find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Academics release scathing brief on asylum seeker policy

Academics release scathing brief on asylum seeker policy


The Kaldor Centre for International Refugee Law at UNSW has released a new policy brief on Australia’s treatment of boat arrivals, which it says is a violation of international law and an unfeasible long-term solution.

The centre released a policy brief yesterday titled, The Interdiction of Asylum Seekers at Sea: Law and (Mal)practice in Europe and Australia.

The brief was written by Dr Violeta Moreno-Lax, a lecturer in law and founding director of the Immigration Law program at Queen Mary University of London. It evaluates Australia’s Operation Sovereign Borders and the European Union’s operations Sophia and Triton in the context of international law.

“A detailed picture of non-compliance emerges,” according to a brief from the Kaldor Centre.

“These deterrence operations do not accord with the UN Convention on the Law of the Sea, the Search and Rescue Convention, the Safety of Life at Sea Convention, the Refugee Convention, or the core international human rights treaties.”

The legal community has made persistent calls for justice for people seeking asylum over the last few years, but to little avail.

The Kaldor Centre added that deterrence policies such as Operation Sovereign Borders only compound the maritime movements of asylum seekers, as they do nothing to address the push factors displacing people from their home countries.

“Deterrence policies do not really ‘save lives’,” said Dr Moreno-Lax.

“They hamper desperate people fleeing war and persecution from finding safety. If the political will to save lives really existed, then governments in both hemispheres would replace the current securitised approach with a comprehensive, protection-centred vision.”

The policy brief from the Kaldor Centre explained what Australia needs to do to comply with international law. These recommendations include conducting genuine search and rescue missions, avoiding direct/automatic returns to countries of origin/transit countries, allowing disembarkation in Australia so that refugee claims can be assessed, and providing alternative pathways to ensure safe and legal access to Australia in humane conditions.

The Kaldor Centre issued a report late last year urging the public dialogue on refugees and asylum seekers to be guided by practical solutions rather than “divisive politics”.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Academics release scathing brief on asylum seeker policy
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA applauds proposed Modern Slavery Act
The Law Council of Australia has welcomed new recommendations for the development of a Modern Slaver...
Top-tier offers targeted mentoring for Indigenous law students
Students at Macquarie University will be the first to benefit from a new Indigenous mentoring progra...
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...