Rough justice for refugees

For some time I have been posting specifically legal articles/posts over at the bloggy part of the Parish McCulloch, Barristers & Solicitors website. I cross-post some of them here at Club Troppo.

I have just posted quite a long article there which discusses yesterday’s High Court decision Minister for Immigration and Border Protection v SZSCA in the context of current moves by the Abbott government to reshape radically the Migration Act provisions concerning asylum seekers and refugees. I don’t think I’ll cross-post it here because it’s fairly technical. Nevertheless some Troppo readers may well find it interesting.

About Ken Parish

Ken Parish is a legal academic, with research areas in public law (constitutional and administrative law), civil procedure and teaching & learning theory and practice. He has been a legal academic for almost 20 years. Before that he ran a legal practice in Darwin for 15 years and was a Member of the NT Legislative Assembly for almost 4 years in the early 1990s.
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I am still Not Trampis
I am still Not Trampis
7 years ago

that is a great article and far from technical but very very disturbing.

Thanks a lot as it very educational

john Walker
john Walker(@johnrwalker)
7 years ago

“insert a completely new regime defining what refugees are and what obligations are owed to them by this country..”

Can a signatory to the Treaty , slip such a radical redefinition into law and still be in compliance, legaly?

john Walker
john Walker(@johnrwalker)
7 years ago
Reply to  Ken Parish

And it would not be possible to successfully challenge this law in our higher courts? ( I thought that something similar was the basis of the challenge to the central processing hub).

And if we can do this without breaching/leaving the treaty, what is the treaty really worth?

john Walker
john Walker(@johnrwalker)
7 years ago
Reply to  Ken Parish

Does that mean that challenges to a central processing hub would no longer have much to stand on?