensibilities found resonance in public debate, law reform and policy change.
Europe and Africa lie just 14km apart across the Straits of Gibraltar which separate Spain from Morocco, but when it comes to living standards, there is no wider gulf between neighbours anywhere in the world.
The Parliament has shown it is no longer willing to play politics with the lives of asylum seekers. But this latest victory simply maintains the status quo, and eight more people have been sent to Nauru in the past week.
Former ALP heavyweight Carmen Lawrence asserts that the developed world is safer today than it's ever been. Her argument flies in the face of the reality that there has never been greater rewards for politicians willing to peddle fear.
Eliza Bergin navigates Nicholas Hasluck’s The Legal Labyrinth
The continued persecution of Tamils has led to many fleeing Sri Lanka over the past ten years, with some landing on Australia’s shores — they have literally fled for their lives. The Australian government’s response to the inhumane treatment of refugees returned to Sri Lanka has been to praise the Sri Lankan government’s efforts to thwart any asylum seeker attempt to leave Sri Lanka.
The objections to the legislation focus correctly on the infringement of human rights. That phrase, however, is bloodless. It might suggest that rights form a list to be ticked off. Human rights are better conceived as a way of speaking about the conditions necessary for people to live decent human lives. The proper place from which to reflect on them is the actual lives of the people who are affected.
There is a trend of liberals calling for the West to open its borders to fleeing Hongkongers for economic benefit. It is commendable that these individuals want the West to offer Hongkongers refuge. But to frame this philanthropy in such mercenary terms makes this goodwill suspect: these voices want to capitalise on a traumatic moment of displacement.
But insecurity breeds insecurity. In the face of insecurity we can feel insecure. Our identity as persons can be shaken by the insecurity of our circumstances. This is not inevitable. Nor is it necessarily lasting. Some people will be temporarily or lastingly paralysed by anxiety; others will be more resilient.
On 17 April 2020, the Federal Court ordered that Immigration had failed to comply with procedural fairness for the family. The case is known by the pseudonym XAD. The XAD case relied on significant legal principles going back to the M61 High Court decision of 2011.
I've been watching Stateless, the ABC drama about Australia’s immigration detention system, with some reluctance. Not because it is poor, but because it is so powerful.
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