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.
State responsibility and borders
‘State responsibility’ refers to the legal rules setting out when States are accountable for breaches of their international legal obligations. These rules are particularly relevant when States act outside their national territories (or 'extraterritorially').
This project considers the rules of State responsibility in the context of Australia’s cooperation with other countries in the region on asylum and refugee matters. It examines the types of conduct that is attributable to Australia, and whether such conduct could constitute a breach of Australia's international obligations.
This project also considers how responsibility can be shared or divided between multiple countries. In particular, it examines the respective responsibilities of Australia, Nauru, Papua New Guinea, Cambodia and Indonesia towards asylum seekers and refugees in search of protection.
Project director: Madeline Gleeson
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