Welcome to The Conversation’s research repository on asylum seeker issues.
When public debate has ground to a halt over something as serious as lives lost at sea, it’s time to look to what the evidence shows us.
The Conversation, in partnership with the Border Crossing Observatory, is collecting relevant Australian and international research, with a view to better informing all sides of the asylum seeker debate.
Below is a collection of regional research in the area, arranged by category, spanning source and transit countries, border issues and the law.
But this list is by no means exhaustive. If you are an academic or researcher who has published in this area, leave a link to your work in the comments section, or email email@example.com.
Australian Human Rights Commission (2011) – Immigration detention at Villawood: Summary of observations from visit to immigration detention facilities at Villawood, Australian Human Rights Commission.
This Australian Human Rights Commission paper raises concerns about the provision of physical and mental health services for people in immigration detention at Villawood and the prevalence of self-harm/suicide in detention centres.
Border Crossing Observatory (2012) – Australian Border Deaths Database 2000-June 2012
The database records border-related deaths at the Australian frontier for the period 1 January 2000 – 29 June 2012.
Carling, J. (2007) – Migration control and migrant fatalities at the Spanish-African borders, International Migration Review, 41(2):316-343.
This article addresses the dynamics of migration control along the Spanish-African borders and the associated problem of migrant deaths.
Cavanagh, G. (2010) – Inquest into the death of Mohammed Hassan Ayubi, Muzafar Ali Sefarali, Mohammed Amen Zamen, Awar Nadar, Baquer Husani, NTMC 014, 17 March 2010, Northern Territory Coroner.
The NT Coroner examines the deaths of Mohammed Hassan Ayubi, Muzafar Ali Sefarali, Mohammed Amen Zamen, Awar Nader, and Baquer Husani on the 16th of April 2009 after an explosion on an Indonesian fishing vessel known as Suspected Illegal Entry Vessel (SIEV) 36.
Cornelius, W. (2001) – Death at the border: Efficacy and unintended consequences of US immigration control policy, Population and Development Review, 27(4): 661-685.
This article assesses the efficacy of the strategy of immigration control implemented by the US government since 1993 in reducing illegal entry attempts, and documents some of the unintended consequences of this strategy, especially a sharp increase in mortality among unauthorized migrants along certain segments of the Mexico-US border.
Cornelius, W. (2005) – Controlling ‘unwanted’ immigration: Lessons from the United States 1993-2004, Journal of Ethnic and Migration Studies, 31(4): 775-794.
This paper evaluates the strategy for controlling ‘unwanted’ immigration that has been implemented by the US government since 1993, and suggests explanations for the failure of that strategy to achieve its stated objectives up until 2004.
Fekete, L. (2003) – Death at the border: Who is to blame?, European Race Bulletin, Institute of Race Relations, 44: 1-12.
This article looks at the EU Border Control Programme, introduced with scant regard to refugee protection and human rights, and how it is leading to an increasing number of deaths on the borders of Europe – and beyond.
Fekete, L. (2009) – Europe’s shame: A report on 105 deaths linked to racism or government migration and asylum policies, European Race Bulletin, 66, Winter 2009, London, Institute of Race Relations.
The Institute of Race Relations’ presents its research into deaths of asylum seekers, migrants, refugees, members of minority ethnic groups or targets of far-Right activity in the EU in 2007 and 2008 due to either racism or government migration and asylum policies.
Gibbings, B. (2010) – Remembering the SIEV X: Who Cares for the Bodies of the Stateless, Lost at Sea?, The Public Historian, 32(1): 13–30.
This article discusses the debates around memorials for those lost at sea, and particularly for those who might be portrayed as enemies or “illegal immigrants” whose coming threatens national borders, using the SIEV X 2001 example in Australian waters.
Guerette, R. (2007) – Immigration policy, border security and migrant deaths, Criminology and Public Policy, 6(2): 245-266.
This study evaluates the impact of life-saving efforts performed under the US Border Safety Initiative (BSI) at the US-Mexico border where results indicate that there has been no overall reduction in the rate of migrant deaths since the BSI has been in operation.
Guerette R. and Clarke, R. V. (2005) – Border enforcement: Organized crime and deaths of smuggled migrants on the United States-Mexico border, European Journal of Criminal Policy and Research, 11(2): 159-174.
Anecdotal evidence is presented in this article suggesting that smugglers' drive for profit often results in the abandonment and death of migrants. Implications for future border policing strategy and research are discussed.
The Human Rights Council of Australia (2012) – Abolish Foreignness 2012, 7 July, 2012.
This webpage collects information on deaths or missing people connected with Australian border controls or irregular travel to Australia by asylum seekers and migrants.
This table categorises reported SIEV deaths at four levels of veracity – confirmed, probable, doubtful and disproven. Between 1998 and 2011, the table indicates that there have been approximately 456 ‘confirmed’ deaths, 207-217 ‘probable’ deaths, 380 ‘doubtful’ deaths and 183 ‘disproven' deaths.
Jimenez, M. (2009) – Humanitarian crisis: Migrant deaths at the US-Mexico border, American Civil Liberties Council of San Diego and Imperial Counties, Mexico’s National Commission of Human Rights.
This report explores the use of binational strategies to protect the human rights of immigrants in the US-Mexico border region. The report describes the unacceptable human tragedy that takes place daily in this region.
Kevin, T. (2011) – The four lost SIEVs, Canberra, October 16, 2011.
This paper contains research relating to Suspected Irregular Entry Vessels deaths at sea and discusses the role of the Australian border protection system in seeking to prevent such deaths.
Nevins, J. (2003) – Thinking out of bounds: A critical analysis of academic and human rights writing on migrant deaths in the US Mexico Border region, Migraciones Internacionales, 2(2): 171-190.
Beyond the matter of migrant deaths, human rights concerns related to boundary and immigration enforcement also exist, which have important moral and political implications for academic and policy analysts concerned with the well-being of unauthorised immigrants. Before developing this line of analysis, however, the article provides a brief historical geographical overview of migrant deaths along the boundary.
Perera, S. (2006) – ”They give evidence”: Bodies, borders and the disappeared, Social Identities, 12(6): 637-656.
Beginning with the disappeared of the SIEV X sinking, euphemistically referred to in the recent Senate Inquiry as ‘A Certain Maritime Incident’, this essay examines how nameless bodies of the dead and disappeared are made present in contemporary Australia as evidence, as political bodies.
Spijkerboer, T. (2007) – The human cost of border control, European Journal of Migration and Law, 9(1): 127-139.
This article outlines the relationship between irregular immigration, increased border control, and the number of casualties at Europe’s maritime borders.
Weber, L. (2010) – Knowing-and-yet-not-knowing about European border deaths, Australian Journal of Human Rights [P], 15(2): 35-58, Australian Human Rights Centre, Sydney NSW Australia.
In this article the author acknowledges the efforts of NGOs to monitor and mourn the many deaths occurring at Europe’s physical, internal and external borders, and draw on post-Holocaust literature on moral exclusion and the sociology of denial to identify systemic processes that prevent these deaths from being recognised as large-scale human rights abuses.
Weber, L. and Pickering, S. (2011) – Globalisation and Borders: Death at the Global Frontier, Palgrave Macmillan.
This book draws parallels between border control polices and border related deaths of irregular migrants with a focus on Australia, Europe and the US.
Countries of origin
Maley, W. (2011) – Afghanistan in 2010: Continuing Governance Challenges and Faltering Security, Asian Survey, 51(1): 85–96.
This article provides insight into important events in Afghanistan in 2010 including cabinet changes, legislative elections, and several major international conferences that focused on its problems which have impacted on its national security situation.
Poppelwell, T. (2007) – Forced Migration Online Research Guide: Afghanistan.
This paper provides a historical overview of the prevalence of refugees from Afghanistan.
Safri, M., (2011) – The Transformation of the Afghan Refugee: 1979-2009, The Middle East Journal.
This article provides an overview of the transformation of the Afghan refugee to demonstrate that the refugee depends more on external factors rather than any fundamental change in the conditions structuring Afghan migration by examining the migration regime operating between Afghanistan, Pakistan, and Iran.
Aidani, M. (2010) – Welcoming the Stranger: Narratives of Identity and Belonging in an Iranian Diaspora, Altona, Common Ground.
The Iranian diaspora is large and dispersed, with about six million people estimated to have left Iran since 1979. This book gives voice to members of that diaspora. Their stories raise questions of identity, hospitality and displacement.
Aidani, M. (2010) – Existential Accounts of Iranian Displacement and the Cultural Meanings of Categories, Journal of Intercultural Studies, 31(2): 121-143.
This paper focuses on the Iranian Diaspora in Melbourne. It looks at linguistic categories of identity, and the way in which the individuals studied construct their identity outside of the “refugee” category used by government bureaucracy.
Aidani, M. (2011) – Iranian Poetic Testimonies of Revolution, Trauma and Displacement, Australian Feminist Studies, 26(69): 335-347.
This article looks at the forms of testimony used by the Iranian Diaspora in Australia to communicate their displacement and trauma in the wake of the 1979 revolution. The article focuses on the first wave of Iranian migrants, those who left immediately after the revolution.
Czarnowski, J. & Fliegenschnee, K. (2009) – An Interdisciplinary Approach to Complexity: Migratory Decisions of Iranians in Vienna, Forum: Qualitative Social Research, 10(3).
This paper addresses researchers' dealings with Iranian persons' stated motives to migrate in a multi-layered approach.
Harper, A. (2008) – Iraq’s refugees: ignored and unwanted, International Review of the Red Cross.
The article provides a brief overview of the scale and characteristics of Iraq’s refugee population as well as their protection and assistance needs in asylum countries, including Australia.
Hoffman, S. (2010) – Fear, insecurity and risk: refugee journeys from Iraq to Australia, PhD thesis, Murdoch University, Perth.
This study explores the experiences of Iraqi refugees as they made their way from the Middle East region across south-east Asia to Australia during the period 1999 to 2001.
Ihsanoglu, E. (2007) – Assessing the human tragedy in Iraq, International Review of the Red Cross, 89(868): 915-927.
This article analyses the human tragedy in Iraq and shows that the war has led to the loss of lives and social capital, and has destroyed the Iraqi infrastructure which has then substantially lowered the quality of life, led to the inability to provide essential services and renders state-building activities even more difficult.
Nickerson, A., Bryant, R.A., Brooks, R., Steel, Z. & Silove, D. (2009) – Fear of cultural extinction and psychopathology among Mandaean refugees: an exploratory path analysis, CNS Neuroscience and Therapeutics, 15(3): 227-236.
This paper looks at fear of cultural extinction amongst Iraqi Mandaean refugees living in Australia. It argues that small, endangered groups should be reunited in order to sustain cultural traditions.
Nickerson, A., Bryant, R.A., Steel, Z., Silove, D. & Brooks, R. (2010) – The impact of fear for family on mental health in a resettled Iraqi refugee community, Journal of Psychiatric Research, 44(4): 229-235.
This paper presents the results of research investigating the mental health of Mandaean refugees from Iraq living in Sydney. The research found a greater level of mental health instability amongst participants who had immediate family in Iraq.
Samaraie, N. A. A. (2007) – Humanitarian implications of the wars in Iraq, International Review of the Red Cross, 89(868): 929-942.
Going beyond the direct victims of the conflict, this article deals with the daily problems faced by Iraqi society, namely the lack of security in terms of housing, education and health care, as well as protection for the more vulnerable such as women and children.
Destradi, S. (2012) – India and Sri Lanka’s Civil War: The Failure of Regional Conflict Management in South Asia, Asian Survey, 52(3): 595–616.
This article focuses on India’s relationship with Sri Lanka in examining why a regional power failed to manage a conflict in its immediate neighbourhood.
Hellmann-Rajanayagam, D. (2007) – Drawing in Treacle: Mediation Efforts in Sri Lanka, 1983 to 2007, Internationales Asien Forum, International Quarterly for Asian Studies.
The article traces the many and varied attempts to come to grips with the problems between the Sinhalese and the Tamils that have been variously defined for over sixty years: as linguistic, religious, ethnic conflicts.
Missbach, A. and Sinanu, F. (2011) – ‘The Scum of the Earth’? Foreign people smugglers and their local counterparts in Indonesia, Journal of Current Southeast Asian Affairs, 30(4): 57-87.
This paper provides an analysis of the transit route between Indonesia and Australia, focusing on the economy of people smuggling as a response to the needs of desperate asylum seekers stranded in Indonesia. It investigates how people smuggling works in a practical sense in Indonesia.
Missbach, A. (2012) – Easy pickings: The plight of asylum seekers in Indonesia, Asian Currents: The Asian Studies Association of Australia, June-July 2012.
This article details the situation of asylum seekers in Indonesia, and explains their vulnerability to exploitation both at the hands of people smugglers and corrupt local authorities.
Taylor, J. (2009) – Behind Australian Doors: Examining the Conditions of Detention of Asylum Seekers in Indonesia, behindaustraliandoors.wordpress.com
This paper discusses the poor conditions faced by refugees in detention in Indonesia, including from the perspective of those wishing to travel to Australia.
Taylor S. and Rafferty-Brown, B. (2010) – Difficult Journeys: Accessing Refugee Protection in Indonesia, Monash University Law Review, 36(3): 138-161.
This article describes and discusses the difficulties experienced by asylum seekers in Indonesia in obtaining access to UNHCR’s refugee status determination process and obtaining recognition of refugee status.
Taylor, S. and Rafferty-Brown, B. (2010) – Waiting for Life to Begin: The Plight of Asylum Seekers Caught by Australia’s Indonesian Solution, International Journal of Refugee Law, 22(4): 558-592.
This article reports the findings of a research project examining the impact on asylum seekers and refugees of Australia’s border control cooperation with Indonesia.
Taylor, S. (2010) – Australian Funded Care and Maintenance of Asylum Seekers in Indonesia and PNG: All Care but No Responsibility? UNSW Law Journal, 33(2): 337-359.
This article considers Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights towards asylum seekers apprehended by interception and care arrangements that Australia has in place in Indonesia and PNG.
Crisp, Jeff. (2000) – A State of Insecurity: The Political Economy of Violence in Kenya’s Refugee Camps. African Affairs 99:601.
This article focuses on three related issues: the political economy of the Kenyan state; the manner in which the government and other actors have sought to manage the country’s refugee situation; and the characteristics and circumstances of the refugees themselves.
Crisp, J., Obi, N. and Umlas, L. (2012) – But when will our turn come? A review of the implementation of UNHCR’s urban refugee policy in Malaysia, United Nations High Commissioner for Refugees Policy Development and Evaluation Service, May.
Malaysia is home to one of the largest urban refugee populations in the world. As of mid-2011, more than 94,000 refugees and asylum seekers were registered with UNHCR in Malaysia, with many more (at least 10,000) not yet registered. This paper reviews the UNHCR’s urban refugee policy in Malaysia.
Nah, A. M. (2010) – Refugees and space in urban areas in Malaysia, Forced Migration Review: 29-31.
This publication discusses UNHCR’s ability to intervene to protect a person of concern to them (refugees) established through negotiation with law enforcement agencies which is subject to change, sometimes at the whim of individuals holding key positions.
Selvamalar, A. (2010) – Challenges Faced by Women Refugees in Initiating Entrepreneurial Ventures in a Host Country: Case Study of UNHCR Women Refugees in Malaysia, Asian Journal of Business and Management Sciences, 1(3): 85-96.
This research paper addresses two major challenges faced by women refugees in Malaysia; firstly, challenges faced as a refugee in a host country, and secondly, challenges faced in initiating an entrepreneurial venture in an adverse environment.
Stanslas, P.J. (2010) – Transborder Human Trafficking in Malaysian Waters: Addressing the Root Causes, Journal of Maritime Law and Commerce, 41(4): 595-606.
This publication looks at trafficking of foreign nationals into Malaysia either on a transit passage (including en route to Australia) or destination route. The publication also studies the structural factors of human trafficking with a specific focus on the nexus between international migration and human trafficking. The former remains a major challenge to maritime security and national stability.
Rajabali, A., Moin, O., Ansari, A.S., Khanani, M.R., and Ali, S.H. (2009) – Communicable disease among displaced Afghans: refuge without shelter, Microbiology, 7(8): 609-614.
This article discusses the prevalence of transmissible infection, modes of transmission, associated risk factors, and the state of health and health care in the displaced Afghan population, particularly in Pakistan and Afghanistan, but also in reference to Afghan refugee populations in Australia.
Refugee settlement in Australia
Bond, L., Giddens, A., Cosentino, A., Cook, M., Hoban, P. (2007) – Changing cultures: enhancing mental health and wellbeing of refugee young people through education and training, Promotion and Education, 14(3): 143-149.
This paper describes the Changing Cultures Project, a three-year project, which explored models of appropriate and accessible education and training for refugee and newly arrived young people in Australia that would enhance their mental health.
Browne, Peter. (2006) – The Longest Journey: Resettling Refugees from Africa, Sydney, UNSW Press.
Over the past five years more than 25,000 Africans have arrived in Australia under the federal government’s humanitatian resettlement program, this book explores that journey.
Casimiro, S., Hancock, P, Northcote, J. (2007) – Isolation and Insecurity: Resettlement Issues Among Muslim Refugee Women in Perth, Western Australia, Australian Journal of Social Issues,55-69.
This qualitative study explores resettlement issues of Muslim refugee women during their first five years of arrival in Perth, Australia where identified problems include poor English language competency, securing employment and accommodation, and gender-specific problems.
Colic-Peisker, V. (2009) – Visibility, settlement success and life satisfaction in three refugee communities in Australia, Ethnicities, 9(2): 175–199.
This article explores settlement experiences of three refugee populations – ex-Yugoslavs, black Africans and people from the Middle East – who recently (1990s–2000s) arrived in Western Australia.
Dandy, J. (2009) – Refugee and Migrant Integration: Examining the discourse of the dominant, Tamara Journal of Critical Organisation Inquiry, 225-233.
This paper discusses the limitations of refugee and immigration settlement in the context of an interactive acculturation framework, with particular emphasis on research that examines host community perspectives on refugee and immigrant settlement in Australia.
DIAC (2012) – Humanitarian Program Outcomes for 2010-11, Canberra: Department of Immigration and Citizenship.
A comprehensive breakdown by numbers and charts, of the 2010-2011 Australian Humanitarian Program.
Dudley, M., Steel, Z., Mares, S., Newman, L. (2012) – Children and young people in immigration detention, Current Opinion in Psychiatry, 25(4): 285-292.
With an increase in the number of adults and children seeking asylum across the globe, this article seeks to review evidence about the impact of immigration detention and other restrictive immigration policies on the mental health of children, young people and the adults who care for them.
Giglio, S.D., Greenacre, L.E., Horowitz, L.S., Lusher, D., McPherson, M, and Saalmann, Y.B (2011) – Marginal Women, Marginal Rights: Impediments to Gender-Based Persecution Claims by Asylum-seeking Women in Australia, Journal of Refugee Studies, 24(2): 323-347.
This article is concerned with the means by which women’s experiences of violence remain invisible or discounted in asylum law and practice.
Hobfoll, SE., Watson P., Bell CC., et al. (2007) – Five Essential Elements of Intermediate and Mid-Term Mass Trauma Intervention: Empirical Evidence, Psychiatry, 70(4):283-315.
A worldwide panel of experts, on the study and treatment of those exposed to disaster and mass violence, identified five empirically supported intervention principles that should be used to guide and inform intervention and prevention efforts at the early to mid-term stages.
Hugo, G. (2011) – A Significant Contribution: the Economic, Social and Civic Contributions of First and Second Generation Humanitarian Entrants, Canberra: Department of Immigration and Citizenship.
This research examines what are the economic, social and civic contributions to Australia of first and second generation Humanitarian Program entrants by the analysis of Census data, interviews with families and in-depth discussions with organisations such as employment, education and refugee service providers.
Johnston, V., Vasey, K. and Markovic, M. (2009) – Social policies and refugee resettlement: Iraqis in Australia, Critical Social Policy, 29(2): 191-215.
This paper provides an analysis of two Australian national social policies including temporary protection and regional resettlement of refugees, to demonstrate how official Australian government policies may negatively affect the integration experience of new Iraqi refugee arrivals.
Karlsen, E. (2011) – Refugee settlement to Australia: What are the facts?, Parliament of Australia, Department of Parliamentary Services, Law and Bills Digest Section.
This paper discusses Australia’s resettlement rate of refugees and the origin of resettled refugees in Australia.
Lamb, C.E., Whelan, A.K., Michaels, C. (2009) – Refugees and oral health: lessons learned from stories of Hazara refugees, Australian Health Review: 618-627.
This qualitative study gained access to Hazara refugees in order to gain an understanding of their oral health experiences and to seek participant views on factors that impacted on their oral health status.
McKay, FH., Thomas, SL., Kneebone, S. (2011) – It Would be Okay If They Came through the Proper Channels: Community Perceptions and Attitudes toward Asylum Seekers in Australia, Journal of Refugee Studies.
With the recent tragedy on Christmas Island, debate continues to grow on the arrivals of asylum seekers by boat. This study aims to gain understanding of community perceptions and attitudes surrounding asylum seekers influenced by the interplay of traditional and Australian values and norms.
McKay, FH., Thomas, SL., Blood, RW. ( 2011) – Any one of these boat people could be a terrorist for all we know! Media representations and public perceptions of ‘boat people’ arrivals in Australia, Journalism, 12(5):607-26.
This paper investigates the media representation of the ‘SIEV 36’ incident that occurred in 2009 when a boat, named the ‘SIEV 36’ by the Australian Navy, carrying 49 asylum seekers exploded off the north coast of Australia and the public responses to media reports through online news fora.
McKay, FH., Thomas, SL., Holland, K., Blood, RW., Kneebone, S. (2011), AIDS Assassins: Australian Media’s Portrayal of HIV-Positive Refugees Who Deliberately Infect Others, Journal of Immigrant & Refugee Studies, 9(1):20-37.
A study that focuses on two men with refugee backgrounds and the Australian mass media representation of refugees who are HIV positive.
McPherson, M. (2010) – I Integrate, Therefore I Am: Contesting the Normalizing Discourse of Integrationism through Conversations with Refugee Women, Journal of Refugee Studies, 23(4): 546-570.
This article contests the representation of resettled migrants and refugees as problematic, deficient and in need of changing by interviews with refugee women in Australia.
Nickerson, A., Bryant, R.A., Brooks, R., Steel, Z., Silove, D. & Chen, J. (2010) – The familial influence of loss and trauma on refugee mental health: a multilevel path analysis, Journal of Traumatic Stress, 24(1): 25-33.
This paper looks at the relationship between loss, trauma and mental health at the individual and family levels amongst Mandaean refugees.
Nickerson, A., Bryant, R., Silove, D. & Steel, Z. (2011) – A critical review of psychological treatments of posttraumatic stress disorder in refugees, Clinical Psychology Review, 31(3): 399-417.
This article provides a critical review of two contrasting approaches generally employed in the field of refugee mental health. It highlights a lack of research into PTSD in refugees when compared to other traumatised populations.
Pedersen, A., Watt, S., & Hansen, S. (2006) – The role of false beliefs in the community’s and the federal government’s attitudes toward Australian asylum seekers, Australian Journal of Social Issues, 41(1): 105-124.
The authors found that people who were prejudiced against asylum seekers tended to accept information that was factually incorrect (“false beliefs”). These beliefs were mirrored in the public statements of politicians.
Pedersen, A., Griffiths, B., & Watt, S. (2008) – Attitudes toward outgroups and the perception of consensus: All feet do not wear one shoe, Journal of Community and Applied Social Psychology, 18: 543–557.
This paper reports the findings of a study which found that people who were prejudiced against marginal groups, specifically asylum seekers and Indigenous Australians, were more likely to over-estimate support for their attitudes in the community. This is concerning because people who believe that their views are consensually shared are more likely to be vocal about expressing their attitudes. Thus, those people who “shout the loudest” and with the most prejudice are unlikely to be representative of the Australian community. The paper discusses how these findings might contribute to programs designed to reduce prejudice.
Pedersen, A., Kenny, M.A., Briskman, L., & Hoffman, S. (2008) – Working with Wasim: A convergence of community, The Australian Community Psychologist, 20: 57-72.
Using the case study of stateless asylum seeker Wasim, this paper looks at the role of the Australian community in allowing the hard-line treatment of asylum seekers by the Howard federal government, and the converse role of the Australian community in influencing change in some aspects of this treatment, such as TPVs. The authors use an ecological framework and argue that communities are not helpless when attempting to address situations such as this.
Pedersen, A. & Fozdar, F. (2010) – Refugee without refuge: Wasim, Phillip Adams, and a nation divided, Journal of Pacific Rim Psychology, 4: 7-18.
This study follows on from previous work (Pedersen et al., 2008) which examined the situation of asylum seeker Wasim. A blog discussion stemming from an editorial by Phillip Adams (2008) about Wasim was analysed. The discussion demonstrates, in microcosm, the divided attitudes of Australians regarding asylum seekers.
Pedersen, A., Paradies, Y., Hartley, L. & Dunn, K.M. (2011) – Bystander anti-prejudice: Cross-cultural education, links with positivity towards cultural ‘outgroups’ and preparedness to speak out, Journal of Pacific Rim Psychology, 5: 19-30.
This paper describes a 12-week intervention targeting positivity towards asylum seekers, Indigenous Australians and Muslim Australians, and looking at bystander activism in certain scenarios. The paper shows that attitudes are not fixed, and that prejudice against asylum seekers can be significantly reduced.
Pedersen, A., Fozdar, F., & Kenny, M. A. (2012) – Battling boatloads of prejudice: An interdisciplinary approach to activism with asylum seekers and refugees in Australia, in D. Bretherton & N. Balvin (eds.), Peace Psychology in Australia, pp. 121-137, New York, Springer Science+Business Media.
This chapter discusses and counters four common false beliefs about asylum seekers, noting that these myths are often found in political rhetoric. The authors argue for an interdisciplinary approach to advocacy regarding asylum seekers and the need to address both micro and macro issues.
Richardson, R. (2010) – Sending a Message?: Refugees and Australia’s Deterrence Campaign, Media International Australia, Incorporating Culture & Policy, No. 135: 7-18.
This article challenges the key justification behind many of Australia’s immigration policies — that they"‘send a strong messag"’ to potential irregular migrants and people smugglers.
Silove, D., Byrant, R. (2006) – Rapid assessments of mental health needs after disasters, Journal of American Medical Association, 296(5):576-578.
An article discussing mental health among survivors of disasters in developing countries, paying attention to more work needing to be done in understanding and treating post traumatic stress disorder.
Steel, Z., Silove, D., Phan, T., Bauman, A. (2002) – Long-term effect of psychological trauma on the mental health of Vietnamese refugees resettled in Australia: a population-based study, Lancet, 360:1056-1062.
In a population-based study, from a sample of 1413 adult Vietnamese from census collection areas in Sydney, Australia, the long-term effects of trauma on mental health and disability in Vietnamese refugees resettled in Australia was studied.
Steel Z, Liddell BJ, Bateman Steel C, Zwi A. (2011) – Global Protection and the Health Impact of Migration Interception, PLoS Medicine, 8(6):e1001038.
This article explores the international immigration policy, highlighting the impact of immigration interception practices on public health.
Sulaiman-Hill, Cheryl M.R. and Thompson, Sandra C. (2011) – Sampling challenges in a study examining refugee resettlement, BMC International Health and Human Rights, 11(2): 1-10.
The aim of this paper is to outline challenges with sampling and recruitment of socially invisible refugee groups, describing the method adopted for a mixed methods exploratory study assessing mental health, subjective wellbeing and resettlement perspectives of Afghan and Kurdish refugees living in New Zealand and Australia.
Sulaiman-Hill, Cheryl M.R. and Thompson, Sandra C. (2010) – Selecting instruments for assessing psychological wellbeing in Afghan and Kurdish refugee groups, BMC Research Notes 2010, Number 3.
The purpose of this research note is to describe the instrument selection for this study assessing mental health and psychological well being with Afghan and Kurdish former refugees in Australia and New Zealand, in particular to address linguistic considerations and translated instrument availability.
Sypek, S., Clugston, G., Phillips, C. (2008) – Critical health infrastructure for refugee resettlement in rural Australia: Case study of four rural towns, Australian Journal of Rural Health 16(6): 349–354.
This article aims to explore the reported impact of regional resettlement of refugees on rural health services, and identify critical health infrastructure for refugee resettlement.
This paper sets out ten key areas in which UNHCR has an interest and a potential role to play, and where the Office believe initiatives are called for and could make a positive impact.
Temporary protection and temporary protection visas
Esmaeili, H. and Carlton, S. (2007) – Safe to go home? The implications of the High Court decision for Afghan and Iraqi temporary refugees, MIMIA v QAAH of 2004, Alternative Law Journal, 32(2).
This article reviews the TPV background leading up to the High Court’s decision concerning the application of IC(5) of the Convention Relating to the Status of Refugees, and its impact on Iraqi and Afghan temporary refugees in Australia.
Furneaux, S. and Cook, K. (2008) – The Experience of Temporary Protection and the Resettlement of Refugees within a Socio-political Context, Just Policy: A Journal of Australian Social Policy, Issue 47: 6-13.
This article provides an analysis of the social and political processes that shape TPV holders' resettlement experiences in Australia.
Mansouri, F. and Leach, M. (2009) – The Evolution of the Temporary Protection Visa Regime in Australia, International Migration, 47(2): 101-126.
This paper focuses on the wider and more controversial changes in the use of temporary protection mechanisms that were to follow with the introduction of the TPV in 1999, which offered substitute protection for individually assessed Convention refugees who had arrived onshore without valid travel documents.
Mansouri, F., Leach, M. and Nethery, A. (2009) – Temporary Protection and the Refugee Convention in Australia, Denmark, and Germany, Refuge, 26(1): 135-147.
This paper reports on a comparative study of temporary protection (TP) mechanisms in Australia and selected European jurisdictions.
Mansouri, F. and Cauchi, S. (2006) – The Psychological Impact of Extended Temporary Protection, Refugee Diasporas and Transnationalism, 23(2): 81-94.
Against the background of the recent international trend of a greater reliance on deterrence measures in managing the flow of asylum seekers, this paper discusses the implementation of the temporary protection visa (TPV) in Australia.
Mansouri F., Leach, M., and Traies, S. (2006) – Acculturation Experiences of Iraqi Refugees in Australia: The Impact of Visa Category, Journal of Intercultural Studies, 27(4): 393 -412
This paper examines the acculturation challenges facing Iraqi refugees in Australia, and the impact of humanitarian visa category.
Nickerson, A., Steel, Z., Bryant, R., Brooks, R. & Silove, D. (2011) – Change in visa status amongst Mandaean refugees: Relationship to psychological symptoms and living difficulties, Psychiatry Research, 187:267-274.
To dissuade asylum seekers from seeking protection in Western countries the use of detention and temporary visas have been widely implemented. The impact of this on the mental health of 97 Mandaean refugees resettled in Australia is considered in this article.
Pugliese, J. (2004) – The incommensurability of law to justice: Refugees and Australian Temporary Protection Visa, Law and Literature, 16(3): 285-311.
This article examines the effects of Australia’s Temporary Protection Visa regime on the lives of refugees and asylum seekers.
Smith, R. (2004) – Outsourcing Refugee Protection Responsibilities: The Second Life of an Unconscionable Idea, Journal of Transnational Law and Policy 14(1):137-151.
This article looks into the fact that for the second time in a decade a serious proposal has been put forward suggesting nations be allowed to pay other countries to take genuine refugees off their hands rather than honor their obligations to provide asylum within their borders.
Steel, Z., Silove, D, Brookes, R., Momartin, S., Bushra, A and Susljiki, I. (2006) – Impact of immigration detention and temporary protection on the mental health of refugees, The British Journal of Psychiatry, Vol. 188: 58-64.
This article investigates the longer-term mental health effects of mandatory detention and subsequent temporary protection on Mandaean refugees arriving in Sydney, Australia from Iran and Iraq.
Sweet, M. (2007) – Call for action on asylum seekers' health, Australian Nursing Journal, 14(9): 16-18.
This article has a focus on Mr Zachary Steel, a clinical psychologist at the University of NSW who has documented the detrimental effects of detention and temporary protection visas on mental health.
Taylor, S. (2005) – The Human Rights Implications of the Psycho-Social Harm Caused by Australia’s Temporary Protection Regime, Australian Journal of Human Rights, 11(1):233-261.
It is argued in this article that Australia’s temporary protection regime is flawed because it is not designed to ensure that the psychosocial harm that temporary status inflicts on an individual will never be so great as to amount to, ‘cruel, inhuman or degrading treatment’ within the meaning of art 7 of the International Covenant of Civil and Political Rights (ICCPR).
Afeef, K. F. (2006) – The Politics of Extraterritorial Processing: Offshore Asylum Policies in Europe and the Pacific, RSC Working Paper No. 36, Refugee Studies Centre, University of Oxford.
This paper seeks to illustrate the legal and human rights-centred debates on extraterritorial asylum policies in order to develop a social and political understanding of this phenomenon in Europe and the Pacific, including Australia.
Basaran, T. (2008) – Security, Law, Borders: Spaces of Exclusion, International Political Sociology, 2(4): 339–354.
This article analyses the legal constitution of border zones, including Australia, and argues that security is not exceptional in its constitution but results from ordinary law and practices. Australian offshore border zones, illustrates how the territory of third countries can be used to establish border zones.
Bem, K., Field, N., Maclellan, N., Meyer, S., Morris, Dr. Tony (2007) – A price too high: the cost of Australia’s approach to asylum seekers: The Australian Government’s policy of offshore processing of asylum seekers on Nauru, Manus Island and Christmas Island, Oxfam Australia and Oxfam Novib.
This report analyses the costs of the policy known as the “Pacific Solution” and critiques government claims that the policy is an efficient and effective means of achieving refugee protection and immigration control.
Blay, S., Burn, J., and Keyzer, P. (2007) – Interception and Offshore Processing of Asylum Seekers: The International Law Dimensions, UTS Law Review, Vol. 9: 7-25.
This article offers a discussion of strategies (including offshore processing) used by States to regulate the admission of asylum seekers into their territories.
Francis, A.J. and Caton, S. (2011) – Access to protection for ‘Offshore Entry Persons’ aka asylum seekers, Alternative Law Journal, 36(3): 172-176.
This article analyses developments in Australia’s migration legislation in regards to offshore processing in light of Australia’s international protection obligations, as well as considering the practical obstacles that continue to confront offshore entry persons as they pursue judicial review of adverse refugee status determinations after the High Court’s decision.
Francis, A. (2008) – Bringing Protection Home: Healing the Schism Between International Obligations and National Safeguards Created by Extraterritorial Processing, International Journal of Refugee Law, 20(2): 273-313.
Using the example of Australia’s recent disbandment of its extraterritorial processing centres in third countries, this article highlights the fact that extraterritorial processing schemes have proven unworkable as a matter of international law, as they negate the national safeguards fundamental to the satisfaction of a state’s protection obligations.
Kneebone, S. (2006) – The Pacific Plan: The Provision of ‘Effective Protection’?, International Journal of Refugee Law, 18(3-4): 696-721.
This article examines whether the Australian model of extraterritorial processing is one that provides ‘effective protection’ to asylum seekers.
Lowes, S. (2012) – The Legality of Extraterritorial Processing of Asylum Claims: The Judgment of the High Court of Australia in the ‘Malaysian Solution’ Case, Human Rights Law Review, 12(1): 168-182.
This article examines the High Court’s decision in what has become known as the ‘Malaysian Solution’ case where two of the affected asylum seekers brought proceedings in the High Court of Australia challenging the lawfulness of the Minister’s declaration with respect to Malaysia.
Marr, D. and Wilkinson, M. (2003) – Dark victory, Sydney, Allen & Unwin.
This book provides an inside account of the Tampa, the Children Overboard affair and the Pacific Solution.
Penovic, T. and Dastyari, A. (2007) – Boatloads of Incongruity: The Evolution of Australia’s Offshore Processing Regime, Australian Journal of Human Rights, 13(1): 33-61.
This article examines the evolution of Australia’s offshore processing regime with reference to its objectives, its consequences and its ramifications for Australia’s performance of its human rights obligations under international law.
Taylor, S. (2007) – Australia’s Pacific Solution Mark II: The Lessons to Be Learned, University of Technology Sydney Law Review, Vol. 9: 106-124.
This article considers the lessons to be learned about Australian asylum seeker policy from the introduction into federal parliament of the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 and from its subsequent withdrawal.
Taylor, S. (2008) – Offshore barriers to asylum seeker movement: The exercise of power without responsibility?, in J. McAdam (ed.) Forced migration, human rights and security, pp. 93-127, Oxford, Hart Publishing.
This chapter considers whether the interception in overseas airports of individuals who are attempting to travel without valid authorisation to the territory of an intercepting State engages that State’s non-refoulement obligations.
Deterrence and asylum seekers/refugees
Ager, Alistair., (1999) – Refugees: Perspectives on the Experience of Forced Migration, London, Pinter.
This volume brings together senior authors from a range of disciplinary backgrounds to analyse the key forces that shape the contemporary experience of forced migration.
Andreas, P. (2001) – Border games, London, Cornell University Press.
With a focus on policing the U.S.-Mexico border, this book places the continued sharp escalation of border policing in the context of a transformed post-September 11 security environment.
Andres, P. (2010) – The politics of illicit flows and measuring policy effectiveness, in P. Andreas and K. Greenhill (eds), Sex, drugs and body counts, New York, Cornell University Press.
The ten scholarly papers in Sex, Drugs and Body Counts explore the generation and propagation of numbers that drive policy decisions in the U.S. government regarding human trafficking, drug trade, and armed conflict (including the war on terror).
Briskman, L., Latham, S. and Goddard, C. (2008) – Human Rights Overboard : seeking asylum in Australia, Scribe.
This book draws together the spoken testimony and written submissions from the ‘People’s Inquiry into Detention in Australia’, in a powerful and vital book that stands as an indictment of Australia’s refugee policy.
Crock, M.E. (2010) – First Term Blues: Labor, Refugees and Immigration Reform,Sydney Law School Research Paper No. 10/43.
With continuing arrival of boats carrying asylum seekers, problems in the foreign student program and backlogs in skilled migration combined, this article reflects on the extent to which Labor has delivered on undertakings made during the campaign of 2007 and those other areas where reform has been slow and opportunities for real change have been squandered in relation to Australia’s immigration policy.
Crock, M.E. (2010) – Alien Fears: Politics and Immigration Control, Dialogue, 29(2): 20-30.
This article critiques key aspects of policies introduced to deter and contain these people – namely mandatory detention, temporary protection visas and offshore processing.
Crock, M. and Ghezelbash, D. (2010) – Do Loose Lips Bring Ships? The Role of Policy, Politics and Human Rights in Managing Unauthorised Boat Arrivals, Griffith Law Review, 19(2): 238-287.
This article explores the phenomenon of asylum seekers and irregular migrants presenting as ‘boat people’ by evaluating the key aspects of policies introduced to deter and contain these people – namely mandatory detention, temporary protection visas and offshore processing.
Fleay, C. and Briskman, L. (2011) – The Hidden Men: A Report to the Minister for Immigration and Citizenship on Visits to the Curtin Immigration Detention Centre
This report documents the findings of five visits to the Curtin Immigration Detention Centre in northwest Australia and concludes that detaining people indefinitely over long periods of time leads to despair and mental health issues.
Grewcock, M. (2009) – Border Crimes: Australia’s War on Illicit Migrants, Sydney, Institute of Criminology Press.
This book examines the conceptualisation of the policies as state crime through an illuminating policy, historical and legal journey that links past and present approaches to unauthorised arrivals and the fear that this has always engendered.
Hudson-Rodd, N. (2009) – Australia Limits Refuge for the Refugee, Tamara Journal of Critical Organisation Inquiry, 8(1-2):186-205.
This article looks at Australia’s laws to control the movement of asylum seekers in conflict with international human rights conventions, including prevention of their access to Australia while choosing a quota driven number of people from refugee camps and mandatory detention on arrival.
Huysmans, J. (1995) – Migrants as a security problem: Dangers of “securitizing” societal issues, in R. Miles and D Thranhardt (eds), Migration and European integration, London, Pinter.
This collection offers a theoretical perspective on the processes of migration and integration, examining in particular the dynamics of inclusion and exclusion, the nature of citizenship, and the place of the European Community in the world economy and its consequences for international migration flows.
Nevins, J. (2010) – Operation Gatekeeper and beyond, 2nd edition, New York, Routledge.
This book presents the “case” of increasing economic integration and liberalisation along with growing immigration control, the US / Mexico Border and its history is put in a wider global context of similar developments elsewhere.
Newman, L. K., Dudley, M. and Steel, Z. (2008) – Asylum, Detention and Mental Health in Australia, Refugee Survey Quarterly, 27(3): 110-127.
Australia responded to the increase in asylum-seekers reaching its shores through politics of deterrence, the cornerstone of which was arbitrary and (potentially) indefinite mandatory detention of all so-called “unauthorised” arrivals, which was introduced in 1992. This article examines the significant negative impact which mandatory detention has had on asylum-seekers’ mental health and well-being.
Pickering, S. (2004) The production of sovereignty and the rise of transversal policing: People-smuggling and federal policing, Australian and New Zealand Journal of Criminology, 37(3): 362-379.
This article addresses the Australian federal border-policing effort that has contributed to policing out the refugee.
Pickering, S. (2004) – Border terror: policing, forced migration and terrorism, Global Change, Peace and Security, 16(3): 211-226.
This article examines the discursive resources underpinning border‐policing efforts against refugees and terrorism, and the repercussions for the law enforcement apparatus, including in the Australian context.
Pickering, S. (2005) – Refugees and state crime, Sydney, Federation Press
In the aftermath of WWII, being a refugee involved discussion of human rights and protection rather than developing processes of criminalisation and law enforcement. This book documents how this has changed where refugees and asylum seekers are dressed in the clothes of criminals, and national sovereignty has become the focus of the response of the Global North to forced migration.
Robjant K., Hassan R., Katona C. (2009) – Mental health implications of detaining asylum seekers: systematic review, British Journal of Psychiatry, 194:306-312.
This review aims to investigate the impact of immigration detention on the mental health of children, adolescents and adults, identified by a systematic search of databases and a supplementary manual search of references.
Steel Z., Momartin S., Bateman C., Hafshejani A., Silove D. (2007) – Psychiatric status of asylum seeker families held for a protracted period in a remote detention centre in Australia, Australian and New Zealand Journal of Public Health, 28(6):527-536.
The psychiatric status of children and their families from one ethnic group held for an extended period of time (more than two years) in a remote immigration detention facility in Australia is examined in this article.
Steel, Z., Momartin, S., Silove, D., Coello, M., Aroche, J., and Tay, K.W. (2011) – Two year psychosocial and mental health outcomes for refugees subjected to restrictive or supportive immigration policies, Social Science and Medicine, 72(7): 1149–1156.
This paper presents the findings of a longitudinal survey over 2 years commencing in 2003 of 104 consecutive refugees from Iran and Afghanistan released from immigration detention on TPVs and others granted permanent protection visas prior to entering Australia within the context of Australia’s immigration policies that aim to limit the flow of asylum seekers.
Weber, L. (2007) – Policing the Virtual Border: Punitive Preemption in Australian Offshore Migration Control, Social Justice, 34(2): 77-93.
This article analyses border control measures that extend Australia’s border outwards to preempt the arrival of asylum-seekers and other illegalised travellers.
International refugee law (Australia)
Albert, M. (2010) – Governance and Prima Facie Refugee Status Determination: Clarifying the Boundaries of Temporary Protection, Group Determination, and Mass Influx, Refugee Survey Quarterly, 29(1): 61-91.
Prima facie refugee status determination is a term which commentators from academia, practice, and United Nations High Commissioner for Refugees often conflate with terms such as temporary protection, group determination, and mass influx. This article explores literature on the practice of prima facie refugee status determination to identify its unifying features, and to distinguish its boundaries.
Bostock, C.M. (2002) – The international legal obligations owed to the asylum seekers on the MV Tampa, International Journal of Refugee Law, 14(2-3): 279-301.
This article explores the international legal obligations owed to the asylum seekers and argues that although Indonesia and Norway had certain responsibilities to the asylum seekers, Australia was in a better position to assist. This Article concludes that although the Australian government complied with Article 33 of the Refugee Convention, its actions raise serious concerns relating to its obligations under customary international human rights and refugee law.
Crock, M., Saul, B. and Dastyari, A. (2006) – Future Seekers II: Refugees and Irregular Migration in Australia, The Federation Press.
This book provides an analysis of how Australian law and practice continues to evolve with regard to asylum seekers, refugees and migrants.
Edwards, A. (2005) – Human rights, refugees, and the right ‘to enjoy’ asylum, International Journal of Refugee Law, 17(2):293-293.
In analysing the interface between international refugee law and international human rights law, this article looks at the right to family life and the right to work. Through this examination, content and meaning is offered to the almost forgotten component of the right ‘to enjoy’ asylum in Article 14(1) of the Universal Declaration of Human Rights 1948.
Every, D., and Augoustinos, M. (2008) – ‘Taking advantage’ or fleeing persecution? Opposing accounts of asylum seeking, Journal of Sociolinguistics, 12(5): 648-667.
This paper analyses how advocates oppose negative rhetoric used to present asylum seekers as economic migrants ‘taking advantage’ of soft laws in order to re-categorise asylum seekers as potential refugees, and establishing Australia as legally and morally responsible for providing protection.
Foster, M. (2007) – International refugee law and socio-economic rights: Refuge from deprivation, Cambridge University Press.
This book identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative interpretation of the Refugee Convention, consistent with correct principles of international treaty interpretation.
Foster, M. (2007) – Protection elsewhere: The legal implications of requiring refugees to seek protection in another state, Michigan Journal of International Law 28: 223-286.
In response to the increasing popularity of deflection and responsibility-sharing schemes (both adopted and proposed), a number of attempts have been made to outline the factors that should be taken into account in assessing whether to send refugees to third states.
Foster, M. (2008) – Responsibility sharing or shifting? ‘Safe’ third countries and international law, Refuge, 25: 64-78.
This article assesses the legality at international law of ‘protection elsewhere’ policies, that is, policies whereby responsibility for refugees is transferred between states such as in the US-Canada Safe Third Country Agreement.
Foster, M. (2009) – Refugee Law in I. Freckelton SC, H. Selby (ed), Appealing to the Future: Michael Kirby and His Legacy, 685-719.
Foster, M. (2009) – Non-Refoulement on the basis of socio-economic deprivation: The scope of complementary protection in international human rights law, New Zealand Law Review, 257-310.
This article uses the exclusion on socio-economic grounds proposed in the Immigration Bill 2007 as a method of testing the scope of complementary protection in international law.
Foster , M. and Pobjoy, J. (2011) – A failed case of legal exceptionalism? Refugee status determination in Australia’s ‘excised’ territory, International Journal of Refugee Law, 23(4): 583-631.
This article analyses one of the most blatant attempts at creating a zone of exception in recent times, namely, the creation of more than 4,891 excised places in Australia in which the ordinary safeguards enshrined in the onshore domestic system of refugee protection were intended to be excluded.
Hathaway, J. and Neve, A. (1997) – Making International Refugee Law Relevant Again: A Proposal for Collectivized and Solution-Oriented Protection, Harvard Human Rights Journal, 10:115.
While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants.
Hathaway, J. (2007) – Why refugee law still matters, Melbourne Journal of International Law, 8(1): 89-103.
This paper explores common misinterpretations of international refugee law, regarding both Governmental obfuscation and advocates absolutism. It also reinvigorates international refugee law regarding the refugee law embodying a principled compromise and revitalising the principled compromise.
Hudson-Rudd, N. (2009) – Australia Limits Refuge for the Refugee, Tamara Journal of Critical Organisation Inquiry, 8(1): 186-205.
This paper uses Australia as an example of a government that is devising policies to preempt, direct, manage and prevent movements. Australia has implemented a series of laws to control movement of asylum seekers and prevent their access to Australia, while choosing a quota driven number of people from refugee camps. Australia is unique in the developed world in that it ignores international human rights laws and puts all asylum seekers in mandatory detention.
Hyndman, J. and Mountz, A. (2008) – Another Brick in the Wall? Neo-Refoulement and the Externalization of Asylum by Australia and Europe, Government and Opposition, 43(2): 249–269.
Drawing on research in Europe and Australia, this article demonstrates how states are promoting ‘protection in regions of origin’ through practices of de facto neo-refoulement. Neo-refoulement refers to a geographically based strategy of preventing asylum by restricting access to territories that, in principle, provide protection to refugees.
Johnston, V. (2009) – Australian asylum policies: have they violated the right to health of asylum seekers?, Australian and New Zealand Journal of Public Health, 33(1): 40-46.
This article explores concerns that Australian asylum policies have disproportionately burdened the health and well-being of onshore asylum seekers making the case that the Australian governments may have violated the right to health of this population.
Odhiambo-abuya, E. (2004) – Refugee status determination in Australia: Breaking the rules?, The Liverpool Law Review, 25 (3): 583-631
This article evaluates the procedures that are used to assess claims for asylum and the extent to which they meet international refugee and human rights standards. It argues that while Australia is party to the main international treaties that seek to protect refugees and asylum seekers, its laws and policies are in many ways inconsistent with international norms.
O’Sullivan, M. (2008) – Withdrawing Protection Under Article 1C(5) of the 1951 Convention: Lessons From Australia, International Journal of Refugee Law, 20 (4): 586-610.
This article analyses the application of Article 1C(5) of the Refugee Convention in Australia and examines how domestic protection interacts with international refugee status in the context of Article 1C(5).
Mathew, P. (2002) – Australian refugee protection in the wake of the Tampa, The American Journal of International Law, 96(3): 661-676.
Mathew examines the arrival in Australian waters of rescued asylum seekers on board the Norwegian freighter MV Tampa, and describes the legislative bases of the Pacific Solution and critiques the legislation in light of Australia’s international obligations.
McAdam, J. (2009) – International refugee law and socio-economic rights: Refuge from deprivation, Melbourne Journal of International Law, 10(2): 579-595.
This paper highlights the intersections of asylum seekers' rights in human rights law and discusses how violations of those rights may, in certain circumstances, amount to persecution within the meaning of art 1A(2) of the Refugee Convention.
McMaster, D. (2002) – Land of the ‘fair go’? Asylum policy in Australia, Global Dialogue, 4(4): 48-56.
This article discusses the White Australia policy at the beginning of Australia’s federation in 1901, and the current policy of mandatory detention. The article states that these two policies reflect a sense of insecurity that seems to be embedded in the Australian psyche, as well as an underlying strain of racism.
Richter, C. (2005) – Statelessness in Australian refugee law: The (renewed) case for complementary protection, University of Queensland Law Journal, 24(2): 545-562.
Richter examines the international laws dealing with statelessness, the rules in foreign jurisdictions, and the existing situation under Australian refugee law. After concluding that Australia does not provide sufficient protection to the stateless, he discusses recent proposals that have been put forward to improve the law.
Schloenhardt, A. (2002) – To deter, detain and deny: Protection of onshore asylum seekers in Australia, International Journal of Refugee Law, 14(2-3):302-328.
This article analyses the legal framework that governs the status of onshore asylum seekers in Australia, the support they can obtain from government authorities, and their legal rights on arrival and throughout their stay in Australia. It outlines Australia’s protection obligations under international refugee and human rights law, and the way in which Australia has implemented these obligations.
Shearer, I. (2005) – In fear of international law, Indiana Journal of Global Legal Studies, 12(1): 345-378.
Shearer points out how the governments of some otherwise enlightened states are increasingly fearful of acknowledging the restraints imposed on them by existing international law. He examines whether these fears are based on a true understanding of international law or on some distorted view of it and draws comparisons and some contrasts between Australia and the US in their reactions to a number of recent events as well as to some enduring situations of contemporary relevance.
Vrachnas, J. (2005) – Migration and refugee law; principles and practice in Australia, Cambridge University Press.
The chapters on migration law provide a detailed analysis of the major legislative provisions relating to the most widely utilised visa categories, and reflect the fact that migration law is predominantly contained in regulations. The chapters on refugee law provide an overview of existing legal principles in relation to the more unsettled areas of law, such as how persecution is defined, and suggest a way in which the law can be made more coherent and workable.
Global refugee movements
Agier, Michel. (2008) – On the Margins of the World: The Refugee Experience Today, Cambridge, Polity.
Michel Agier sheds light on the process of dislocation and quarantine, which is affecting an ever-growing proportion of the world’s population. He describes the experience of these people, speaking of their pain and their plight but also criticising their victimisation by the rest of the world.
OECD, (2011) – International Migration Outlook: SOPEMI 2011, Paris: Organisation for Economic Co-operation and Development.
Here gives a brief overview of migration movements and policies over the past 50 years, including links between migration and development.
UNDESA, (2009) – Trends in International Migrant Stock: The 2008 Revision, New York: United Nations Department of Economic and Social Affairs, Population Division.
The 2008 international migrant stock webpage, with data obtained mostly from population censuses held during the decennial rounds of censuses, helps show the number of people born in a country other than that in which they live, including refugees.
UNHCR, (2010) – Number of forcibly displaced rises to 43.3 million last year, the highest level since mid-1990s, Geneva: United Nations High Commissioner for Refugees.
UN refugee agency released their 2009 annual figures into people forcibly displaced worldwide, showing and all time high of 43.3 million people uprooted by conflict and persecution since the mid-1990s.
UNHCR, (2011) – Global Trends 2010, Geneva: United Nations High Commissioner for Refugees.
UNHCR’s booklet depicts some of the major humanitarian trends which occurred during 2010 in relation to displacement, either within or beyond international borders.
USCR, (2004) – World Refugee Survey 2004, Washington DC: US Committee for Refugees.
USCR’s 43rd annual survey of refugee conditions and statistics reports on the 11.9 million refugees worldwide.