Access to protection for 'Offshore Entry Persons' aka asylum seekers

Francis, Angus J. & Caton, Sonia (2011) Access to protection for 'Offshore Entry Persons' aka asylum seekers. Alternative Law Journal, 36(3), pp. 172-176.

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In 2001, amendments to the Migration Act 1958 (Cth) made possible the offshore processing of protection claims. The same amendments also foreshadowed the processing of claims by ‘offshore entry persons’ in Australia according to non-statutory procedures. After disbanding offshore processing the then Rudd Labor Government commenced processing of protection claims by ‘offshore entry persons’ in Australia under the Refugee Status Assessment process (RSA). The RSA process sought to substitute well established legislative criteria for the grant of a protection visa, as interpreted by the courts, with administrative guidelines and decision-making immune from judicial review. This approach was rejected by the High Court in the cases M61 and M69. This article analyses these developments 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.

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ID Code: 46754
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Asylum seekers, Refugees, Access to justice
ISSN: 1037-969X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Human Rights Law (180114)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2011 Legal Service Bulletin Co-operative Ltd
Copyright Statement: Copyright of the typeset version which was published in the alternative Law Journal remains with the publisher, and is not granted for reproduction
Deposited On: 01 Nov 2011 22:41
Last Modified: 02 Nov 2011 22:12

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