DEAKIN LAW STUDENTS SOCIETY. Industry Insight

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1 DEAKIN LAW STUDENTS SOCIETY Industry Insight Human Rights and Immigration Law July 2016 Overview When the terms Human Rights and Immigration are thrown around by the media, it is easy to form a pessimistic view of the function of the industry. However, it is necessary to look past this constant attention and remember that professionals aren t actually dealing with policy from day to day, but people. The actual purpose of working within Human Rights is quite simple; to actively participate and work towards ensuring that the wider population is equal and free. That may sound quite broad, however with so many important niche areas, opportunities to work within this industry are quite numerous, if you know where to look. The Universal Declaration of Human Rights is a well-known document to Deakin Law Students and provides an initial insight into the sheer number of opportunities available. From its induction in 1948, the number of non-for-profit (NFPs) and non-governmental organisations (NGOs) has skyrocketed to deliver a plethora of avenues for students interested in philanthropy, humanitarianism and magnanimity. Like Human Rights, working in Immigration goes well beyond picketing in the streets to either turn back boats or accept them. It involves the process of aiding those attempting to immigrate under a number of circumstances, not just asylum. Our country is seen as an extremely desirable place to live, so opportunities to work in this industry continue to grow. Election year, New Asylum outlook? Ignoring political preferences and media campaigns, Australia is set to enter a new era with respect to immigration. On the back of the Coalitions return (or likely, if you choose so) to office, the way asylum may be sought is set to change. With the factual drop of unauthorised boat arrivals in Australian, 17 detention centres have been closed, and within in its place Temporary Protection Visas have been reintroduced to service the remaining maritime and future arrivals and to those currently overseas currently seeking asylum from their own country. This change has led to a dramatic increase of 12,000 refugees arriving from wartorn countries.

2 Key Cases A fantastic way to remain in touch with the Human Rights and Immigration discipline whilst completing your degree is to follow and remain update with current major cases presented within Australian Jurisdictions. Harmer v Department of Human Services This is case is the latest of a string of discriminations cases focusing on the principle of parental status. Bright v MacKereth The case has been well documented within the media in New Zealand due to the process involved in enacting a process to be reviewed by the Human Rights Commission. Click here Cayzer v Minister for Immigration and Border Protection The case explores a series of cancellations of visas by the Minister of Immigration and Border Protection. Refugee Administrative Appeals of Australia An interesting appeal following a decision to not grant an applicant a Protection Visa under new legislation. Australian Immigration Law Landscape By Stephanie Hill The Migration Act 1958 (Cth) and the Migration Regulations Act 1994 (Cth) regulate the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons. Under Australia s immigration law and offshore processing policy, asylum seekers are sent to either Manus Island or Nauru detention centres where they face mandatory, indefinite and non reviewable detentions. Australian government statistics show that between 2012 and 2013, more than 18,000 people arrived in Australia illegally by sea, compared to just 7,300 between 2011 and This number plunged after the government introduced tough new polices, including towing back boats. The government has said that such policies have restored the integrity of Australian borders, and helped prevent deaths at sea. However, these policies are seen to be the acute and egregious retreat from fundamental human rights obligations in the area of immigration law. On the 26 April 2016, five judges on Papua New Guineas Supreme Court s bench ruled that the Manus Island camp breached section 42 of the Papua New Guinea constitution, which guarantees personal liberty. It was deemed that restrictions on the movement of asylum seekers was unconstitutional and did not meet a requirement to respect the rights and dignity of mankind. Furthermore, the UN has ruled that Australia s indefinite detention of refugees on secret security grounds is arbitrary and illegal. While indefinite administrative detention is legal under Australian law, the committee ruled that it is incompatible with Australia s international treaty obligations under the International Covenant on Civil and Political Rights (1966). Critics have said that preventing asylum seekers from relocating in Australia and forcing them to stay in offshore detention camps is damaging Australia s reputation. On the 3 May 2016 a young Somali woman, Honda Yasin, set herself on fire whilst confined in the offshore processing centre in the Pacific Island. This act was only days after Omid Masoumali, another Nauru refugee, died in a similar act of desperation, setting himself on fire to protest against the conditions. Despite critics saying that self-immolations reflect the desperation of refugees living under Australia s controversial immigration policy, Australia s two leading political parties, the ruling Liberal-National coalition and the Labor opposition, both support tough asylum policies.

3 An Introduction to Aboriginal Rights and Issues by Sarah Ward It is around this time of year when we as a nation are encouraged to reflect on and celebrate the relationships shared by Aboriginal and Torres Strait Islander peoples and other Australians. May 27 th marks the anniversary of the 1867 referendum in Australia and June 3 rd commemorates the anniversary of Mabo v Queensland (1992) High Court of Australia judgment. This judgment recognised that both Aboriginal and Torres Strait Islander people have a special relationship to the land. There continues to be a consistent battle fought for Aboriginal and Torres Strait Islander peoples to have their rights recognised and acknowledged by the Australian government and people within the Constitution. Before the 1967 referendum, Indigenous Australians were excluded under section 127 of the Constitution from being counted in the tally of citizens of the nation. Many campaign that the Constitution should recognise the founding people of Australia and the culture of Indigenous Australians. For recognition within the Constitution, a referendum must be held pursuant to section 128 of the Constitution. Despite this, there have been many historic moments in the past few decades, which have helped to promote, educate and develop a greater understanding for the Australian community of the previous and current issues facing Indigenous Australians. A few of these milestones include: the report by the Royal Commission into Aboriginal Deaths in Custody, the High Court s rejection of Australia being terra nullius and the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families. Whilst there have been important steps, it is contended that more advancements are required to encourage the understanding and respect for the rights of Indigenous Australians. Opportunities at University It may seem completely infeasible to even attempt to try involve yourself within Human Rights and Immigration organisations whilst still trying to balancing study. Fret not! Deakin actually offers opportunities to be involved with overseas Human Rights work through volunteering and community trips through the Global Citizenship Program. In many cases, these trips can be completed and provide credit to your course and degree. Visit studyabroad.deakin.edu.au to learn more about overseas opportunities. If you have any queries regarding the current Insight or Industry Careers please do not hesitate to contact Director of Industry Careers Tom Watson director-careers-industry@deakinlss.org

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