The Pacific Solution As Australia's Policy
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William Yekrop (Australia) *
A/HRC/WGAD/2018/20 Advance edited version Distr.: General 20 June 2018 Original: English Human Rights Council Working Group on Arbitrary Detention Opinions adopted by the Working Group on Arbitrary Detention at its eighty-first session, 17–26 April 2018 Opinion No. 20/2018 concerning William Yekrop (Australia) * 1. The Working Group on Arbitrary Detention was established in resolution 1991/42 of the Commission on Human Rights, which extended and clarified the Working Group’s mandate in its resolution 1997/50. Pursuant to General Assembly resolution 60/251 and Human Rights Council decision 1/102, the Council assumed the mandate of the Commission. The Council most recently extended the mandate of the Working Group for a three-year period in its resolution 33/30. 2. In accordance with its methods of work (A/HRC/36/38), on 22 December 2017 the Working Group transmitted to the Government of Australia a communication concerning William Yekrop. The Government replied to the communication on 21 February 2018. The State is a party to the International Covenant on Civil and Political Rights. 3. The Working Group regards deprivation of liberty as arbitrary in the following cases: (a) When it is clearly impossible to invoke any legal basis justifying the deprivation of liberty (as when a person is kept in detention after the completion of his or her sentence or despite an amnesty law applicable to him or her) (category I); (b) When the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles 7, 13, 14, 18, -
3. Primary Decision-Making Procedures Under the Migration Act 1958 and Migration Regulations 1994
Chapter 3. Primary Decision-Making Procedures under the Migration Act 1958 and Migration Regulations 1994 This chapter will examine decision-making procedures for primary decisions and the role of policy in the Department and the Tribunals. This chapter also includes two appendices, outlining two significant new pieces of legislation – the Migration Amendment (Character and General Visa Cancellation) Act 2014 and the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014. Part 1 – Decision-making at the primary level Visa application procedures The reasons why the Migration Act 1958 was amended with effect from 1 September 1994 to set out a detailed ‘code of procedure’ rather than relying on the common law principles of natural justice were examined in Chapter 2. The ‘code of procedure’ for making primary (Departmental) decisions1 can be found in Part 2, Division 3, Subdivision AB of the Act. Subdivision AB consists of ss 51–64 of the Act, which are entitled as follows: 51A. Exhaustive statement of natural justice hearing rule 52. Communication with Minister 54. Minister must have regard to all information in application 55. Further information may be given 56. Further information may be sought 57. Certain information must be given to applicant 58. Invitation to give further information or comments 59. Interviews 1 The Act usually refers to the ‘Minister’ as the decision maker. Subsection 496(1) provides that ‘[t]he Minister may, by writing signed by him or her, delegate to a person any of the Minister’s powers under this Act’. In practice, unless the Act specifically refers powers to the Minister personally, those powers are delegated to Departmental officers. -
Mr IB and Mr IC V Commonwealth of Australia (Department of Home Affairs)
Mr IB and Mr IC v Commonwealth of Australia (Department of Home Affairs) [2019] AusHRC 129 © Australian Human Rights Commission 2019. The Australian Human Rights Commission encourages the dissemination and exchange of information presented in this publication. All material presented in this publication is licensed under the Creative Commons Attribution 4.0 International Licence, with the exception of: • photographs and images; • the Commission’s logo, any branding or trademarks; • content or material provided by third parties; and • where otherwise indicated. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/legalcode. In essence, you are free to copy, communicate and adapt the publication, as long as you attribute the Australian Human Rights Commission and abide by the other licence terms. Please give attribution to: © Australian Human Rights Commission 2019. ISSN 1837-1183 Further information For further information about the Australian Human Rights Commission or copyright in this publication, please contact: Communications Unit Australian Human Rights Commission GPO Box 5218 SYDNEY NSW 2001 Telephone: (02) 9284 9600 Email: [email protected]. Design and layout Dancingirl Designs Printing Masterprint Pty Limited Mr IB and Mr IC v Commonwealth of Australia (Department of Home Affairs) [2019] AusHRC 129 Report into arbitrary detention Australian Human Rights Commission 2019 Contents 1 Introduction 7 2 Summary of findings and recommendations 7 3 Background 8 3.1 Mr IB 8 3.2 Mr IC 9 3.3 Current -
Immigration Detention in Nauru
Immigration Detention in Nauru March 2016 The Republic of Nauru, a tiny South Pacific island nation that has a total area of 21 square kilometres, is renowned for being one of the smallest countries in the world, having a devastated natural environment due to phosphate strip-mining, and operating a controversial offshore processing centre for Australia that has confined asylum seeking men, women, and children. Considered an Australian “client state” by observers, Nauru reported in 2015 that “the major source of revenue for the Government now comes from the operation of the Regional Processing Centre in Nauru.”1 Pointing to the numerous alleged abuses that have occurred to detainees on the island, a writer for the Guardian opined in October 2015 that the country had “become the symbol of the calculated cruelty, of the contradictions, and of the unsustainability of Australia’s $3bn offshore detention regime.”2 Nauru, which joined the United Nations in 1999, initially drew global attention for its migration policies when it finalised an extraterritorial cooperation deal with Australia to host an asylum seeker detention centre in 2001. This deal, which was inspired by U.S. efforts to interdict Haitian and Cuban asylum seekers in the Caribbean, was part of what later became known as Australia’s first “Pacific Solution” migrant deterrence policy, which involved intercepting and transferring asylum seekers arriving by sea—dubbed “irregular maritime arrivals” (IMAs)—to “offshore processing centres” in Nauru and Manus Island, Papua New Guinea.3 As part of this initial Pacific Solution, which lasted until 2008, the Nauru offshore processing centre was managed by the International Migration Organisation (IOM). -
Imagereal Capture
224 Australia’s Response to the Iraqi and Afghan Boat-People Volume 23(3) THE ‘TEMPORARY’ REFUGEES: AUSTRALIA’S LEGAL RESPONSE TO THE ARRIVAL OF IRAQI AND AFGHAN BOAT- PEOPLE HOSSEIN ESMAEILI* AND BELINDA WELLS** I. INTRODUCTION During the past year, over four thousand asylum seekers have travelled to Australia by boat, arriving without valid travel documents and seeking protection as refugees.* 1 The overwhelming majority of these new arrivals are from Iraq and Afghanistan.2 Typically, the final part of their travel to Australia has been facilitated by ‘people smugglers’ who operate from neighbouring South-East Asian countries, particularly Indonesia.3 The Australian Government has responded to these arrivals with a range of initiatives. Most controversially, it has created a two-tiered system of refugee protection: permanent protection visas are granted to those who apply for * LLB (Tehran) MA (TMU) LLM PhD (UNSW), Lecturer in Law, School of Law, University of New England. ** LLB (Adel) LLM (Lond), Lecturer in Law, School of Law, Flinders University of South Australia. The authors would like to thank the following people for their assistance during the research for this article: Robert Lachowicz, David Palmer, Tracy Ballantyne, Rohan Anderson, Stephen Wolfson, Marianne Dickie, John Eastwood, Des Hogan, Alistair Gee, Graham Thom, Shokoufeh Haghighat, Sam Berner and Michael Burnett. 1 “In 1999-00, 4 174 people arrived without authority on 75 Boats, compared with 920 on 42 Boats in 1998-9 (an increase of 354 per cent)”: Department of Immigration and Multicultural Affairs (“DIMA”), DIMA Fact Sheet 81: Unauthorised Arrivals by Air and Sea, 25 July 2000. -
Asylum Seekers in the Pacific (Manus, Nauru)
Dialogue: Asylum Seekers in the Pacific (Manus, Nauru) Guest edited by J C Salyer, Steffen Dalsgaard, and Paige West “It Is Not Because They Are Bad People”: Australia’s Refugee Resettlement in Papua New Guinea and Nauru j c salyer, steffen dalsgaard, and paige west Expanding Terra Nullius sarah keenan No Friend But the Mountains: A Reflection patrick kaiku Becoming through the Mundane: Asylum Seekers and the Making of Selves in Port Moresby, Papua New Guinea paige west (continued on next page) The Contemporary Pacic, Volume 32, Number 2, 433–521 © 2020 by University of Hawai‘i Press 433 Dialogue: Asylum Seekers in the Pacific (Manus, Nauru) continued Guest edited by J C Salyer, Steffen Dalsgaard, and Paige West The Story of Holim Pas Tok Ples, a Short Film about Indigenous Language on Lou Island, Manus Province, Papua New Guinea kireni sparks-ngenge A Brief on the Intersection between Climate Change Impacts and Asylum and Refugee Seekers’ Incarceration on Manus Island, Papua New Guinea robert bino Weaponizing Ecocide: Nauru, Offshore Incarceration, and Environmental Crisis anja kanngieser From Drifters to Asylum Seekers steffen dalsgaard and ton otto The Denial of Human Dignity in the Age of Human Rights under Australia’s Operation Sovereign Borders j c salyer Weaponizing Ecocide: Nauru, Offshore Incarceration, and Environmental Crisis Anja Kanngieser The Pacific Solution (2001–2008) and Operation Sovereign Borders (2012–present) expanded Australia’s territorial and juridical borders through the establishment of three offshore regional processing centers in the Pacific nations of Nauru and Papua New Guinea (Manus Island) and on Christmas Island (an Australian territory in the Indian Ocean). -
The Most Vitriolic Parliament
THE MOST VITRIOLIC PARLIAMENT EVIDENCE OF THE VITRIOLIC NATURE OF THE 43 RD PARLIAMENT AND POTENTIAL CAUSES Nicolas Adams, 321 382 For Master of Arts (Research), June 2016 The University of Melbourne, School of Social and Political Sciences Supervisors: Prof. John Murphy, Dr. Scott Brenton i Abstract It has been suggested that the period of the Gillard government was the most vitriolic in recent political history. This impression has been formed by many commentators and actors, however very little quantitative data exists which either confirms or disproves this theory. Utilising an analysis of standing orders within the House of Representatives it was found that a relatively fair case can be made that the 43rd parliament was more vitriolic than any in the preceding two decades. This period in the data, however, was trumped by the first year of the Abbott government. Along with this conclusion the data showed that the cause of the vitriol during this period could not be narrowed to one specific driver. It can be seen that issues such as the minority government, style of opposition, gender and even to a certain extent the speakership would have all contributed to any mutation of the tone of debate. ii Declaration I declare that this thesis contains only my original work towards my Masters of Arts (Research) except where due acknowledgement has been made in the text to other material used. Equally this thesis is fewer than the maximum word limit as approved by the Research Higher Degrees Committee. iii Acknowledgements I wish to acknowledge my two supervisors, Prof. -
Receiving Afghanistan's Asylum Seekers
FMR 13 19 Receiving Afghanistan’s asylum seekers: Australia, the Tampa ‘Crisis’ and refugee protection by William Maley n 22 January 2002, the announced that the government of the National Party, which made up the Chairman of the government- tiny Pacific nation of Nauru, a state country’s ruling coalition, and the O appointed Council for not party to the 1951 Convention, had opposition Australian Labor Party – Multicultural Australia, Neville Roach, agreed to the processing of asylum and it was left to minor parties, such resigned his position. In a newspaper claims on its soil. Nauru’s agreement as the Australian Democrats and the article three days later, this prominent was secured with a large aid package, Greens, to proffer a more nuanced and highly-respected businessman including payment of the unpaid account of the factors underpinning explained why he had taken such a Australian hospital bills of certain forced migration to Australia. dramatic step, which made headlines Nauruan citizens. Nonetheless, there are a number of right around the country. "If an advis- implications of these events which er", he wrote, "is faced with a Buoyed by the outcome of the Tampa government that has locked itself into Affair and trumpeting the merits of Logo of refugee infor- a position that is completely inflexi- its ‘Pacific solution’ to the problem of mation organisation ble, the opportunity to add value uninvited asylum seekers, the Howard reminding all non- disappears". The asylum seeker con- government was returned to office in indigenous troversy, he went on, "has a general election in November 2001. -
The Pacific Solution Or a Pacific Nightmare?: the Difference Between Burden Shifting and Responsibility Sharing
THE PACIFIC SOLUTION OR A PACIFIC NIGHTMARE?: THE DIFFERENCE BETWEEN BURDEN SHIFTING AND RESPONSIBILITY SHARING Dr. Savitri Taylor* I. INTRODUCTION II. THE PACIFIC SOLUTION III. OFFSHORE PROCESSING CENTERS AND STATE RESPONSIBILITY IV. PACIFIC NIGHTMARES A. Nauru B. Papua New Guinea V. INTERPRETING NIGHTMARES VI. SPREADING NIGHTMARES VII. SHARING RESPONSIBILITY VIII. CONCLUSION I. INTRODUCTION The guarantee that persons unable to enjoy human rights in their country of nationality, who seek asylum in other countries, will not be returned to the country from which they fled is a significant achievement of international efforts to validate the assertion that those rights truly are the “rights of man.” There are currently 145 states,1 including Australia, that are parties to the 1951 Convention relating to the Status of Refugees (Refugees Convention)2 and/or the 1967 Protocol relating to the Status of Refugees (Refugees Protocol).3 The prohibition on refoulement is the key provision of the Refugees Convention. Article 33(1) of the Refugees Convention provides that no state party “shall expel or return (refouler) a refugee in any manner * Senior Lecturer, School of Law, La Trobe University, Victoria 3086, Australia. 1 As of February 1, 2004. 2 July 28, 1951, 1954 Austl. T. S. No. 5 (entered into force for Australia and generally on April 22, 1954). 3 January 31, 1967, 1973 Austl. T. S. No. 37 (entered into force generally on October 4, 1967, and for Australia on December 13, 1973). 2 ASIAN-PACIFIC LAW & POLICY JOURNAL; Vol. 6, Issue 1 (Winter -
Asylum in Australia: 'Operation Sovereign Borders' And
Asylum in Australia: ‘Operation Sovereign Borders’ and International Law Joyce Chia,* Jane McAdam** and Kate Purcell*** I. Introduction On 18 September 2013, the day the Australian Coalition government was sworn into office, a new border protection policy took effect. Termed ‘Operation Sovereign Borders’ (OSB), it is based on the premise that Australia is facing a ‘border protection crisis’ that ‘requires the discipline and focus of a targeted military operation’.1 As a military-led operation, the government maintains a high degree of secrecy about its activities, which include intercepting and turning back asylum seeker boats. From early 2012 until mid-2013, there was a considerable increase in the number of asylum seekers seeking to reach Australia by boat — both in terms of total numbers (over 35,000 between January 2012 and July 2013) and intensity (over 3,000 arrivals per month between March and July 2013). Although these numbers remained very small in global terms (representing just three to four per cent of total asylum applications), 2 and 88 per cent of them were found to be refugees or otherwise in need of international protection,3 the unauthorised arrival of asylum seekers became one of the key political issues in the 2013 federal election. Playing upon generally poor community understandings about forced migration and common anxieties about ‘the uninvited’, terrorism, and security, politicians on both sides had championed increasingly draconian deterrence mechanisms — even when couched in the ostensibly humanitarian language of ‘saving lives at sea’.4 It was in this context that OSB was developed. This article begins by examining the background to OSB and what is known about its practical operation. -
April 15 to 16 2021 National Youth Crime Symposium – Speakers and Presenters
Page 1 of 16 Queensland Police Union – April 15 to 16 2021 National Youth Crime Symposium – Speakers and Presenters Speakers Honourable Leanne Linard MP, Minister for Children and Youth Justice and Minister for Multicultural Affairs Leanne Linard is the Member of Parliament for Nudgee on Brisbane’s northside, and is the Minister for Children and Youth Justice and Minister for Multicultural Affairs. As the daughter of a RAAF pilot and engineer, Leanne spent her early years growing up in a Defence Force family and learned the values of community service. Leanne has previously held community roles, including Co-Chair and Patron of Upbeat Arts, a member of the Australian Catholic University Brisbane Community Chapter and was a former board member with Bravehearts, Brisbane Roar FC and Nundah Activity Centre. She was first elected as the Member for Nudgee in 2015 and appointed Minister for Children, Youth Justice and Multicultural Affairs in 2020. She served as Parliamentary Chair of the Health, Education and Child Safety portfolio committees between 2015-2020, and as a member of the Parliamentary Crime and Corruption Committee and Ethics Committees. Prior to entering Parliament, Leanne worked as the Executive Officer of a Commonwealth Statutory Authority, as a senior policy advisor in the Queensland Government for Police, Corrective Services, Emergency Services and economic policy, and as a private sector manager. She holds a Bachelor of Business from Queensland University of Technology, a Certificate IV in Workplace Assessment and Training and is currently undertaking further graduate law studies with a particular interest in criminal law and justice. Page 2 of 16 Ian Leavers APM Ian has been General President & CEO of the Queensland Police Union since 2009 and is a currently serving police officer. -
The Securitization of the “Boat People” in Australia the Case of Tampa
The securitization of the “boat people” in Australia The case of Tampa Phivos Adonis Björn Deliyannis International Relations Dept. of Global Political Studies Bachelor programme – IR103L (IR61-90) 15 credits thesis [Spring / 2020] Supervisor: [Erika Svedberg] Submission Date: 13/08/2020 Phivos Adonis Björn Deliyannis 19920608-2316 Abstract: The thesis will examine how the Australian government through its Prime Minister John Howard presented the asylum seekers on “MV Tampa” ship as a threat jeopardizing Australian security. Using the theory of securitization as a methodological framework and Critical Discourse Analysis as utilized by Fairclough’s Three-dimensional Framework transcripts of interviews by John Howard will be analyzed in order to expose the securitization process that framed the asylum seekers as an existential threat that needed extraordinary measures. Keywords: International Relations, Australia, Immigration, Tampa, Discourse Word count: 13.622 Phivos Adonis Björn Deliyannis 19920608-2316 Table of Contents 1 Introduction …………………………………………………………...…1 2. Literature Review and Theoretical Framework ………......4 2.1 The concept of security and the debate about security studies ……………….....4 2.2 Earlier Research on the securitization of migration ……………………………6 2.3 The Securitization Framework ………………………………………………..8 2.4 Critique ……………………………………………………………………..11 3. Methods …………………………………………………………………12 3.1. Data Selection and Source Criticism ………………………………………...12 3.2. Case Study …………………………………………………………………15 3.3. Critical Discourse Analysis …………………………………………………15 3.4. Methodological Framework: Fairclough’s Three-dimensional framework …….17 4. Analysis ……………………………………………………………….…21 4.1. Background of the “Tampa affair” ……………………………………….…22 4.2. Data Analysis ……………………………………………………………..24 4.3 The Tampa affair – a case of successful securitization……………………….…. 30 5. Conclusion ………………………………………………………….…..31 6. Bibliography …………………………………………………………....32 Phivos Adonis Björn Deliyannis 19920608-2316 Page intentionally left blank Phivos Adonis Björn Deliyannis 19920608-2316 1.