Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse

Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse (Amnesty International, 2017). On a day that marks four long years of the Australian Government’s deliberately abusive policies Amnesty International is pleading for an immediate plan to guarantee the safety of the two thousand people trapped on Nauru and Manus Island.

Tackling the Global Refugee Crisis: From Shirking to Sharing Responsibility

Tackling the Global Refugee Crisis: From Shirking to Sharing Responsibility (Amnesty International, Oct. 2016) On 19 September 2016 the United Nations (UN) General Assembly collectively, and spectacularly, failed the 21 million refugees of this world. The “High-level Summit to address large movements of refugees and migrants” was to address the global refugee crisis, a crisis in which, daily, millions fleeing war and persecution in countries like Syria, South Sudan, Myanmar and Iraq suffer intolerable misery and human rights violations. World Read More

Safe and Voluntary Refugee Repatriation: From Principle to Practice

Safe and Voluntary Refugee Repatriation: From Principle to Practice (2016, Jeff Crisp & Katy Long) The article discusses the principles of voluntariness, safety, and dignity in the context of refugee repatriation. It begins by setting out the applicable legal framework, and discusses how that framework has been elaborated upon and refined since 1951. The article then discusses how the principles of voluntariness, safety, and dignity have, in practice, been applied (or, in a few unfortunate cases, ignored). After noting that Read More

Is There Any Blood on My Hands? Deportation as a Crime of International Law

Is There Any Blood on My Hands? Deportation as a Crime of International Law (Chetail 2016) Chetail, Vincent. 2016. “Is There Any Blood on My Hands? Deportation as a Crime of International Law.” Leiden Journal of International Law 29 (3): 917–43. doi:10.1017/S0922156516000376. The present article revisits international criminal law as a tool for sanctioning the most patent abuses against migrants. Although deportation is traditionally considered as an attribute of the state inherent to its territorial sovereignty, this prerogative may degenerate Read More

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1 (2016) Plaintiff M68-2015 v Minister for Immigration and Border Protection. 2016. This case note provides an overview of the key facts and findings of the High Court in Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1, and sets out some of the key developments following the case. The plaintiff, an asylum seeker from Bangladesh, had been detained in Nauru at one of Australia’s Read More

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens (Gerald L. Neuman, 2016) The completion of the project of the International Law Commission (ILC) on “the expulsion of aliens” marked an important stage in the development of international law relating to migration. The resulting Draft Articles on the Expulsion of Aliens reflect the joint effort of the ILC’s distinguished experts on public international law, from all regions of the world, to enunciate principles that regulate Read More

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens (2016, Daniel Kanstroom) Critical appraisal of the International Law Commission’s Draft Articles on the Expulsion of Aliens (“Draft Articles”) demands a conceptualization of contemporary expulsion or deportation as a global phenomenon. Deportation may be functionally defined as a powerful government assertion of high stakes sanctions in low formality settings aimed at the most powerless and marginalized members of society. In the United States context, deportation Read More

Deciphering Deportation Practices Across the Global North

Deciphering Deportation Practices Across the Global North (Weber 2014) Weber, Leanne. 2014. “Deciphering Deportation Practices Across the Global North.” In The Routledge Handbook on Crime and Migration, edited by S. Pickering and J. Ham, 1sted., 155–78. Abingdon Oxon, UK: Routledge. doi:10.4324/9780203385562.ch10. The increasing use of deportation appears to be a universal phenomenon across the Global North, driven by uncertainties arising from globalization and the ubiquity of ‘the governmentality of unease’ (Bigo 2002). However, against this broad backdrop of apparent uniformity, Read More

Department of Immigration and Border Protection: Annual Report 2014-15 (Australia)

Department of Immigration and Border Protection: Annual Report 2014-15 (Australia) The Department of Immigration and Border Protection Annual Report 2014–15 has been prepared in accordance with the Department of the Prime Minister and Cabinet’s Requirements for Annual Reports for Departments, Executive Agencies and other Non-corporate Commonwealth Entities, issued on 25 June 2015. This year’s annual report has been prepared to inform the Australian Parliament about the Department’s performance in relation to its services in 2014–15. The report is divided into Read More

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons (2015, Daniel Kanstroom & Jessica Chicco) This article considers a “Declaration on the Rights of Expelled and Deported Persons.” Drafted by the authors with significant input from a wide array of scholars, activists, judges, and others, this Declaration, reprinted in Appendix A, responds to what has become in recent years a major worldwide phenomenon: the deportation (also known as removal or expulsion) of large numbers of noncitizens. Read More

Is Deportation a Form of Forced Migration?

Is Deportation a Form of Forced Migration? (Matthew J. Gibney, Refugee Survey Quarterly (2013) 32 (2): 116-129). In this article I explore why, despite the fact that it seems to represent the epitome of forced migration, deportation (the quotidian practice of lawful expulsion) is generally ignored by forced migration scholars. My key claim is that deportation is implicitly deemed a legitimate form of forced migration. Forced migration is not simply a descriptive term; it is also typically an evaluative one. Read More

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness?

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness? (Timothy P Fadgen and Guy Charlton, Victoria University of Wellington Law Review Vol. 43, Issue 3 (Sep 2012)). New Zealand has long prided itself as a champion for human rights within the international community. At the same time, local immigration laws have been tightened and long-standing recognition of the rights of migrants has been eroded. One sub-class of migrants, and the Read More

Working with Deported Individuals in the Pacific: Legal and Ethical Issues

Working with Deported Individuals in the Pacific: Legal and Ethical Issues (UNDP Pacific Centre, 2012) Deportation as described by the International Organization for Migration (IOM) refers to “the act of a State in the exercise of its sovereignty in removing an alien from its territory to a certain place after refusal of admission or termination of permission to remain.” Therefore, for criminal deportation cases this refers to the removal of an alien (non-citizen) after committing a criminal act in the Read More

Return[ed] to Paradise: The Deportation Experience in Samoa & Tonga

Return[ed] to Paradise: The Deportation Experience in Samoa & Tonga (Natalie Pereira, UNESCO, 2011) UNESCO’s Social and Human Sciences Apia program has conducted research on the experiences of deportees in Samoa and Tonga over a two year period. The Social and Human Science sector’s mission is to advance knowledge, standards and intellectual cooperation in order to facilitate social transformations conducive to the universal values of justice, freedom and human dignity. Deportation as described by the International Organization for Migration refers Read More

Asylum and the European Convention on Human Rights

Asylum and the European Convention on Human Rights (2010, Nuala Mole & Catherine Meredith) Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers.This revised edition considers the substantial body Read More

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics (Sarah H. Paoletti, 30 U. Pa. J. Int’l L. 1171 (2009)) In response to the abuses migrants face, migrants and advocates have historically engaged in advocacy on two parallel tracks, with one camp operating in the domestic sphere and the other camp operating in the international arena. In recent history, domestic advocates have begun to cross into the international advocacy field frustrated by the lack of state and federal Read More

Socioeconomic Rights and Refugee Status: Deepening the Dialogue Between Human Rights and Refugee Law

Socioeconomic Rights and Refugee Status: Deepening the Dialogue Between Human Rights and Refugee Law (Marouf, Fatma E. & Deborah E. Anker, 103 American Journal of International Law 784 (2009)). Over the past two decades, international human rights law has provided an increasingly useful framework for interpreting key criteria of the definition of a refugee. A human rights-based approach to analyzing refugee status helps to increase consistency and uniformity in decision making by state parties regarding who qualifies for international protection. Read More

Detention and Deportation: A Continuing Scandal

Detention and Deportation: A Continuing Scandal (Glenn 2007) Nicholls, Glenn. 2007. “Detention and Deportation: A Continuing Scandal.” Arena. http://arena.org.au/detention-and-deportation-a-continuing-scandal/. Glenn Nicholls argues for fundamental reforms in the treatment of detainees and deportation legislation [in Australia]. The Cornelia Rau and Vivian Alvarez scandals in 2005 brought intense pressure on the Immigration Department to be more careful in carrying out deportations and incarcerating potential deportees. The department is spending $550 million over five years on upgrading its computer systems and has promised Read More