Tag: asylum seekers

  • Retrospective People Smuggling Bill: a Breach of our Constitution?

    By Adam Fletcher The major parties put aside their differences on immigration policy in the House of Representatives last week to pass the Deterring People Smuggling Bill 2011 (the Bill). Despite its name, the Bill is a ‘clarification’ of the people smuggling offences in the Migration Act 1958 (Cth) designed to make successful prosecutions easier. […]

  • The Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011

    Last Friday (16 September), the Government released an exposure draft of the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 to “give effect to its commitment to restore power to the executive enabling the removal of irregular maritime arrivals for third country processing.” The ‘purposes’ section of the Migration Act 1958, which this […]

  • Malaysian Arrangement Dead in the Water – Time to End of Offshore Processing

    On Wednesday the High Court of Australia followed up its injunction (see below) with a 6-1 judgment against the Gillard Government’s arrangement with Malaysia to swap asylum seekers for processed refugees. The Court reminded the Government (and anyone else who cared to pay attention) that the Migration Act 1958 (Cth) actually implements the 1951 Convention […]

  • Injunction against the Government’s Malaysian ‘Arrangement’

    By Adam Fletcher Yesterday (8 August 2011), a single judge of the High Court (Justice Hayne) granted interlocutory relief (an injunction) in the case of Shah & Ors v Minister for Immigration and Citizenship & Anor.  This interim measure prevents the Commonwealth Government from removing the first group of 16 asylum seekers from Christmas Island […]

  • Remembering the Rule of Law

    by Melissa Castan Remembrance Day is commemorated on 11 November; on that day, we recall those who fell in the Great War fighting for their country. Some also recall it as ‘Dismissal Day,’ marking one of the most turbulent political events in Australian history. In Australia this year we also celebrated a ‘Rule of Law’ […]