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The Federal Court of Australia decision of QAAH of 2004 v MIMIA, currently under appeal in the Hi... more The Federal Court of Australia decision of QAAH of 2004 v MIMIA, currently under appeal in the High Court of Australia, raises the issue how art IC(5) of the Convention Relating to the Status of Refugees ('the Refugees Convention') applies in the context of Australia's temporary protection visa (TPV) regime. The central questions in QAAH is whether a person who has been recognised as a refugee by the granting of a TPV and who is applying for a permanent protection visa (PPV) must re-establish de novo that they meet the requirements of the Refugees Convention definition (the position taken by Lander J in QAAH), or whether they remain a refugee unless the government can prove that circumstances have changed so as to active cessation (the majority's approach in QAAH). In this article, it is argued that the former option does not conform with Australia's obligations under the Refugees Convention.
Allegiance and Identity in a Globalised World, 2014
Trafficking and Human Rights, 2010
Immigration and Nation Building, 2010
Extract: Fathia Mohammed Yusuf (Yusuf) is an applicant for a protection visa under s 36(2) of the... more Extract: Fathia Mohammed Yusuf (Yusuf) is an applicant for a protection visa under s 36(2) of the Migration Act 1958 (Cth) (the Act) which incorporates Australia’s protection obligations to asylum seekers under the Convention Relating to the Status of Refugees (1951). Her claim for protection, based upon race and membership of a particular social group, was rejected by the primary decision-maker and on review by the Refugee Review Tribunal (RRT). However, she was successful on judicial review in an application to Finn J at first instance and then to the Full Court of the Federal Court (Heerey, Merkel and Goldberg JJ). The Minister for Immigration and Multicultural Affairs (the Minister for Immigration) appeals against the latter decision.
The International Journal of Human Rights, 2008
The response to the trafficking of women is primarily dominated by the discourse of criminal law ... more The response to the trafficking of women is primarily dominated by the discourse of criminal law both internationally and nationally. By contrast, in the refugee law context, women are constructed as victims in a 'culturally relative', patriarchal society. This paper explores the tensions between these constructs and the practical responses to protecting trafficked women. Taking Australia's policy response to the trafficking of women in the Asia-Pacific region as an example, the paper describes how the trafficking/smuggling distinction is blurred by constructing trafficked women both as victims/witnesses and as free agents rather than as rights bearing individuals. This profoundly affects the way that government agencies and decision-makers respond to the issues.
International Journal of Refugee Law, 2006
As the papers in this issue demonstrate, the Mediterranean 'problem' hi... more As the papers in this issue demonstrate, the Mediterranean 'problem' highlights the 'forced migration' context and the effects of the process of globalization on asylum. Jeff Crisp 1 explained in his presentation at the workshop, from which the collection arises, that the ...
The Federal Court of Australia decision of QAAH of 2004 v MIMIA, currently under appeal in the Hi... more The Federal Court of Australia decision of QAAH of 2004 v MIMIA, currently under appeal in the High Court of Australia, raises the issue how art IC(5) of the Convention Relating to the Status of Refugees ('the Refugees Convention') applies in the context of Australia's temporary protection visa (TPV) regime. The central questions in QAAH is whether a person who has been recognised as a refugee by the granting of a TPV and who is applying for a permanent protection visa (PPV) must re-establish de novo that they meet the requirements of the Refugees Convention definition (the position taken by Lander J in QAAH), or whether they remain a refugee unless the government can prove that circumstances have changed so as to active cessation (the majority's approach in QAAH). In this article, it is argued that the former option does not conform with Australia's obligations under the Refugees Convention.
Allegiance and Identity in a Globalised World, 2014
Trafficking and Human Rights, 2010
Immigration and Nation Building, 2010
Extract: Fathia Mohammed Yusuf (Yusuf) is an applicant for a protection visa under s 36(2) of the... more Extract: Fathia Mohammed Yusuf (Yusuf) is an applicant for a protection visa under s 36(2) of the Migration Act 1958 (Cth) (the Act) which incorporates Australia’s protection obligations to asylum seekers under the Convention Relating to the Status of Refugees (1951). Her claim for protection, based upon race and membership of a particular social group, was rejected by the primary decision-maker and on review by the Refugee Review Tribunal (RRT). However, she was successful on judicial review in an application to Finn J at first instance and then to the Full Court of the Federal Court (Heerey, Merkel and Goldberg JJ). The Minister for Immigration and Multicultural Affairs (the Minister for Immigration) appeals against the latter decision.
The International Journal of Human Rights, 2008
The response to the trafficking of women is primarily dominated by the discourse of criminal law ... more The response to the trafficking of women is primarily dominated by the discourse of criminal law both internationally and nationally. By contrast, in the refugee law context, women are constructed as victims in a 'culturally relative', patriarchal society. This paper explores the tensions between these constructs and the practical responses to protecting trafficked women. Taking Australia's policy response to the trafficking of women in the Asia-Pacific region as an example, the paper describes how the trafficking/smuggling distinction is blurred by constructing trafficked women both as victims/witnesses and as free agents rather than as rights bearing individuals. This profoundly affects the way that government agencies and decision-makers respond to the issues.
International Journal of Refugee Law, 2006
As the papers in this issue demonstrate, the Mediterranean 'problem' hi... more As the papers in this issue demonstrate, the Mediterranean 'problem' highlights the 'forced migration' context and the effects of the process of globalization on asylum. Jeff Crisp 1 explained in his presentation at the workshop, from which the collection arises, that the ...