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Update: Plaintiff S138/2012 v Director General of Security & Ors

Since our last post concerning the case of Plaintiff S138, the plaintiff has been released from detention on the recommendation of Justice Stone and therefore, the hearing has been vacated and the matter concluded. However, the legal questions including statutory construction and the constitutional validity of detention raised within the post remain undecided.



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March/April 2012: Shahi Case-note and Boats, Camps and Barbed Wire Fences (ABC Radio National forum)

Kiri Flutter has written a Case Note – Shahi v Minister for Immigration and Citizenship – a High Court of Australia decision concerning the rights of unaccompanied minors to sponsor immediate family members to join them in Australia.

Boats, Camps and Barbed Wire Fences – Forced Migration and the Law

On April 13, 2012 the Asylum and Refugee Law Project hosted a conference at The University of Queensland. The conference included guest speakers from UNHCR (Rick Towle), Australian Red Cross (Eve Massingham) and the Refugee Council of Australia (Bobby Whitfield) along with several legal academics from the TC Beirne School of Law. The final part of the conference was hosted by Paul Barclay from ABC Radio National. This forum on forced migration was broadcast on April 23rd at 8pm and the podcast can be accessed here.

Details of the conference were published by the UNHCR , and can be read here

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September/October 2011

Why is it that the most interesting developments in refugee law and policy always seem to happen at the same time as university assessment? We hope you enjoy the newest contributions by our contributors:

  • Danielle McKeen examines refugee flows from Afghanistan.
  • Rutaban Yameen & Sarah Brown explore the High Court’s reasoning in Plaintiffs M70/M106’s case.
  • Marissa Dooris muses on the consequences of the High Court’s decision to invalidate the Minister’s declaration with respect to Malaysia.
  • Dr Peter Billings has kindly made available an article published in a recent volume of the Griffith Law Review on the ethical, political and political rationales for policies of exclusion towards asylum seekers who arrive by boat and Indigenous Australians.

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Juridical exceptionalism in Australia: Law, Nostalgia and the Exclusion of ‘Others’

By Peter W Billings. Published in full in the Griffith Law Review.

Federal government interventions designed to address irregular maritime arrivals and living conditions in particular Indigenous communities in the Northern Territory (NT), have been characterised by juridical exceptionalism – the partial suspension of the juridical order. Perceived emergencies, broadly border (in)security and physical (in)security, have resulted in the creation of legal spaces in which ‘Others’ are constitute within and without the juridical order by the sovereign. This article critically explores these exceptional spaces – ‘offshore excised places’, immigration detention centres and ‘prescribed’ parts of the NT – and examines the ethical, political and historical rationalities underpinning them. Continue reading

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August 2011

Welcome to our new and improved Asylum & Refugee Law blog!

Each month, our new team of writers from the University of Queensland will update you on court decisions, developments around the world, and provide analyses on refugee and asylum matters.

This Month:

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Welcome | Bienvenue | Karibu | Merhaba

Welcome to the Asylum & Refugee Law Project…

Over the next week, in the lead up to the Australian federal election on 21 August 2010, we will be publishing a series called “Frequently Quoted Inaccuracies”. The series will critically analyse those popular discourses in Australian political rhetoric and media that have (mis)shaped the public perception of refugees and asylum seekers. We hope it gets you thinking!


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