Research Project: Non-Citizens and Human Rights - Australia’s Migration and Refugee Law in an International Context
Dr Michelle Foster
Email: m.foster@unimelb.edu.au
JD Research Seminar, Semester 2, 2010
Background
One of the traditional hallmarks of sovereignty is the ability of states exclusively to regulate the composition of their community by determining the rules for the acquisition of citizenship and by maintaining absolute control over immigration. However, the advent of international human rights law in the latter half of the 20th century, with its emphasis on the regulation of states’ duties vis-à-vis individuals, means that this traditional position is clearly evolving. Beginning with the 1948 Universal Declaration of Human Rights, and continuing with the Convention Relating to the Status of Refugees (1951), the International Covenant on Civil and Political Rights (1966) and International Covenant on Economic Social and Cultural Rights (1966), international human rights law has begun to circumscribe states’ choices as to which non-citizens they admit or expel from their territory and the treatment afforded to such persons while they remain within a state’s territory or jurisdiction.
This has the potential to fundamentally alter the immigration and refugee policies (and ultimately membership of the body politic) of a traditional immigration country such as Australia, which historically has had remarkable control over its immigration policy by virtue of its geographical position. While this geographical ‘advantage’ continues today, Australia has been consistently challenged in recent years to accept its place as a member of the global community which has acceded to all of the key relevant international treaties pertaining to this issue. As such, successive governments in recent times have been forced to grapple with the tension between Australia’s international obligations and the extent to which domestic realities and needs (perceived or real) are consistent with those obligations.
This Research Subject will provide students with the opportunity to examine critically a range of issues within the broad area of Australian citizenship, refugee and immigration law and assess the extent to which Australia’s law and policy is consistent with international obligations and/or international best practice. The topics available to be examined within the auspices of this Research Subject are varied and the subject co-ordinator will work with students to identify in which aspects of the topic they are most interested. There is considerable flexibility in the type of research project which may be undertaken, with the possibility of approaching a project from an historical, theoretical, socio-legal or jurisprudential/doctrinal perspective.
One of the particular features of this Research Project is that it will provide students the opportunity to engage in a ‘knowledge transfer’ project, working with the Special Projects and Policy Unit of the Refugee and Immigration Legal Centre (RILC) - a well established leader in the provision of free assistance and advocacy for refugees, asylum seekers and disadvantaged immigrants in Australia. It is a particularly exciting time to be studying Australian immigration and refugee law as the current government has already effected a number of very important changes to both law and policy, and has indicated a willingness to consider and implement further changes. This subject will thus offer the opportunity for at least some students to work with RILC on assessing the efficacy and implications of existing law and policy, as well as work on the preparation of background papers, proposals or submissions in relation to future proposals.
Assessment for this course will involve an element of class participation in the form of a presentation of work in progress (10%) as well as an 8000 word research paper due at the end of semester (90%). The research paper may be presented in a traditional academic format or may ultimately take the form of submissions or a more policy-oriented paper in line with the possibility of engaging in a knowledge transfer project with RILC as described above.
Please note that enrolment in this subject will be strictly limited to 12 students. Should applicant numbers exceed 12, priority will be given to students who have completed International Law and/or displayed relevant interest or experience in this topic in other ways.