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Immigration, Refugees and Forced Migration

Law, Policy and Practice in Australia





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AUD $145.00 gst included

This book provides a comprehensive analysis of immigration law in Australia and of the political, social and cultural forces that have shaped and are shaping it. It explains the momentous changes that have occurred in law and policy since the first attempts, in December 1989, to ‘codify’ decision-making through detailed regulations.

It is a study of revolution and counter-revolution: of the impact that the courts and tribunals have had on law and policy through the review of migration decisions; and of the increasingly extreme steps taken by government to assert control over every aspect of its immigration program.

Part I – History and Context

Introduction – Immigration Law in Context
Immigration Law and the Growth of Nationhood

Part II – Legal Frameworks

Defining Powers: Immigration Control and the Australian Constitution
The Impact of International Law
The Administration of Migration Law and Policy

Part III – Border Control and Common Entry Criteria

Border Control and Common Entry Requirements

Part IV – Family Migration

Family Reunion I – Spousal Relationships
Family Reunion II – Immediate and Other Family

Part V – Skilled Migration, Students and Temporary Visas

Building a Clever Country: Permanent Labour Migration
The Business of Temporary Labour Migration
Students, Visitors and Other Temporary Entrants

Part VI – Refugees and Forced Migration

The Refugee and Humanitarian Program
The Definition of Refugee
The Extent of Australia’s Protection Obligations

Part VII – Unlawful Status and Enforcement

Unlawful Status and Visa Cancellations
The Enforcement of Decisions
The Deportation of Permanent Residents: Character, Conduct and Criminality

Part VIII – Appeals and Judicial Review

Immigration Appeals – Merits Review
The Judicial Review of Migration Decisions

Part IX – Conclusion

Facing the Future: Immigration and Global Citizenship

…this book does provide a good grounding in the basics of contemporary immigration law, and a valuable history of Australian immigration law, particularly since 1989 when the first attempts to codify regulations began. Read full review…

Tasmanian Law Society, Law Letter, Winter, 2011

The book is a structured and comprehensive commentary on all aspects of immigration and asylum law and practice in Australia, from spouse visas to work visas, from refugee visas to the treatment of unauthorised arrivals.
      The law and regulations are set out in detail against a background of policy and jurisprudence, but also against the sympathetically retold stories of individuals who become the unwitting subjects of some of our most important societal debates. Read full review…

Inprint, Law Institute Journal Victoria, July 2011

This is a very readable, clear book which can be used by a practitioner in the area for both a statement and explanation of the law as it is, and for a short history of how the Australian cases and legislation led up to that point.
     In short, I think the book is excellent; the authors ought be commended; and people interested in any of these areas (or Commonwealth administrative law generally) should buy it. Read full review…

Matthew Howard SC, Brief, The Law Society WA, July 2011

Click here to view the the High Court’s press release, 31 August 2011, for the judgment affecting refugees.

Plaintiff M70/2011 v Minister for Immigration and Citizenship
Plaintiff M106 of 2011 by his Litigation Guardian, Plaintiff M70/2011 v Minister for Immigration and Citizenship
[2011] HCA 32

Tasmanian Law Society, Law Letter, Winter, 2011

InPrint, LIJ, July 2011

Brief, The Law Society WA, July 2011

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