Required Reading

Adam McBeth, Justine Nolan and Simon Rice, 'Refugees' in The International Law of Human Rights(OUP, 2^nd edn, 2017) 495-525.

Louise Chappell, John Chesterman and Lisa Hill, 'Refugees' in The Politics of Human Rights in Australia (Cambridge University Press, 2009) 27-61.

Additional Reading

Tania Penovic, 'Boat People and the Entrenchment of Exclusion' in Paula Gerber and Melissa Castan (eds) Critical Perspectives on Human Rights Law in Australia(Lawbook, 2021) 373-408.

Question

1. What is the definition of refugee? What is meant by a 'well-founded fear of persecution'?
2. Contrast the case-law of the Australian High Court, and the decisions of the United Nations Committee on Human Rights, on mandatory detention of unlawful non-citizens. What explains the difference in approach?
3. What was the 'Tampa' incident and what was the decision of the Federal Court in Ruddock v Vadarlis [2001] FCA 1329?
4. Internationally Australia is recognised as having a strong record in resettlement of humanitarian refugees but not in its asylum policies, especially regarding 'irregular maritime arrivals'. What measures has Australia taken to deter 'irregular maritime arrivals'? What explains Australia's difference in treatment of these groups?
5. If you were responsible for Australia's asylum policies, would you retain the same policies or would you change them? Give reasons for your answer. If you have said you would change them, how would you garner public support for any changes?