Plaintiff M96A and the elusive limits of immigration detention

By Dr Sangeetha Pillai
First published in AusPubLaw, 29 May 2017

In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their treatment. The case is the most recent piece in the evolving jurisprudential puzzle on the constitutional limits of mandatory immigration detention in Australia...

Risks and rewards in Australia's plan for private sponsorship

By Khanh Hoang
This article also appeared in The Lowy Institute's Interpreter, 16 May 2017

Australia is set to roll out a new private sponsorship programme for refugees and humanitarian entrants on 1 July, following in the footsteps of Canada. The 2017-18 Budget announced that Australia will increase its Refugee and Humanitarian Programme to provide 16,250 places in 2017-18 and 18,750 in 2018-2019...

Does it matter how we “stop the boats”?

By Dr Violeta Moreno-Lax

On the day US President Trump launched his airstrike on Syria almost a month ago, the Australian Government touted the 30th turnback of an asylum seeker boat under Operation Sovereign Borders. Australian authorities returned the 25 Sri Lankan nationals aboard the boat, with the cooperation of the Sri Lankan Government...

The 1969 African Refugee Convention: A Panacea to Mass Movements of Refugees in Africa?

By Tamara Wood (Kaldor Centre/UNSW) and Dr Marina Sharpe (McGill)
First published in the Refugee Law Initiative Blog on Refugee Law and Forced Migration, 19 April 2017

The large-scale movement of persons is a defining feature of displacement in Africa. Conflict, generalised violence, persecution, political instability and the effects of natural hazards and climate change – whether alone or in combination – force large numbers of people from their homes each year...

Comment on Paposhvili v Belgium and the Temporal Scope of Risk Assessment

By Adrienne Anderson
First published in European Journal of International Law: Talk, 21 February 2017

On 13 December 2016, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered a significant ruling in Paposhvili v Belgium, App. No. 41738/10, correcting the narrow approach to Article 3 medical removal cases taken in D v United Kingdom, App. No. 30240/96 (2 May 1997)...

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