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  • High Court validates maritime interception powers but watch this space!

    Posted 12/02/2015 by Elibritt Karlsen
    Australian Customs Vessel ACV30 Botany Bay returns to Stokes Hill Wharf
    Ken Hodge [CC-BY-2.0], via Wikimedia Commons
    On the 28 January 2015, the High Court delivered its much anticipated judgment on the scope and extent of Australia’s maritime interception powers. The Court held, by a majority (4:3) that the detention of a Sri Lankan asylum seeker intercepted en route to Australia with another 156 passengers was lawful under the Maritime Powers Act 2013 (the MPA). In doing so, their Honours also confirmed that the asylum seekers were not entitled to be consulted as to the desirability or otherwise of the... Read more...

    TAGS: Refugees, asylum, immigration

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  • Developments in refugee law and policy: 2014 in review

    Posted 8/01/2015 by Elibritt Karlsen
    Refugee
    ZouZou/shutterstock.com
    On a global level, 2014 may well be remembered as the year the number of refugees, asylum-seekers and internally displaced people exceeded 50 million people for the first time in the post-World War II era. However, in Australia 2014 will most likely be remembered as the year the boats stopped. That is not to say that boats carrying asylum seekers stopped attempting to reach Australia—rather, there were considerably fewer attempts made and those that did, were all (except one) redirected el... Read more...

    TAGS: Refugees, asylum, immigration

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  • Minister reports to Parliament on processing arrangements in Nauru and PNG for 2013—14

    Posted 8/12/2014 by Elibritt Karlsen
    Parliament House in Canberra
    On 4 December 2014, the last scheduled parliamentary sitting day for the year, a report was tabled in Parliament on the regional processing arrangements for unauthorised maritime arrivals. The Minister’s report covers arrangements made during the period 1 July 2013 to 30 June 2014. The statutory obligation to produce such a report comes from section 198AJ of the Migration Act which was inserted by the former Government to give effect to a recommendation of the Senate Legal and Constitution... Read more...

    TAGS: asylum, refugees, immigration

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  • Permanent residency for Safe Haven Enterprise Visa holders?

    Posted 28/11/2014 by Elibritt Karlsen
    On 25 September 2014, the Government announced that it would be creating a new temporary protection visa, to be known as a Safe Haven Enterprise Visa (SHEV) which would be available to refugees that had arrived by boat prior to the commencement of the regional processing regime announced by former Prime Minister Kevin Rudd in July 2013. Though the visa criteria are yet to be finalised, the SHEV is expected to be valid for five years and is specifically designed to encourage refugees to move to r... Read more...

    TAGS: refugees, asylum, immigration

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  • Australia's refugee population: A statistical snapshot of 2013-14

    Posted 28/11/2014 by Elibritt Karlsen
    Statistics recently published by the Immigration Department reveal that during the 2013—14 financial year, some 6,500 visas were granted to refugees abroad who had applied to be resettled to Australia. The majority of these people originally fled persecution from countries such as Afghanistan (2530), Myanmar (1145), and Iraq (830). The Department also granted 300 refugee category visas to Syrian nationals. Though the Department’s statistics do not indicate where these people were re... Read more...

    TAGS: refugees, asylum, immigration

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  • High Court strikes down Minister's decision to cap permanent visas for refugees

    Posted 25/06/2014 by Elibritt Karlsen
    On 20 June 2014 the High Court unanimously upheld separate challenges by two asylum seekers who questioned the ability of the Minister to limit or cap the number of protection visas that can be granted. On 4 March 2014 Immigration Minister, Scott Morrison, made a determination limiting the number of permanent protection visas that could be granted during the 2013/14 financial year. The limit of 2773 was reached only three weeks after the cap had been set. The principle question before the Court ... Read more...

    TAGS: Refugees, asylum, High Court, immigration

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  • World Refugee Day 2014 - highest levels of displacement since World War II

    Posted 20/06/2014 by Janet Phillips
    Refugee
    ZouZou/shutterstock.com

    On World Refugee Day, celebrated on 20 June each year, the United Nations High Commissioner for Refugees (UNHCR) reports on global displacement trends based on data collected from the previous calendar year by governments, Non-Government Organisation (NGO) partners and the UNHCR itself.

    This year, in its publication Global trends 2013, the UNHCR has reported that the number of refugees, asylum-seekers and internally displaced people worldwide has exceeded 50 million people for the first time since World War II.

    Read more...

    TAGS: refugees, asylum

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  • High Court gets another chance to have the final word on regional processing

    Posted 18/06/2014 by Elibritt Karlsen
    Australian flag
    On 18 June 2014, the High Court unanimously ruled that the statutory scheme under which Papua New Guinea (PNG) was designated as a regional processing country is constitutionally valid. This FlagPost examines the events that led up to the Court’s decision.   In May 2011, in the context of increasing numbers of unauthorised maritime arrivals (UMAs), former Prime Minister, Julia Gillard announced that Australia would enter into an agreement with Malaysia that would see 800 UMAs transfe... Read more...

    TAGS: Migration; asylum seekers; regional processing

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  • Offshore processing: lessons from the ‘Pacific Solution’

    Posted 15/04/2014 by Elibritt Karlsen
    On 9 May 2014, the High Court of Australia is scheduled to begin considering the legality of the former Government’s decision to classify Papua New Guinea (PNG) as a regional processing country. Amongst other things, the plaintiff argues that the former Labor Government failed to take into account advice from the UN High Commissioner for Refugees (UNHCR) which stated there were no laws and procedures in place in PNG for the determination of refugee status or immigration officers with the e... Read more...

    TAGS: asylum refugees immigration

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  • Asylum levels and trends in industrialised countries 2013

    Posted 28/03/2014 by Harriet Spinks

    On 21 March 2014 the United Nations High Commissioner for Refugees (UNHCR) released Asylum levels and trends in industrialised countries 2013. The report provides data on asylum claims lodged in 44 industrialized countries (38 European countries plus the USA, Canada, Japan, South Korea, New Zealand and Australia), and reveals a number of interesting trends.

    Read more...

    TAGS: Asylum, Refugees

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