'Genuine' refugees or illegitimate 'boat people' : political constructions of asylum seekers and refugees in the Malaysia Deal debate

Immigration to Australia has long been the focus of negative political interest. In recent times, the proposal of exclusionary policies such as the Malaysia Deal in 2011 has fuelled further debate. In these debates, Federal politicians often describe asylum seekers and refugees as ‘illegal’, ‘queue jumpers’, and ‘boat people’. This article examines the political construction of asylum seekers and refugees during debates surrounding the Malaysia Deal in the Federal Parliament of Australia. Hansard parliamentary debates were analysed to identify the underlying themes and constructions that permeate political discourse about asylum seekers and refugees. We argue that asylum seekers arriving in Australia by boat were constructed as threatening to Australia’s national identity and border security, and were labelled as ‘illegitimate’. A dichotomous characterisation of legitimacy pervades the discourse about asylum seekers, with this group constructed either as legitimate humanitarian refugees or as illegitimate ‘boat arrivals’. Parliamentarians apply the label of legitimacy based on implicit criteria concerning the mode of arrival of asylum seekers, their respect for the so-called ‘queue’, and their ability to pay to travel to Australia. These constructions result in the misrepresentation of asylum seekers as illegitimate, undermining their right to protection under Australia’s laws and international obligations.

Making the fun stop : youth justice reform in Queensland

In 2013 the newly elected conservative Liberal National Party government instigated amendments to the Youth Justice Act 1992 (Qld). Boot camps replaced court ordered youth justice conferencing. In 2014 there were more drastic changes, including opening the Children’s Court proceedings to the public, permitting publication of identifying information of repeat offenders, removing the principle of ‘detention as a last resort’, facilitating prompt transferral of 17 year olds to adult prisons and instigating new bail offences and mandatory boot camp orders for recidivist motor vehicle offenders in Townsville. This article compares these amendments to the legislative frameworks in other jurisdictions and current social research. It argues that these amendments are out of step with national and international best practice benchmarks for youth justice. Early indications are that Indigenous children are now experiencing increased rates of unsentenced remand. The article argues that the government’s policy initiatives are resulting in negative outcomes and that early and extensive evaluations of these changes are essential.

Hosting an asylum seeker in Australia: A nationwide exploratory study

In recent years, there has been a rise in the number of people seeking asylum in Australia, resulting in over-crowded detention centres in various parts of the country. Appropriate management and assistance of asylum seekers has been an issue of major socio-political concern. In mid-2012, the Australian ruling government introduced a ‘first of its kind’ community placement initiative, which involved relocating low-risk asylum seekers from detention centres to homes of those Australian families who volunteered for this program. The present study investigated host families’ motivations for volunteering into this scheme and their resulting experiences. Twenty-four men and women from all over Australia were interviewed in person or over the telephone. Consistent with theoretical frameworks of altruism, acculturation, and intergroup contact, thematic analysis indicated participants’ interest in diversity/humanitarian issues were major factors that motivated them to host asylum seekers. Language and cultural barriers were reported as challenges, but generally, participants found the experience positive and rewarding. The initiative was regarded as an excellent avenue of learning about new cultures. The hosts played a strong role in promoting the English language proficiency and intercultural settlement of the asylum seekers. The scheme was considered as one way of diffusing fear/biases against asylum seekers prevalent amongst the Australian community at-large. Participants also provided suggestions to improve the scheme.

‘Only a pawn in their game’ : crime, risk and politics in the case of Robert Fardon

In 2003 Robert Fardon was the first prisoner to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the first of the new generation preventive detention laws enacted in Australia and directed at keeping sex offenders in prison or under supervision beyond the expiry of their sentences where a court decides, on the basis of psychiatric assessments, that unconditional release would create an unacceptable risk to the community. A careful examination of Fardon’s case shows the extent to which the administration of the regime was from the outset governed by politics and political calculation rather than the logic of risk management and community protection. In 2003 Robert Fardon was the first person detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (hereafter DPSOA), a newly enacted Queensland law aimed at the preventive detention of sex offenders. It was the first of a new generation of such laws introduced in Australia, now also in force in NSW, Western Australia and Victoria. The laws have been widely criticized by lawyers, academics and others (Keyzer and McSherry 2009; Edgely 2007). In this article I want to focus on the details of how the Queensland law was administered in Fardon’s case, he being perhaps the most well-known prisoner detained under such laws and certainly the longest held. It will show, I hope, that seemingly abstract rule of law principles invoked by other critics are not simply abstract: they afford a crucial practical safeguard against the corruption of criminal justice in which the ends both of community protection and of justice give way to opportunistic exploitation of ‘the mythic resonance of crime and punishment for electoral purposes’ (Scheingold 1998: 888).

Unspeakably present: The (un)acknowledgment of diverse sexuality and gender human rights in Australian youth justice systems

A number of international human rights frameworks protect the rights of young people in contact with the criminal justice system in states parties, including Australia. These frameworks inform youth justice policy in Australia’s jurisdictions. While the frameworks protect young people’s right to non-discrimination on the grounds of ‘race’, religion and political opinion, the rights of young people to non-discrimination on the grounds of sexuality and gender diversity are not explicitly protected. This is problematic given that lesbian, gay, bisexual, trans, intersex and queer (LGBTIQ) young people appear over-represented in youth justice systems. This article argues that the exclusion of this group from human rights frameworks has an important flow-on effect: the marginalisation of the right of LGBTIQ young people to non-discrimination in policy and discourse that is informed by international human rights frameworks. After outlining the relevant frameworks, this article examines the evidence about LGBTIQ young people’s interactions with youth justice agencies, particularly police. The evidence indicates that the human rights of LGBTIQ young people are frequently breached in these interactions. We conclude by arguing that it is timely to consider how best to protect the human rights of LBGTIQ young people and keep their rights on the agenda.

Leaving family behind: Understanding the irregular migration of unaccompanied asylum-seeking minors - A qualitative study

This qualitative study investigated the drivers and determinants of irregular maritime migration among 17 protection visa holders who arrived in Australia as unaccompanied asylum-seeking minors. Semi-structured interviews were also conducted with eight non-government service providers working with unaccompanied minors in the Greater Brisbane area.

Encouraging Empathy through Picture Books about Migration

Australia has become one of the most highly multilingual and multicultural societies in the world today with people descending from 270 ancestries, who speak more than 260 languages (Commonwealth of Australia, 2011). Immigration is something that children encounter in their daily lives either through personal experience or through witnessing the lives of migrants at school, in the community, or through popular media, including children’s literature. Schools are frequently the initial interface for individuals who resettle in Australia and they ‘play a significant role in establishing meaningful connections to Australian society and a sense of belonging in Australia’ (Uptin, Wright, & Harwood, 2013, p. 1). Children's literature about cultural and ethnic diversity explores the impacts of migration and related issues creating ‘imaginary realms’ (Dudek & Ommundsen, 2007). These fictional interpretations of the migrant experience or the experience of migration are supported by distinctive “real life” cultural experiences. Picture books furnish teachers and students with an accessible means to investigate these complex issues through sensitive discussions. This chapter investigates how picture books about migration help deepen children’s perceptive understanding of migrants’ plights, and thereby nurture tolerance and empathy.

Yellow Peril

This catalogue essay was written to accompany Eugenia Lim's 2015 exhibition at Metro Arts, Brisbane, 'Yellow Peril'. It discusses Lim's exploration of her identity as a Chinese-Australian, providing contextual information of Chinese immigration during Australia's gold rush years and the work of Hong Kong born American artist, Tseng Kwong Chi. It presents Yellow Peril as an exhibition that speaks critically about art and our cultural history amidst a fine layering of imagery, object and context, with a vitality that is derived from its rich and compelling base in real life moments and connections.

Attitudes toward unauthorized immigrants, authorized immigrants, and refugees

Rates of human migration are steadily rising and have resulted in significant sociopolitical debates over how to best respond to increasing cultural diversity and changing migration patterns. Research on prejudicial attitudes toward immigrants has focused on the attitudes and beliefs that individuals in the receiving country hold about immigrants. The current study enhances this literature by examining how young adults view authorized and unauthorized immigrants and refugees. Using a between-groups design of 191 undergraduates, we found that participants consistently reported more prejudicial attitudes, greater perceived realistic threats, and greater intergroup anxiety when responding to questions about unauthorized compared with authorized immigrants. Additionally, there were differences in attitudes depending on participants’ generational status, with older-generation participants reporting greater perceived realistic and symbolic threat, prejudice, and anxiety than newer-generation students. In some instances, these effects were moderated by participant race/ethnicity and whether they were evaluating authorized or unauthorized immigrants. Lastly, perceived realistic threat, symbolic threat, and intergroup anxiety were significant predictors of prejudicial attitudes. Overall, participants reported positive attitudes toward refugees and resettlement programs in the United States. These findings have implications for future research and interventions focused on immigration and prejudice toward migrant groups.

Knowledge and behaviors of drunk-driving offenders in Guangzhou, China

Aims To better understand the knowledge and behaviors of drunk-driving offenders relating to alcohol use and driving in the context of recently amended Chinese legislation, and to investigate the involvement of alcohol-use disorders. Design The study was a cross-sectional survey conducted in 2012. Setting and participants: Data were collected at a local jail and 101 participants were recruited while in detention. Measures Questionnaire items examined demographic characteristics as well as practices and knowledge relating to alcohol use and driving. The Alcohol Use Disorders Identification Test (AUDIT) was used to assess hazardous drinking levels. Findings Knowledge about the two legal limits for “drink driving” and for “drunk driving” was low, at 28.3% and 41.4%, respectively. AUDIT scores indicated that a substantial proportion of the offenders had high levels of alcohol-use disorders. Higher AUDIT scores were found among the least experienced drivers, those who lacked knowledge about the legal limits, and recidivist drunk drivers. Conclusions Limited awareness of legal alcohol limits might contribute to offending; high AUDIT scores suggest that hazardous drinking levels may also contribute. This study provides important information to assist in refining community education and prevention efforts.

Legal duties following the discharge of mental health patients

In the recent decision of Hunter and New England Local Health District v McKenna; Hunter and New England Local Health District v Simon, the High Court of Australia held that a hospital and its medical staff owed no common law duty of care to third parties claiming for mental harm, against the background of statutory powers to detain mentally ill patients. This conclusion was based in part on the statutory framework and in part on the inconsistency which would arise if such a duty was imposed. If such a duty was imposed in these circumstances, the consequence may be that doctors would generally detain rather than discharge mentally ill persons to avoid the foreseeable risk of harm to others. Such an approach would be inconsistent with the policy of the mental health legislation , which favours personal liberty and discharge rather than detention unless no other care of a less restrictive kind is appropriate and reasonably available.

What is racism? Othering, prejudice and hate-motivated violence

The paper’s concern is the current difficulty, in journalism, the academy and politics, of discussing questions to do with race, ethnicity, difference and immigration because of the fear of being called a racist. It starts with an analysis of biographical interview data drawn from fifteen people who had variously acquired the label racist and who were part of a small-scale study into racism in the Midlands city of Stoke-on-Trent, UK conducted between 2003 and 2005. The interviews used the free association narrative interview method. This analysis revealed that most people do not consider themselves racist and that having a conviction for a racially aggravated offence or being a member of a far right organisation was not able to differentiate racists from non-racists. It also revealed a spectrum of attitudes towards immigrants or particular ethnic groups: strong expressions of hatred at one end of the spectrum; strong prejudicial feelings in the middle; and a feeling that ‘outsider’ groups should not benefit at the expense of ‘insiders’ (called ‘othering’) at the other end. The turn to theory for assistance revealed that, although hatred, prejudice and ‘othering’ are not the same thing, and do not have the same origins, they have become elided. This is primarily because cognitive psychology’s hostility to psychoanalysis marginalised hatred whilst its exclusive preoccupation with prejudice came effectively to define racism at the individual level. Progress in thinking about racism might consist of abolishing the term and returning to thinking about hatred, prejudice and ‘othering’ separately.

‘The door creaked shut’: The new breach of bail offence for youth in Queensland

As part of the 2014 amendments to the Youth Justice Act 1992 (Qld) the previous Queensland government introduced a new breach of bail offence and a reverse onus provision in relation to the new offence. Also included in the raft of amendments was a provision removing the internationally accepted principle that, in relation to young offenders, detention should be used as ‘a last resort’. This article argues that these changes are likely to increase the entrenchment of young people within the criminal justice system.

Poisoning for production: how effective is fox baiting in south-eastern Australia?

1. The European red fox Vulpes vulpes represents a continuing threat to both livestock and native vertebrates in Australia, and is commonly managed by setting ground-level baits impregnated with 1080 (sodium fluoroacetate) poison. However, the long-term effectiveness of such control campaigns is likely to be limited due to the ability of foxes to disperse over considerable distances and to swiftly recolonize areas from where they had been removed. 2. To investigate the effectiveness of fox baiting in a production landscape, we assessed the potential for foxes to reinvade baited farm property areas within the jurisdiction of the Molong Rural Lands Protection Board (RLPB), an area of 815 000 ha on the central tablelands of New South Wales, Australia. The spatial distribution and timing of fox baiting campaigns between 1998 and 2002 was estimated from RLPB records and mapped using Geographical Information System software. The effectiveness of the control campaign was assessed on the basis of the likely immigration of foxes from non-baited farms using immigration distances calculated from published relationships between dispersal distance and home range size. 3. Few landholders undertook baiting campaigns in any given year, and the area baited was always so small that no baited property would have been sufficiently far from an unbaited property to have been immune from immigrating individuals. It is likely, therefore, that immigration onto farms negated any long-term effects of baiting operations. This study highlights some of the key deficiencies in current baiting practices in south-eastern Australia and suggests that pest management programmes should be monitored using such methods to ensure they achieve their goals.

U.S. Asylum Policy and the New World Order

"In the new world order, differences in political ideology have given way to differences in economic conditions between nation states as the prompting force for the outflow of would-be refugees and asylum seekers. In part, these pressures are associated with the political disintegration of the poorer republics of the former Soviet Union and its former satellite nations into ethnic enclaves. But the most endemic of the new contributory pressures are emanating from North-South economic differences between the "have" and "have-not" nations."