keywords: Migration Law

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

  • AUSTRALIA

    The unfinished business of colonisation

    • Kate Galloway
    • 17 February 2020
    2 Comments

    Despite claims to the contrary, the decision in Love and Thoms affirms the standing of the common law, including the unassailable power of the Australian State to make and enforce law. It upholds the centuries-long common law principle of accommodation of Indigenous laws in a colonial context.

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  • AUSTRALIA

    Indigenous is not alien, High Court decides

    • Kerry Murphy
    • 17 February 2020
    8 Comments

    At its heart, the question was whether an Indigenous Australian who was eligible for citizenship but had never formalised it could be regarded as an alien and therefore subject to removal. In a landmark judgment, a 4:3 majority of the Court found that Indigenous Australians were not aliens, even if they were not citizens.

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  • INTERNATIONAL

    Kiribati: What makes a 'climate refugee'?

    • Binoy Kampmark
    • 24 January 2020
    10 Comments

    New Zealand's judicial channels found against the Kiribati national, claiming he did not satisfy the definition of refugee within international law. He was deported. This month, the UNHRC did not find the deportation unlawful, a move that former Fleet Street editor Damian Wilson said had 'piled on the misery in the climate change mess'.

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  • AUSTRALIA

    Allies keeping faith despite Medevac blow

    • Carolina Gottardo and Nishadh Rego
    • 12 December 2019
    6 Comments

    Outside, a Martian-red haze kisses the windows. An ode to the future perhaps. Most of the people present are already aware of the Medevac repeal decision. The room is heavy with silence, the mood is sombre, but far from resigned. We want change, and are willing to have a crack at demanding it.

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  • AUSTRALIA

    Government tries to turn 'Aboriginal' into 'alien'

    • Kate Galloway
    • 02 December 2019
    17 Comments

    Two Aboriginal men are currently being held in immigration detention under threat of deportation because they are not Australian citizens. The case raises far-reaching implications concerning the status of the relationship between Aboriginal and Torres Strait Islander Australians and the state.

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  • INTERNATIONAL

    Seeking balance in diverse Indonesia

    • Devana Senanayake
    • 30 September 2019
    4 Comments

    With Widowo's decision to reconsider the proposed updates, policymakers should seek to initiate balanced and nuanced reforms that help liberal lifestyles and conservative values coexist. While appeasing the conservative portion of the electorate is a good tactic, ignoring a diverse electorate is a recipe for disaster in the long term.

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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

    The secretive business of detention dirty work

    • Meg Mundell
    • 21 August 2019
    8 Comments

    If you're not burdened by a conscience, it's a perfect get-rich-quick scheme: offer 'garrison' services to governments reluctant to get their hands dirty. Ensure the vulnerable people you 'manage' are hidden, demonised by politicians and right-wing commentators. Hire cheap labour, minimise your tax, and make millions.

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  • AUSTRALIA

    The tweet smell of APS authoritarianism

    • Binoy Kampmark
    • 12 August 2019
    5 Comments

    Should a public service have people with political, disagreeable opinions? No, according to the guidelines of employment in the Australian Public Service. The decision of the Australian High Court in the case of Comcare v Banerji is a salient warning to employees in the APS. Obedience, it seems, must be unquestionable and total.

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  • ARTS AND CULTURE

    The saga of zany Granny's memory box

    • Gillian Bouras
    • 31 July 2019
    6 Comments

    While this saga was going on, I read an alarming piece about the transient nature of the digital world. Mobile phones get stolen and photos not backed up are irrevocably lost; flash drives and their capacities do not last forever. 'Print out' was the author's advice. Who would have thought?

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  • INTERNATIONAL

    Religious freedom feint has Liberals in knots

    • Jeff Sparrow
    • 17 July 2019
    9 Comments

    The conservative base wants religious protection for Christians, but has a long history of vilifying Muslims, who, presumably, could also claim protection from any new law. One struggles to imagine a law that might enable a footballer's right to send homophobic tweets, while enabling courts, parliaments and schools to ban burqas.

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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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