Migration and refugee law : principles and practice in Australia

Provides an overview of the legal principles governing the entry of people into Australia, and analyses the policy and moral considerations underpinning this area of law - particularly in relation to refugee law, one of the most divisive social issues of our time. Suggests proposals for change.

Migration and refugee law in Australia

Immigration is expected to be one of the most important issues facing Australia this century. The book analyses the policy and moral considerations underpinning migration law and suggests an overarching framework for developing migration law and critiquing existing policies and practices.

Lives in limbo : voices of refugees under temporary protection

Lives in Limbo contains the words of 35 recognised refugees languishing in Australia on temporary protection visas. But it is not merely a succession of stories. It locates these experiences solidly within the historical, political and legal context in which they are endured.

Refuge in the land of liberty : France and its refugees, from the revolution to the end of asylum, 1787-1939

France has a long tradition of asylum for refugees. Since the Revolution, this has made it the land of liberty (pays de la liberte) and the land of asylum (la terre d'asile)." "In practice, responses have been shaped less by principle than by political and social conditions. Various refugee movements - from the late eighteenth-century Lowlands, to Spanish and Italian liberals in the 1820s, Polish nationalists in the 1830s. German social revolutionaries of 1848-9, anti-Bolsheviks from the Russian Revolution, Christians from the former Ottoman Empire, and Jews from Nazi Germany - have met with mixed responses, which shifted uneasily between sympathy, principle, pragmatism, and open hostility." "This book examines the tensions between refugee rights and political responses to refugees, and between humanitarian concern for their plight and hostility to their imposition on the state. Increasingly punitive measures against refugees saw, in 1939, the end of asylum in the internment of republican exiles from the Spanish Civil War.

Does Australia's treatment of non-citizens accord with its international human rights obligations? with specific reference to the treatment of on-shore refugees

The son of immigrants, I was motivated to write a paper addressing the issues of alienation and discrimination which confronts non-citizens upon arriving in Australia. Apart from descendants of Australia's indigenous population, the common bond shared by all citizens and permanent residents of Australia is that they are either themselves immigrants or are descended from immigrants. In this paper I will look at whether Australia's law and practice meets its international human rights treaty and convention obligations vis-a-vis non-citizens. To investigate this issue I trace the history of immigration to Australia and look at the political policies which influenced the treatment of non-citizens from 1788 to present times. In 1958 when my parents stepped upon Australian soil as displaced persons, Australia was a very different place from Australia in the 1990s. At that time Australia was still firmly under the influence of the 'White Australia Policy' which openly encouraged discrimination against non-anglo saxons. Since those times Australia has advanced to become one of the most culturally diverse nations in the world where multiculturalism is encouraged and a non-discriminatory immigration program is supported by both Australia's major political parties. However, notwithstanding the great social advances made in Australia in recent decades the traditional legal sources of law, namely, judicial pronouncements, statutes and the Commonwealth Constitution have not kept pace and it is my submission that Australia's body of law inadequately protects the rights of non-citizens when compared to Australia's international human rights convention and treaty obligations. This paper will consider these major sources of law and will investigate how they have been used in the context of the protection of the rights of non-citizens. It will be asserted that the weaknesses exposed in the Australian legal system can be improved by the adoption of a Bill of Rights1 which encompasses Australia's international human rights treaty and convention obligations. It is envisaged that a Bill of Rights would provide a framework applicable at the State, Territory and Federal levels within which issues pertaining to non-citizens could be resolved. The direction of this thesis owes much to the writings, advice and supervision of Dr. Imtiaz Omar who was always available to discuss the progress of this work. Dr. Omar is a passionate advocate of human rights and has been a tremendous inspiration to me throughout my writing. I owe a debt of thanks to the partners of Coulter Burke who with good nature ignored the sprawl of books and papers on the boardroom table, often for days at a time, thus enabling me to return to my writing from time to time as my inspirational juices ebbed and waned. Thanks also go to my typists Julie Pante, Vesna Dudas and Irene Padula who worked after hours and on weekends always without complaint, on the various versions of this thesis. My final acknowledgement goes to my wife Paula who during the years that I was working on this thesis encouraged me during my darker moments and listened to all my frustrations yet never doubted that I would one day complete the task successfully. I wish to thank her wholeheartedly for her motivation and belief in my abilities. The law relied upon in the thesis is as at the 30th June, 1998. Bill or Charter of Rights 'are taken to be enactments which systematically declare certain fundamental rights and freedoms and require that they be respected'. See Evans, G. 'Prospect and Problems for an Australian Bill of Rights' (1970) 3 Australian Year Book of International Law 1 at 16. Some such notable exception is the New Zealand Bill of Rights Act 1990, contained in an ordinary statute.

Democratically grounded cosmopolitanism: Iraqi refugees in Australia since 2003

This study explored the socio-political attitudes and behaviours of a sample group of Iraqi refugees who were given protection in Australia after 2003. It was found that this group are disconnected and at times alienated by the socio-political sphere in the country.

Islamism and political violence in the new world order

In the wake of the September 11 and subsequent terrorist attacks, the academic and media commentaries on 'Islam the religion' and 'Islam the basis for political ideology' has received an unprecedented high level of attention. This book deals with such questions as the nature of Islamism, the impact of the 'war on terror' on militancy, and more.

Middle eastern refugees in fortress Australia