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Author: Kerry Murphy

  • 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

    Almost no silver lining in new TPV cloud

    • Kerry Murphy
    • 08 December 2014
    22 Comments

    It is possible to understand why Senators Xenophon and Muir supported the bad law that reintroduces temporary protection visas. They saw it as a small improvement now for people in desperate circumstances, and that is true. The real culprit is the irrational and punitive policy pursued by the Government. 

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  • AUSTRALIA

    Why Phil Hughes' death resonates

    • Kerry Murphy
    • 01 December 2014
    15 Comments

    Young people are dying every day around the world, in tragic circumstances. Yes somehow the sudden and unexpected death of a young cricketer has the headlines. Maybe it was because he just did what he loved and did not make a fuss about being dropped from the test team, but he went back to working hard and making his way back into selection.

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  • AUSTRALIA

    Unauthorised maritime arrivals don't have names

    • Kerry Murphy
    • 24 November 2014
    20 Comments

    I recently received a letter for Ali in which he was referred to only by his boat number and the term 'illegal maritime arrival (IMA)'. He was worn down by the long process of winning his case and being accepted as a refugee. His self-esteem was destroyed by a long period in immigration detention. His identity is now also gone. 

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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

    The legal fiction that sealed Baby Ferouz's fate

    • Kerry Murphy
    • 21 October 2014
    8 Comments

    Successive Australian Governments have created fictions that aim to exclude asylum seekers. The latest example is the case of Baby Ferouz, whose protection visa application was refused in the Federal Circuit Court last week. Normally, a child born in Australia is considered to have the same visa as their parents. But Ferouz’s parents had no visa, so lawyers in Brisbane arranged for her to apply for a protection visa.

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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

    Identifying the enemy in confused Iraq and Syria

    • Kerry Murphy
    • 23 September 2014
    4 Comments

    We have adopted the dictum that our enemy's enemy is our friend. But the situation changes so rapidly on the ground, and working out who our 'allies' are is a very difficult and high risk activity. We are not even clear on the Rumsfeldian known unknowns, let alone the unknown unknowns.

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  • AUSTRALIA

    High noon for Government refugee policy

    • Kerry Murphy
    • 12 September 2014
    12 Comments

    There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.

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  • AUSTRALIA

    Australia supplying alleged refugee persecutors

    • Kerry Murphy
    • 11 July 2014
    6 Comments

    While Immigration Minister Scott Morrison sits with Sri Lankan President Mahinda Rajapaksa and hands over customs vessels to the Sri Lankan Government for use in preventing people escaping Sri Lanka, Australia's High Court is deciding whether a group of 158 Sri Lankan asylum seekers can be returned to the Sri Lankan Government. How did we get to the stage where we are supplying the alleged persecutors with the means of stopping people from escaping and seeking our protection?

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  • AUSTRALIA

    High Court backs ministerial power over asylum seekers

    • Kerry Murphy
    • 20 June 2014
    6 Comments

    Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.

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  • AUSTRALIA

    What's eating Syria and Iraq

    • Kerry Murphy
    • 17 June 2014
    11 Comments

    In October 2013, Jesuit Fr Frans van der Lugt wrote about the suffering of the besieged people of Homs in Syria: 'Despite these difficulties, we keep grasping onto hope.' On 7 April 2014 he was executed outside his home. The rout of Iraqi forces in Mosul by the extremist Islamic State of Iraq and Levant must be a worry to the Iraqi authorities and the US and Western countries that have invested so much in the new post Saddam Iraq.

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