Castan Centre for Human Rights Law

Author: mariaosullivan

  • Are white farmers in South Africa refugees? Giving Protection to those in need.

    Are white farmers in South Africa refugees? Giving Protection to those in need.

    By Maria O’Sullivan The Minister Home Affairs, Peter Dutton, announced last week that the government is considering giving visas to white farmers from South Africa on the basis that they are ‘persecuted’. The Minister noted that Australia has refugee, humanitarian and other visa programs which have the ‘potential to help some of these people’ and…

  • THE HIGH COURT DECIDES – THE MARRIAGE SURVEY WILL PROCEED

    THE HIGH COURT DECIDES – THE MARRIAGE SURVEY WILL PROCEED

    By Maria O’Sullivan Today the High Court handed down a decision that will have ramifications for a very important social issue: the lack of marriage equality in Australia. In the two cases – Wilkie and others v The Commonwealth and Australian Marriage Equality Ltd and others v Minister for Finance – the High Court rejected…

  • The Legality of Manus Island detention under Australian law – The High Court decides in Plaintiff S195

    The Legality of Manus Island detention under Australian law – The High Court decides in Plaintiff S195

    The involvement of Australia in the detention of refugees in Nauru and Papua New Guinea (PNG) raises complex constitutional and international law issues. One of these issues was answered today by the High Court of Australia which unanimously rejected a challenge to the legality of Australia’s arrangements with Papua New Guinea. The case – Plaintiff…

  • What’s next for asylum seekers under a re-elected Turnbull government?

    By Maria O’Sullivan Dealing with refugee flows requires sophisticated policies that reflect both domestic and international realities. These realities include Australia’s status as a sovereign nation that wishes to protect its borders, but also as a country operating in a highly globalised world. That world is experiencing situations of protracted armed conflict and large numbers of…

  • THE END OF OFFSHORE DETENTION?

    The implications of the Papua New Guinea Supreme Court decision  By Maria O’Sullivan The highest court in Papua New Guinea has, in a unanimous decision, found that detention of refugees and asylum seekers in its Australian-funded ‘processing’ centres is unconstitutional. Although the Supreme Court decision is not directly enforceable under Australian law, it will have…

  • The 2015 Human Rights Report – The latest refugee laws weaken protection for the vulnerable

    By Maria O’Sullivan This piece is featured in the 2015 Castan Centre Human Rights Report. We will be featuring the articles on the blog throughout the month of May.  Refugee law in Australia is the subject of political controversy and rapid change. This was illustrated in the last hours of the final sitting of the Senate on…