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Australia can detain asylum seekers on the high seas, the High Court decides
By Maria O’Sullivan On Wednesday, the High Court handed down an important judgment on the legality of the interception of asylum seeker vessels and the detention of those onboard on the high seas. It ruled, by a 4:3 majority, that the Sri Lankan asylum seekers held at sea in 2014 on a Customs vessel were…
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Questioning the queue: blocking protection to asylum seekers in Indonesia
By Maria O’Sullivan Immigration Minister Scott Morrison has announced that asylum seekers residing in Indonesia while awaiting protection will no longer obtain resettlement in Australia. This move puts into serious question the humanitarian rationale for Australia’s resettlement program and its work on a Regional Co-operation Framework for asylum seekers in Southeast Asia. Government officials constantly…
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Explainer: Does Cambodia refugee deal comply with the convention?
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Preventing asylum seekers’ return to harm through the High Court
By Maria O’Sullivan Later today, the High Court is due to hear a challenge to the screening and transfer of a boatload of Sri Lankan asylum seekers back to Sri Lankan authorities. Under international law, return of persons to their country of origin without properly ascertaining if they are refugees is clearly in breach of…
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2014 Castan Human Rights Report: Europe – protecting asylum seekers’ core rights
By Maria O’Sullivan Just as the arrival of boats carrying asylum seekers has been a high-profile political issue in Australia for some years, asylum has been similarly controversial in Europe. However, events there highlight how governments can deal with this controversial issue while protecting asylum seekers’ core human rights. Two important developments in particular have…
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The PNG solution: as harsh as it is unprecedented
By Maria O’Sullivan Under the ”regional agreement” signed by Australia and Papua New Guinea on Friday, all asylum seekers who travel to Australia by boat will be transferred to PNG and have their asylum claims processed there by local officials. Controversially, those asylum seekers recognised as refugees will be resettled in PNG, and not Australia.…
Castan Centre for Human Rights Law 