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Keywords: Kerry Murphy

  • 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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  • AUSTRALIA

    Medevac is about health not migration outcomes

    • Kerry Murphy
    • 23 October 2019
    10 Comments

    The Medevac law was needed because there was no sensible process to arrange for urgent medical treatment for the people we are punishing as a deterrent. The system is working according to the medical practitioners involved in it. It would be a tragedy if the Medevac laws were repealed, just to prove how tough and immovable we are.

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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

    Medivac: the unneeded bill we sorely needed

    • Kerry Murphy
    • 13 February 2019
    8 Comments

    During the debates about the bill regarding the transfer of people from Nauru or Manus to Australia for medical treatment, the Prime Minister stated it was 'unnecessary and superfluous'. Legally this should have been the case.

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  • AUSTRALIA

    Lessons from the case of the lucky refugee

    • Kerry Murphy
    • 25 January 2019
    6 Comments

    Rahaf Mohammed is very lucky to have been granted residence by Canada so quickly. In my nearly 30 years of working with refugees in various capacities, I have never heard of anyone being granted residence as quickly. The speed of the process, and also the way she conducted her case on social media, bear deeper consideration.

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  • AUSTRALIA

    History repeating for oppressed Cambodians

    • Kerry Murphy
    • 20 August 2018
    2 Comments

    Hopefully Australia will take stronger measures against what is effectively a one party state that ruthlessly crushes opposition at home and seeks to intimidate and threaten critics abroad. It is not surprising that after 25 years, I am again seeing Cambodian asylum seekers.

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  • AUSTRALIA

    Can white South African farmers be refugees?

    • Kerry Murphy
    • 05 April 2018
    3 Comments

    Recently the Minister for Home Affairs has confirmed he still wants to provide humanitarian visas to 'persecuted' white South African farmers. Regardless of any political issues, there are a number of legal hurdles these farmers could face in order to meet the strict definition of refugee in Australian law.

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  • AUSTRALIA

    Puritanical citizenship changes promote less inclusive Australia

    • Kerry Murphy
    • 19 June 2017
    16 Comments

    While ideally all Australian should have some reasonable ability to communicate in English, it is unreasonable to expect it at such a high level. Consider parents sponsored to Australia who live here and provide care for their grandchildren while their own children work. I have heard of small businesses in western Sydney owned by Chinese Australians, who have learnt Assyrian, because most of their customers speak Assyrian, not English. They are not having trouble in 'economic participation'.

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  • AUSTRALIA

    Cry if you want to as mandatory detention turns 25

    • Kerry Murphy
    • 03 May 2017
    10 Comments

    Friday 5 May is the 25th birthday of the introduction of mandatory detention in Australia by the Keating government. It is by no means a 'happy birthday'. Rather it is a sombre reminder of how control, power and political vilification can be used for political ends. There are now more sections in the Migration Act dealing with statutory bars, mainly directed at asylum seekers, than the total number of sections in the whole of the Immigration Restriction Act of 1901.

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  • AUSTRALIA

    Breaking down the 457 visa changes

    • Kerry Murphy
    • 20 April 2017
    3 Comments

    There are several significant changes which mean that for a number of occupations, the pathway to a permanent visa sponsored by an employer will be closed. A number of people will only be able to get a temporary work visa for two years, and a further two year period after that only. It is the latest in a range of changes to immigration that have seen Australia change from being a country of permanent migration, to one of permanent and temporary migration.

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  • AUSTRALIA

    Punitive truth behind Dutton's 'sham marriage' furphy

    • Kerry Murphy
    • 11 November 2016
    14 Comments

    'We're not going to allow people who have sought to come by boat to come to Australia through a backdoor and we are not going to allow sham marriages to facilitate that,' said Peter Dutton. Given all the existing checks and hurdles, why have a ban? It would only affect about 2000 people; the other 35,000 who came by boat before 19 July 2013 or were not sent to Nauru and Manus Island are not affected. The true intention is to further punish the people we dumped on our Pacific neighbours.

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  • AUSTRALIA

    Turnbull's boat ban is crazy and cruel

    • Kerry Murphy
    • 03 November 2016
    20 Comments

    'Will this affect my case?' Hassan was worried about the survey that said nearly 50 per cent of Australians wanted to ban Muslims from migrating to Australia. I was working on his protection visa. He had a strong case. 'No,' I replied. Like any large religion, in Islam there are many variations in practice and beliefs, influenced by cultural and historical events. To simply ban them all is a crazy option. You do not ban everyone just because a minority are involved in criminal activity. Or so I thought.

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