Keywords: Mandatory Detention
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AUSTRALIA
- Andrew Hamilton
- 04 April 2024
1 Comment
This week, the Federal Government quickly introduced a new policy in response to a recent High Court decision that prevents them from indefinitely detaining a small number of individuals they wish to remove from Australia.
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AUSTRALIA
- Andrew Hamilton
- 31 January 2024
4 Comments
What links the debate about the conduct of the war between Israel and Hamas in Gaza, the detention of children in a crowded and under-resourced Cairns watch house, and British legislation to send asylum seekers to Rwanda?
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AUSTRALIA
- 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
- Kerry Murphy
- 08 December 2023
4 Comments
On 8 November, the High Court ordered a stateless Rohingya refugee known only as NZYQ to be released from detention. He could not be granted a visa because he was found gulity of sexually assaulting a minor, and he could not be sent anywhere because he is stateless. Until 8 November, he was stuck in indefinite mandatory detention.
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AUSTRALIA
- Frank Brennan
- 04 December 2023
8 Comments
Last month, the High Court overturned a controversial 2004 decision, reaffirming the principle that asylum seekers cannot be detained indefinitely without prospects of deportation. This ruling not only corrects a historical misstep but also reasserts the High Court's commitment to limiting executive overreach.
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AUSTRALIA
- Andrew Hamilton
- 30 November 2023
8 Comments
Any legislation hastily designed to negate the effect of the High Court decisions will be vulnerable again to be struck down on judicial appeal. That haste suggests an initial disregard for human rights and the rule of law by Governments and an ingrained resistance to any limitation of its power. Vindictive laws come at a heavy cost to the integrity and reputation of the lawmakers.
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AUSTRALIA
- Andrew Hamilton
- 21 September 2023
In a better world, people who seek protection in Australia and people removed from prison would not be detained in the same detention centres. But the grounds for differential treatment are not based on the difference between guilty and innocent people; between asylum seekers and 'hardened criminals'. Both groups are worthy of respect and compassion.
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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
- Andrew Hamilton
- 29 September 2022
8 Comments
Recently many people have expressed disquiet about the trend to authoritarian rule throughout the world. They have good reason for doing so. In the world we are entering, the freedom of citizens in the State depends on the will of Governments that will have no enforceable obstacle to withdrawing such freedoms on suspicion of future misconduct and not just for punishment of past, proven misconduct.
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AUSTRALIA
- Binoy Kampmark
- 01 September 2022
8 Comments
The most striking note in the tempestuous outrage regarding Scott Morrison’s self-appointment (technically, appointment with the Governor-General’s approval) to five ministerial portfolios other than his own, is the search for the illegal. Such a search is fruitless in a system that thrives on the principle of convention, perennially uncodified and therefore susceptible to breach.
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AUSTRALIA
- 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
- Julie Edwards
- 18 January 2022
2 Comments
The images are simultaneously striking and terrifying. A raging grassfire that is shooting flames into the sky and destroying nature around it and lapping perilously close to the fences around Central NSW’s Lithgow Correctional Centre. As local residents were evacuated and highways were closed to protect public safety when the fire raged out of control just before Christmas in 2019, 400 prisoners remained detained.
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