Changes to what constitutes a ‘character concern’ - and the consequences for people who have had their visas cancelled under character grounds – quietly passed in February when the Australian parliament resumed for two weeks with attention focussed on energy policy and party vote-preference deals in the Western Australia.
As part of the Kaldor Centre’s series of Legislative Briefs, Khanh Hoang explains The Migration Amendment (Character Cancellation Consequential Provisions) Act 2017 (Cth). He outlines key issues including: procedural fairness concerns; the potential for double punishment; lack of disclosure of information to the visa holder; and ability to seek judicial review.
‘Complementary protection’ describes the obligations that States have under international human rights law to people who are at risk of serious human rights violations if removed, but who do not qualify as ‘refugees’ under the 1951 Refugee Convention. For instance, States are prohibited from sending people back to places where they face a real risk of being subjected to torture or cruel, inhuman or degrading treatment or punishment, or arbitrarily deprived of life.
This project examines the operation of complementary protection regimes around the world, but it also has a particular focus on complementary protection in Australia. Since 24 March 2012, asylum seekers processed in Australia have been eligible for complementary protection. This project provides a weekly update of all complementary protection decisions that shed light on its interpretation and application in Australia (and also in New Zealand).
Project director: Professor Jane McAdam
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