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.
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 (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  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  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
Australia’s offshore asylum policy ruled legal by High Court (BBC, 2016) Australia’s court rejected a challenge by lawyers for one detainee who are argued the policy was unconstitutional, paving the way for the deportation of over 250 people, including 37 babies, to a detention camp on Nauru.
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) 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
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 (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
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