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.
Protection of children
Children face particular risks of harm and warrant special protection by the law because of their age and associated vulnerability. In addition, certain children face additional vulnerabilities as a result of being asylum seekers, refugees, stateless, in detention and/or unaccompanied. With each additional source of vulnerability, international law guarantees further protections to children which Australia, as a signatory to the key international treaties, is bound to uphold.
This project explores the obligations owed to children asylum seekers and refugees, both within Australia and in offshore processing, and within detention and in the community. It compares regional practices with international standards for child protection, and pays particular attention to how the requirement to take the best interests of the child as a primary consideration is interpreted and applied in Australia and elsewhere.
Project director: Madeline Gleeson
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