Keywords: Mandatory Detention
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AUSTRALIA
- Frank Brennan
- 04 December 2024
1 Comment
When High Court rulings challenge government policy, they usually prompt reflection and refinement. But for the Federal Government, a recent decision on non-citizen rights has sparked a legislative overreach, mirroring the Opposition’s hardline stance.
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INTERNATIONAL
- Robin Osborne
- 05 September 2024
1 Comment
Pope Francis has frequently voiced sympathy for refugee concerns and before leaving on this trip, he reaffirmed his call for safe migration pathways for people fleeing their own countries for fear of persecution, describing any refusal to harbour asylum seekers as a ‘grave sin’.
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AUSTRALIA
- Kerry Murphy
- 05 July 2024
There is no doubt that laws for determining refugee status and onshore protection are complex. The cases of NZYQ and ASF17 demonstrate that when laws regarding asylum and protection intersect with laws regarding character and protection of the community, the results can be extremely messy.
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AUSTRALIA
- Frank Brennan
- 13 May 2024
2 Comments
The Albanese government’s refugee and asylum policy is in a mess. When Minister Giles introduced his Migration Amendment Bill, they bypassed typical parliamentary procedures, wanting to be seen as tougher than Peter Dutton in getting unvisaed non-citizens out of the country. It’s time for the government to return to due process in this whole field.
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AUSTRALIA
- Andrew Hamilton
- 08 May 2024
3 Comments
With the Queensland Government changing the Youth Justice Act, detention of children will no longer be seen as a last resort, causing widespread dismay among youth justice advocates. It invites reflection on what we should expect when we advocate for a cause, ranging from climate change to perceived injustice, and how we should evaluate our efforts.
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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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