Australian Public Law

Immigration law articles

The following Australian Institute of Administrative Law publications contain several papers relevant to refugee and immigration law:
- Proceedings of the "National Administrative Law Forum" - The Annual AIAL Conference (1997-2000) - separate page lists many papers - each set of conference papers may be downloaded in .pdf format
- AIAL Forum - The AIAL Quarterly Journal (Nos. 23-28) - separate page lists many articles - each edition may be downloaded in .pdf format.
Sengchanh, V, "Refugees - Two Lifetimes in One" - E Law - Murdoch University Electronic Journal of Law, Vol 8, No 4 (December 2001)
Bitel D, Refugee Law - Membership of a Particular Social Group - The Issue of Sexual Orientation Persecution - Parish Patience, solicitors website (November 2001)
Dow C and Watt D, Child Migrants from the United Kingdom - Commonwealth Parliamentary Library E-Brief - 8 October 2001
Hancock N, Refugee Law—Recent Legislative Developments - Commonwealth Parliamentary Library Current Issues Brief 5 2001-02 - 18 September 2001 - Abstract
Rubenstein K, Citizenship and the Centenary -- Inclusion and Exclusion in 20th Century Australia [2000] MULR 24; (2000) 24 Melbourne University Law Review 576 (December 2000) - Abstract
Bitel D, Boats, votes and human rights - Parish Patience, solicitors website (December 2000) - paper given at the National Conference on Reconciliation, Multiculturalism, Immigration and Human Rights at the University of Technology, Sydney
Kneebone S, Minister for Immigration and Multicultural Affairs v Fathia Mohammed Yusuf - Bond University High Court Review (2000) - Volume 6
Gibney MJ, Outside the Protection of the Law: The Situation of Irregular Migrants in Europe - Refugee Studies Centre Working Paper No. 6 (September 2000)
Milner J, Sharing the Security Burden: Towards the Convergence of Refugee Protection and State Security - Refugee Studies Centre Working Paper No. 4 (May 2000)
Dauvergne C, Citizenship, Migration Laws and Women: Gendering Permanent Residency Statistics - [2000] MULR 11; (2000) 24 Melbourne University Law Review 280 - Abstract
Crock M, Abebe v Commonwealth; Minister for Immigration and Multicultural Affairs v Eshetu - [2000] MULR 6; (2000) 24 Melbourne University Law Review 190 - Abstract
The 1951 Convention: Lasting Cornerstone of Refugee Protection - questions and answers on refugee issues from UNHCR conference presentation "Asylum and protection / The Convention under scrutiny" (15 June 2000)
Feller E, Asylum and protection - The Convention under scrutiny - UNHCR conference presentation "Asylum and protection / The Convention under scrutiny" (15 June 2000)
Millbank, A The Problem with the 1951 Refugee Convention - Cth Parliamentary Library Research Paper 5 2000-01 (5 September 2000)
UNHCR and International Protection - Refugee Studies Centre Working Paper No. 2 (June 1999) - contributors: Michael Barutciski (Research Fellow in International Law, RSC): Introduction - Confusion about UNHCR's Role, Dennis McNamara (Director of International Protection, UNHCR): Opening Address, Guy Goodwin-Gill (Professor of International Refugee Law, University of Oxford): Closing Address: Principles and Protection - Making it Work in the Modern World
Rutinwa B., The End of Asylum? The Changing Nature of Refugee Policies in Africa - New Issues in Refugee Research, no. 5, May 1999
The Kosovo Crisis - Refugee Studies Centre Working Paper No. 1 - papers from a workshop held on 18 May 1998 at Green College, University of Oxford.
Chimni BS, Globalisation, Humanitarianism and the Erosion of Refugee Protection - paper delivered at School of International Studies, Jawaharlal Nehru University, New Delhi, India - 17 November 1999
Chimni BS, New Issues in Refugee Research - UNHCR working paper May 1999 - subtitled "From resettlement to involuntary repatriation: towards a critical history of durable solutions to refugee problems"
Fleming G, Administrative Review and the "Normative" Goal—Is Anybody Out There? - Federal Law Review Volume 28 No. 1 (1999)
Kneebone S, Refugees, natural justice and sovereignty: fundamental or substantial justice? - IACL 5th World Congress (1999) - 'Constitutionalism, Universalism & Democracy' (to download footnoted version go to Contents and click author name)
Kondo A, Electoral rights for "non-citizens" - IACL 5th World Congress (1999) - 'Constitutionalism, Universalism & Democracy' (to download footnoted version go to Contents and click author name)
Legomsky S, Constitutions and noncitizens in a changing world - IACL 5th World Congress (1999) - 'Constitutionalism, Universalism & Democracy' (to download footnoted version go to Contents and click author name)
Litton H, The Vietnamese boat people story: 1975 – 1999; the impact of mass migration on an established legal system in Hong Kong - IACL 5th World Congress (1999) - 'Constitutionalism, Universalism & Democracy' (to download footnoted version go to Contents and click author name)
Mogosanu A, The constitutional rights of non-citizens in Romania - IACL 5th World Congress (1999) - 'Constitutionalism, Universalism & Democracy' (to download footnoted version go to Contents and click author name)
Callinan Justice I, Review and Appeals in Immigration Law - High Court website (1999)
Immigration Entry Arrangements for the Olympic and Paralympic Games - Joint Standing Committee on Migration report (September 1999).To view or print the document, you will require the Acrobat PDF reader®, which can be downloaded free of charge from Adobe® via the Parliamentary PDF page.
Report of inspections of detention centres throughout Australia - Joint Standing Committee on Migration report (August 1998).To view or print the document, you will require the Acrobat PDF reader®, which can be downloaded free of charge from Adobe® via the Parliamentary PDF page.
Those who've come across the seas: Detention of unauthorised arrivals - HREOC report
Immigration Detention Centre Guidelines - HREOC document
Morgan W, Passive/aggressive: the Australian Government's Responses to Optional Protocol communications - Australian Journal of Human Rights Volume 5 Number 2 (1999)
Haines R., A Brief Introduction to New Zealand Refugee Law, July 1999
Klaaren J., A Guide to South African Refugee Law, May 1999
Danish Refugee Council, Legal and Social Conditions for Asylum Seekers and Refugees in Central and Eastern European Countries, April 1999
1998-99 Review of Immigration Detention Centres - HREOC report
Deportation of Non-Citizen Criminals - Joint Standing Committee on Migration report (June 1998).To view or print the document, you will require the Acrobat PDF reader®, which can be downloaded free of charge from Adobe® via the Parliamentary PDF page.
Ward C, Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331: Principles of Interpretation Applicable to Legislation Adopting Treaties - Federal Law Review Vol 26 No 1 (1998) - Abstract. Also note that the High Court has recently revisited the 'particular social group' ground in the Refugee Convention, and seemingly adopted a less narrow view than in Applicant A. See Chen Shi Hai v The Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293
Leerdam L, Testing the limits of the Refugees Convention: Recent decisions of the High Court and Full Federal Court - (1998) 36 (11) LSJ 53
Jones M, Judicial Review of Immigration Decisions - making it legal (1998) - deals with the Coalition Government's (now enacted) plans to effectively abolish judicial review of immigration decisions by use of a privative clause in the light of the High Court's approach to the Hickman doctrine in Darling Casino).
Bills Digest No. 90 1998-99 - sets out the Coalition's case for restricting judicial review of migration decisions by use of a privative clause (see preceding article)
NSW Young lawyers battle Minister on immigration - (1998) 36 (7) LSJ 72 (author not stated)
Documents Delivered by Delegates 1998 Conference of the International Association of Refugee Law Judges (IARLJ) (includes overviews for the Bahamas, Bulgaria, Burkina Faso, Canada, Côte d'Ivoire, France, Liberia, Mozambique, South Africa, Tanzania, Uganda, United Kingdom, United States, and Zimbabwe)
Danish Refugee Council, Legal and Social Conditions for Asylum Seekers and Refugees in Western European Countries, January 1997
Holton R, Immigration, Social Cohesion and National Identity - Cth Parliamentary Library Research Paper No. 1 1997-98 (1 September 1997)
Poynder N, A (name deleted) v Australia:1 - Australian Journal of Human Rights Volume 4 Number 1 (1997)
Koller S, Unequal Treatment for Newly Arrived Migrants Under the Social Security Act - Australian Journal of Human Rights Volume 4 Number 1 (1997)
Certoma L and Gerkens M, RRT article: uninformed, unsubstantiated claim - (1998) 36 (1) LSJ 55
McWilliams E, Defective decisions for review? - (1997) 35 (11) LSJ 63 (the critical article on the RRT about which Messrs. Certoma and Gerkens complained - see immediately above)
White A, Refugees, asylum-seekers and human geography - some theoretical perspectives - post-modernist approach to refugee issues by a British geographer!! Date of writing unclear (apparently around 1997-8).
Sidoti S, Keynote Address - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Murphy K, Debunking the Myths - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Tankard Reist M, Debunking the Myths: Why Do They Come? - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Mathew P, Language v Reality: the Case of Refugee Protection - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Legomsky SH, The New Techniques for Managing High-Volume Asylum Systems - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Piper M, The Pedestal is Crumbling: Current Issues of Concern to European NGOs - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Lamb C, Untitled address - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Bedlington J, What Governments Do: Facing the Practical Realities - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Shoesmith D, Refugees and Regional Politics: the Dynamics of Refugee Flows in Mainland Southeast Asia - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Federer J, Regional Flashpoints: East Timor and Indonesia - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Piper M, The Future of Hong Kong - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
McDonald C, Australia's Declining Commitment to Refugees -- Sending a Message to Asia - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Crock M, Reviewing the Merits of Refugee Decisions: an Evaluation of the Refugee Review Tribunal - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Chetty S, The Refugee Review Tribunal -- Facilitating Australia's Compliance with its Obligations under the Refugee Convention - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Lindsay R, The Australian Janus: The Face of the Refugee Convention or the Unacceptable Face of the Migration Act? - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Nygh P, Multiple Nationality and the Refugee Convention: the Position of the East Timorese - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Rubenstein K, Citizenship As Democratic Participation and Exclusion: the High Court's Approach to Judicial Review and Refugees - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Lester E, The "Irregular Movement" of Asylum Seekers and Refugees - paper delivered at conference "Retreating From the Refugee Convention?" - Northern Territory University on 7-10 February 1997
Spry M, China's One Child Policy and Refugee Status in Australia - Cth Parliamentary Library Research Note 31 1996-97 (February 1997)
Crock M and Robinson M, Redefining the Role of the Courts: The Implications of Recent Developments in the Judicial Review of Migration Decisions (1997) (Mark Robinson - Sydney barrister - personal website)
Rubenstein K, Citizenship and the Constitutional Convention Debates: A Mere Legal Inference - Federal Law Review Vol 25 No 2 (1997)
Twomey A, Minister for Immigration and Ethnic Affairs v Teoh - Federal Law Review Vol 23 No 2 (1997)
The State of the World's Refugees - A Humanitarian Agenda - major UNHCR report (1997)
The State of The World's Refugees in search of solutions - major UNHCR report (1997)
Working Holiday-Makers: More than Tourists - Joint Standing Committee on Migration report (August 1997).To view or print the document, you will require the Acrobat PDF reader®, which can be downloaded free of charge from Adobe® via the Parliamentary PDF page.
Crock M and Gibian M, Before the High Court - Minister for Immigration and Ethnic Affairs v Eshetu - The Sydney Law Review Volume 20 Number 3 (case note preceding the High Court's decision in Eshetu, which negated 'back-door' review for natural justice under s 420 of the Migration Act)
Ruddock P, The Balancing Act: Immigration Decision-making - The Department, the Tribunals and the Courts - Proposed changes to the Administrative Review Scheme - (1997) - deals with Coalition's then-planned amendments to the Migration Act. But gives some guidance on the Government's thinking, and some useful if dated statistics.
Hathaway JC, Toward the Reformulation of International Refugee Law - A Model for Collectivized and Solution-Oriented Protection - executive summary of paper published in (1997) 10 Harvard Human Rights Journal
Cronin K, A Primary Consideration - Children in Australian Immigration Law - Australian Journal of Human Rights Volume 2 Number 2 (1996)
Commonwealth Ombudsman Special Reports - the following two reports are of particular interest: 'Revocation of Visas on Entry into Australia'; and 'Investigation Concerning Onshore Refugee Processing'. They are in PDF format, so the link is to the download page.
Hansen D and Le Sueur, Separating mothers and children: Australia's gendered immigration policy - Alternative Law Journal (1996)
Gorina M, Migration Law, Policy and Practice: An Interview - The Human Rights Defender Vol 5 No 3 (1996)
Diesel N, Refugee Week Shame - The Human Rights Defender Vol 5 No 3 (1996) (deals with Commonwealth response to HREOC v Secretary of the Department of Immigration and Multicultural Affairs (unreported, Lindgren J, NG 268 of 1996) ('the HREOC letter case')
Hathaway JC, Can International Refugee Law Be Made Relevant Again? - US Committee for Refugees website - sourced from World Refugee Survey 1996
Lavoyer J.-P., Refugees and Internally Displaced Persons: International Humanitarian Law and the Role of the ICRC, International Review of the Red Cross, no. 305, 1 March 1995 - www.icrc.org/eng/review (scroll down to "1995 - March, no. 305")
Poynder N, Recent Implementation of the Refugee Convention in Australia and the Law of Accommodations to International Human Rights Treaties. Have We Gone Too Far? - Australian Journal of Human Rights Vol 2 No 1 (1995)
Walzer, G., The Cartagena Declaration: A Decade of Progress - Refugees, vol. 99, no. 1, 1995
Roberts S, Minister Of State For Immigration And Ethnic Affairs v Ah Hin Teoh: The High Court Decision And The Government's Reaction To It - Australian Journal of Human Rights Vol 2 No 1 (1995)
Slater B, A foot in the door. Informal entry applications may still be current (1995) 33 (5) LSJ 46
Poynder N, Marooned in Port Hedland;The case of the boat people. The UN Human Rights Committee in practice - (old article - 1993) (Alternative Law Journal)
Alleweldt R., Protection Against Expulsion Under Article 3 of the European Convention on Human Rights European Journal of International Law 4(3), 1993
UNHCR publications page - Links to many UNHCR working papers and other useful publications
UNHCR research/evaluation page - also links to numerous valuable publications