CURRICULUM VITAE. Linda Jean Kirk

Transcription

1 CURRICULUM VITAE Linda Jean Kirk + ANU College of linda.kirk@anu.edu.au Australian National University ' Fellows Road 8 law.anu.edu.au/people/linda-kirk Acton ACT 2601 AUSTRALIA Current appointments Senior Lecturer, School of Legal Practice, ANU College of Law, Australian National University, Canberra Senior Member, Administrative Appeals Tribunal (General Division), Sydney (part-time) Visiting Fellow, Refugee Law Initiative, School of Advanced Study, University of London Education Monash University 2013 Doctor of Juridical Studies (SJD) in progress Coursework completed Graduate Diploma in Law (Human Rights) Dissertation (submission December 2018) Shifting the Boundaries of Refugeehood: Group-based Approaches to Refugee Status Determination by Tribunals in the United Kingdom, Canada and Australia Graduate Diploma in Law (Human Rights) High Distinction average transitioned to SJD in January 2013 Forced Migration and Human Rights International Human Rights Law Public International Law International Refugee Law and Human Rights University of Cambridge Master of Laws (LLM), Gonville and Caius College University of South Australia 1991 Graduate Diploma in Legal Practice (With Distinction) University of Adelaide Bachelor of Laws (First Class Honours) Bachelor of Economics (Accounting major) CV1

2 Professional Qualifications 2017 Senior Fellow, Higher Education Academy (SFHEA) 1992 Barrister and Solicitor, High Court of Australia 1991 Barrister and Solicitor, Supreme Court of South Australia Fellowships 2017 Australian Endeavour Research Fellowship (June to December 2017) 2016 Transnational Law Summer Institute (TLSI) Fellow, Dickson Poon School of Law King s College London (June 2016) 2011 Visiting Fellow, Refugee Law Initiative, School of Advanced Study, University of London Scholarships, Awards and Grants 2017 ANU College of Law Citation for Outstanding Contribution to Student Learning Migration Law (LLB/JD) 2016 ANU College of Law Award for Program that Enhances Learning Migration Law Program (joint award) 2016 ANU Teaching Enhancement Grant (with Er-Kai Wang) Migration Law epub 2016 Odysseus Network Summer School and Doctoral Seminar, Université Libre de Bruxelles, Doctoral Grant 2016 Australian National University, ANU Early Career Researcher Travel Grant 1992 Cambridge Commonwealth Trust Honorary Scholarship 1992 Commonwealth Fellowship and Scholarship Plan Scholarship 1992 WM Tapp Studentship (Gonville & Caius College) 1992 Knox & Hargrave Sesquicentenary Scholarship in Law 1992 Fellow, Cambridge Commonwealth Trust 1991 Adelaide Law Review Association Prize 1990 David Murray Prize Positions on International and National Professional Associations 2016 Council Member and Academic Liaison, Asia-Pacific Chapter, International Association of Migration and Refugee Judges (IARMJ) 2016 Member, Migration Law Committee, Law Council of Australia CV2

3 2015 Rapporteur, Extraterritorial Processing Working Party IARLJ Chair, Australasian Chapter, International Association of Refugee Law Judges (IARLJ) Member, International Governing Council, IARLJ Co-Rapporteur, Subsidiary Protection Working Party IARLJ Membership of Research Centres 2016 Associate, ANU Centre for European Studies 2016 Centre for Public and International Law, ANU College of Law Membership of Professional Associations 2018 International Association of Women Judges 2016 Australian and New Zealand Society of International Law 2016 Australasian Law Teachers Association 2016 Higher Education Research and Development Society of Australasia 2016 Law Council of Australia 2012 International Association for the Study of Forced Migration 2012 Australian Lawyers for Human Rights 2009 International Association of Refugee Law Judges 2009 Australian Institute of Judicial Administration Council of Australasian Tribunals (Victorian Chapter) 2000 Australian Association of Constitutional Law 1999 Australian Institute of Administrative Law Professional Development Courses 2016 Mental Health First Aid short course, ANU Staff Health and Wellness 2016 Odysseus Summer School in EU Migration and Asylum Law and Policy, Université Libre de Bruxelles 2016 Introduction to Academic Leadership Modules IAL5-IAL10 ANU Centre for Higher Education Learning and Teaching (CHELT), ANU 2015 Foundations of University Teaching and Learning Modules F1-F10 - ANU Centre for Higher Education Learning and Teaching (CHELT), ANU 2014 Educational Fellowship Scheme Modules EF1-EF6 ANU CHELT 2014 Refugee Law short course ANU Migration Law Program CV3

4 Employment 2017 Senior Member, Administrative Appeals Tribunal (General Division) Migration Workers compensation Social Security Citizenship 2014 Lecturer (Level C) Migration Law Program, ANU College of Law 2016 Deputy Director, Migration Law Program Sub-Dean, Migration Law Program 2014 Casual Sessional Lecturer, Migration Law Program Teaching School of Law - Migration Law (LLB/JD) elective ( School of Legal Practice - Graduate Certificate in Australian Migration Law and Practice Australia s Visa System Australian Migration Law Visa Compliance, Cancellation and Review Committees 2016 Group Leader, Human Mobility Law and Policy, Migration Research Group 2016 College Research Committee College Education Committee (observer) 2015 Well-Being Initiative Committee 2015 Migration Law Examiners Committee 2015 Migration Law Conference Committee 2014 Migration Law Program Committee Casual Sessional Lecturer, Griffith University Graduate Certificate in Australian Migration Law and Practice Australian Migration Law Australia s Visa System Visa Compliance, Cancellation and Review CV4

5 Senior Member, Refugee Review Tribunal and Migration Review Tribunal Leadership of team of Members Membership of National Board of Management and Senior Member Forum advising Principal Member on caseload, strategy and policy issues Undertaking a caseload of student, skilled, partner and refugee (protection) visa review applications (including more complex and demanding cases and Federal Court remittals) Monitoring the work of a Team of Members, including allocation of cases and providing guidance, advice and support Conducting performance appraisals of Members. Member professional development and training, including training of new Members during induction programme Investigating complaints and enquiries about Members Senator for South Australia Australian Senate Deputy Chair Joint Migration Committee Deputy Chair Foreign Affairs Sub-Committee of the Joint Foreign Affairs, Defence and Trade Committee Member Joint Foreign Affairs, Defence and Trade Committee Member Senate Legal and Constitutional Committee Deputy Opposition Whip overseeing Opposition activities in the Senate Chamber, liaison with Senators and their staff, and communication with Chief Opposition Whip Temporary Chair of Committees chairing of parliamentary debates in the Senate Chamber in the absence of the President Deputy Chair Caucus Status of Women Committee Senate Estimates - Attorney-General s Department and Department of Immigration and Citizenship Management of Senate offices in Adelaide and Canberra including employment of staff, assignment of duties, delegation of work, management of resources, finances and entitlements of office and supervision of parliamentary interns. Convenor of Parliamentarians Against Child Abuse and advocacy and awareness raising of child abuse and the detention of children in immigration detention centres. Publication of Kids in Detention Watch to highlight the number of children being held in immigration detention Private Senator s Bill, Parliamentary Judicial (Misbehaviour or Incapacity) Commission Bill 2008 co-sponsored by the Hon. Duncan Kerr CV5

6 Industrial Officer, Shop Distributive and Allied Employees Association Advising and representing employees in negotiations with employers and in relation to rights and entitlements, including unfair dismissals Lecturer in Law (Level B), University of Adelaide LLB Teaching Law and Legal Process, Associations, Financial Transactions, Australian Legal System, Constitutional Law, Administrative Law LLM Teaching Comparative Constitutional Law Committees Assessment and Curriculum Committee Equal Opportunity Committee Honours Committee Other Responsibilities Supervision of Honours students Examination of Honours and Masters dissertations Director of Continuing Legal Education program Comments and New Developments Editor, Corporate and Business Law Journal Student Course advisor Finlaysons Barristers and Solicitors Advising clients and taking instructions and preparation of written advices Research and preparation of briefing materials for senior solicitors and barristers Court appearances on behalf of clients and briefing of counsel Practice areas: insolvency, bankruptcy, trade practices and securities, commercial litigation University of South Australia (casual) Tutor in Bankruptcy Law 1990 Flinders University (casual) Tutor in Taxation Law University of Adelaide (casual) Tutor in Commercial Law I and II CV6

7 Publications Book Principles of Australian Migration Law Contract with Cambridge University Press, delivery of manuscript mid Book Chapters BC Kirk, Linda, Accelerated Asylum Procedures in the United Kingdom and Australia: Fast Track to Refoulement? in Dallal Stevens and Maria O Sullivan (eds), States, the Law and Access to Refugee Protection: Fortresses and Fairness (Hart Publishing, 2017) pp BC Kirk, Linda, Island Nation : The Impact of Human Rights Law on Australian Refugee Law in David Cantor and Bruce Burson (eds), On the Borders of Refugee Protection? The Impact of Human Rights Law on Refugee Law Comparative Practice and Theory (Martinus Nijhoff, 2016) pp BC Kirk, Linda, Legal Recognition of Human Rights Violations in Cyprus: Loizidou v Turkey and Cyprus v Turkey in Elizabeth Close, Michael Tsianikas and George Frazis (eds), Greek Research in Australia Proceedings of the Biennial Conference of Greek Studies April 2003 (The Department of Languages Modern Greek, The Flinders University of South Australia, 2003) pp BC Kirk, Linda, The Senate: Money, Mandates and Manners in Glenn Patmore and Gary Jungwirth (eds), The Big Makeover: A New Australian Constitution (Pluto Press Australia, 2002) pp BC Kirk, Linda, Boilermakers Case and Judicial Power in Tony Blackshield, Michael Coper and George Williams (eds), The Oxford Companion to the High Court of Australia (Oxford University Press, 2000) pp65-66, and pp BC Kirk, Linda, Chapter III and Legislative Interference with the Judicial Process: Abebe v Commonwealth and Nicholas v The Queen published in George Williams and Adrienne Stone (eds), The High Court at the Crossroads: Essays in Constitutional Law (Federation Press, 2000) pp BC Kirk, Linda, The Constitutionalisation of Administrative Justice in Robin Creyke and John McMillan (eds), Administrative Justice: the Core and the Fringe (Australian Institute of Administrative Law, 1999) pp Refereed Journal Articles RJ Kirk, Linda Improving Consistency in Protection Status Decisions in Australia: Looking to the United Kingdom for Guidance (2017) 31(2) Journal of Immigration Asylum and Nationality Law RJ Kirk, Linda, Discrimination and Difference: Race and Inequality in Australian Law (2000) 4 International Journal of Discrimination and the Law CV7

8 RJ Detmold, Michael and Kirk, Linda, Droit constitutionel étranger: Australie (1999) 36 Revue Française Droit de Constitutionel RJ Kirk, Linda, Til Dismissal Us Do Part : Dismissal of a President (1998) 21(3) University of New South Wales Law Journal RJ Kirk, Linda, Sisters Down Under: Women Lawyers in Australia (1996) 12 Georgia State University Law Review RJ Kirk, Linda, Exclusion to Emancipation: A Comparative Analysis of Women s Citizenship in Australia and the United States (1995) 97 West Virginia Law Review RJ Kirk, Linda, Portia s Place: Australia s First Women Lawyers (1995) 1 Australian Journal of Legal History RJ Kirk, Linda, Confronting the Forms of Action: the Emergence of Substantive Estoppel (1991) 13(2) Adelaide Law Review Non-Refereed Journal Articles NRJ NRJ NRJ NRJ Ando, Yukari, Gleeson, Judith, Treadwell, Martin and Kirk, Linda Real Risk: Development of Standard of Proof in the UK, NZ, Australia (2017) 7 Refugee Studies Journal Kirk, Linda, Restoration of Power to the Executive over Offshore Processing: Plaintiff S156/2013 v Minister for Immigration and Border Protection (2014) 60 Immigration Review Bulletin 849. Kirk, Linda, Reflections on the Constitutional Convention (1998) 20(5) Law Society Bulletin Kirk, Linda, What Future for Australia s (British) Monarchy? (1997) 19(6) Law Society Bulletin NRJ Kirk, Linda, Women in the Legal Profession (1994) 16(7) Law Society Bulletin Conference Papers and Presentations CP CP CP Kirk, Linda, Refugee Protection in the United Kingdom Beyond Brexit: The Perils of Australian Exceptionalism Paper delivered to Refugee Law Initiative, 8 th International Refugee Law Seminar Series, Institute of Advanced Legal Studies, London, 25 October 2017 (25 pages). Kirk, Linda, The Migration Policies of Australia: A Culture of Control, Paper delivered to XXII Annual Conference of the Italian Society of International Law and European Union Law (SIDI) Conference, Migration and International Law: Beyond Emergency University of Trento, Italy, 8 June 2017 (21 pages). Kirk, Linda, Migration, Refugees and Multiculturalism in Australia, Paper delivered to Nagoya University of Foreign Studies seminar, Japan, 20 February 2017 (15 pages). CV8

9 CP CP CP CP CP CP CP CP CP CP CP Kirk, Linda, Considering Credibility, Paper delivered to Refugee Law Symposium, Osaka University, Japan, 17 February 2017 (10 Pages). Kirk, Linda, It s About Time : The Role of Time in Protection Status Determination Procedures Under the Migration Act Paper delivered to Kaldor Centre for International Refugee Law Conference 2016, Sydney 18 November 2016 (18 Pages). Kirk, Linda Doctor on Wire : Walking the Legal and Ethical Tightrope in Immigration Detention Centres Paper delivered to Australasian College of Legal Medicine Annual Scientific Meeting, Melbourne, 15 October 2016 (30 pages). Kirk, Linda Doctors Without Borders? : The Challenge to the Secrecy Provisions of the Border Force Act Paper delivered at Staff Seminar, RMIT University, Graduate School of Business and Law, Melbourne 25 August 2016 (20 pages). Kirk, Linda From Fraternity to Fragmentation : Australia s Sui Generis Approach to the Refugee Definition Paper delivered at The Future of Refugee Law Conference, Refugee Law Initiative, School of Advanced Study, University of London, 29 June 2016 (15 pages). Kirk, Linda Lessons from Down Under : The Outsourcing of Australia s International Refugee and Human Rights Obligations to Nauru Paper delivered at Migration Law Network 2016 Conference Europe s Crisis: What Future for Immigration and Asylum Law and Policy? Queen Mary University of London, 28 June 2016 (18 pages). Kirk, Linda Between the Devil and the Deep Blue Sea : Enhanced Screening of Asylum-Seekers in Australian Waters Paper delivered at IARLJ-UNHCR Conference The Role of the Judiciary in Asylum and Other International Protection Law in Asia, Seoul, 11 June 2016 (20 pages). Kirk, Linda Australia s Sui Generis Approach to the Refugee Definition Paper delivered at Socio-Legal Scholars Association, Refugee and Asylum Law: Theory, Policy and Practice, Lancaster University, 6 April 2016 (20 pages). Kirk, Linda Convergence between International Human Rights Law and International Refugee Law: Married or Just Dating? - Paper delivered at Human Rights Integration Network Conference, The Global Challenge of Rights Integration: Towards a Users Perspective, University of Ghent, Belgium, 10 December 2015 (15 pages). Kirk, Linda The Use of Country of Origin Information in Refugee Status Decisionmaking in Australia Paper delivered to European Asylum Support Office (EASO) Network of Court and Tribunal Members Annual Co-ordination and Planning Meeting and Workshop on COI, Valetta, Malta, 4 December 2015 (15 pages). Kirk, Linda, The Immigration Assessment Authority: Trojan Horse for the Refugee Review Tribunal? Paper delivered to Staff Seminar, RMIT University, Graduate School of Business and Law, Melbourne 30 July 2015 (25 pages). CV9

10 CP CP CP Kirk, Linda Accelerated Refugee Status Determination Procedures in the United Kingdom and Australia - Paper delivered at Socio-Legal Studies Association Conference, Refugee and Asylum Law: Theory, Policy and Practice, Warwick University, 1 April 2015 (20 pages). Kirk, Linda Fast Track Assessment Process under the Migration Act Paper delivered at International Association of Refugee Law Judges and Monash University Law School seminar, Migration Review Tribunal and Refugee Review Tribunal, Melbourne, 26 February 2015 (18 pages). Kirk, Linda Illegals, Sovereignty and the Rule of Law - Paper delivered to Challenges to Sovereignty: The Impact of Migration Law and Policy, ANU College of Law, Migration Law Program Conference, 8 November 2014 (15 pages). CP Kirk, Linda Consistency in Refugee Status Determination Decision-Making in Australia - Paper delivered to Access to Asylum: Current Challenges and Future Directions Conference, Monash University Prato Centre, 30 May 2014 (20 pages). CP CP CP CP CP CP Kirk, Linda and Kneebone, Susan, The Refugee Convention and Human Rights Protection under Australian Law Paper delivered at the On the Borders of Refugee Protection? The Impact of Human Rights Law on Refugee Law Comparative Practice and Theory International Conference, Institute of Advanced Legal Studies, London, 13 November 2013 (10 pages). Kirk, Linda, Tribunals in Transition: the Migration Review Tribunal and the Refugee Review Tribunal Paper delivered to Staff Seminar, Law Faculty, Monash University, 12 August Kirk, Linda, Efficiency and Validity in a High-Volume Jurisdiction Paper delivered to IARLJ Australasian Chapter Regional Conference, Monash Law School, 3 February 2012 (20 pages). Kirk, Linda, A Practical Perspective on Refugee Status Determination Procedures within Australia Paper delivered to 2011 Refugee Conference, Centre for Refugee Research, University of New South Wales, June 2011 (15 pages). Kirk, Linda, The Refugee Review Tribunal Presentation to Judges of the Cour Nationale Du Droit D Asile (French Asylum Court), Paris, February Kirk, Linda, The 2020 Summit and Deliberative Democracy Law and Democracy Seminar, North Adelaide Community Centre, April CP Kirk, Linda, Securing Our Freedom Amnesty International forum, Adelaide, August CP Kirk, Linda, Achieving Constitutional Change Is a Republic (or anything else) possible? Paper delivered to University of New South Wales, Gilbert & Tobin Centre, Constitutional Law Forum, Sydney, February CP Kirk, Linda, The War on Terror and the Right to a Fair Trial Paper delivered at Amnesty International Forum, University of Adelaide, November CV10

11 CP Kirk, Linda, Reform of the Australian Parliament: Questions of Democracy Paper delivered to Commonwealth Parliamentary Association Australia/Pacific Regional Conference, Rarotonga, Cook Islands, October CP Kirk, Linda, The Senate post-july 1 - Paper presented at the Trilby Misso Public Lecture, Queensland University of Technology, Brisbane, July CP Kirk, Linda, How Should the Senate be Reformed? Paper delivered to 2004 National Schools Constitutional Convention, Canberra, March CP Kirk, Linda, The Legislative Response to Terrorism: the Need for a Cooperative Approach to Anti-Terrorism Laws Paper delivered to the Annual Public Law Weekend, ANU, Canberra, November CP Kirk, Linda, Privative Clauses and the Federal Parliament Paper delivered to Gilbert and Tobin Constitutional Law Forum, University of New South Wales, Sydney, February CP Kirk, Linda, Power to the People: Experiments in Participatory Democracy Paper delivered to Constitutional and Parliamentary Reform for South Australia Conference, Adelaide, August CP Kirk, Linda, Averting Constitutional Crises in a Republic Paper delivered to Women s Constitutional Convention, Canberra, January Submissions to Parliamentary Inquiries SPI Kirk, Linda, Hoang, Khanh and Dickie, Marianne, Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Migration Legislation Amendment (Regional Processing Cohort) Bill 2016 (14 November 2016). SPI Hoang, Khanh, Kirk, Linda, Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Migration Amendment (Complementary Protection and Other Measures) Bill 2015 (26 November 2015). SPI Kirk, Linda, Reich, Sudrishti, Submission to the Joint Committee on Intelligence and Security, Inquiry into the Australian Citizenship Act (Allegiance to Australia) Bill 2015 (22 July 2015). SPI Hoang, Khanh, Kirk, Linda, Zagor, Matthew, Matthew, Penny, Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry in the Maritime and Migration (Asylum Legacy Caseload) Bill 2014 (October 2014). SPI Kirk, Linda, Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Migration (Protection and Other Measures) Bill 2014 (August 2014). CV11

12 Peer-Review of Journal Articles PRJ Australian Journal of Administrative Law (July 2017) PRJ International Journal of Refugee Law (February 2017) PRJ International Journal of Human Rights (December 2016) PRJ Monash University Law Review (July 2016) PRJ Journal of Immigration, Asylum and Nationality Law (November 2015) Guest Lectures GL Kirk, Linda, The Migration and Refugee Division of the Administrative Appeals Tribunal presentation to International Refugee Law LLM students, ANU College of Law, 20 October GL Kirk, Linda, Protection Status Determination by the AAT: Caseload, Credibility, Country Information and other Challenges presentation to International Refugee Law LLM students, Melbourne Law School, 8 September GL Kirk, Linda, Review by the Administrative Appeals Tribunal of Protection Status Decisions presentation to Forced Migration and Human Rights students, Law Faculty, UNSW, 15 August GL Kirk, Linda, Protection Status Determination and the Role of the Migration and Refugee Division of the Administrative Appeals Tribunal presentation to International Refugee Law students, ANU College of Law, 16 October GL Kirk, Linda, The Role of the Refugee Review Tribunal in Australia s Refugee Status Determination System presentation to Refugee Law students, Melbourne University Law School, 27 August GL Kirk, Linda, Persecution and Well-founded Fear presentation to Refugee Law students, Monash University Law School, 1 October GL Kirk, Linda, The Role of the Refugee Review Tribunal presentation given to Refugee Law students, Melbourne University Law School, August GL Kirk, Linda, Practical Challenges of Refugee Status Determination Presentation to Monash University students in International Refugee Law, January Opinion Pieces OP OP Kirk, Linda, US moves closer to Australia's treatment of those on wrong side of migration law (The Interpreter, Lowy Institute, 28 February 2017). Kirk, Linda, Trump's travel ban likely to go to US Supreme Court (The Interpreter, Lowy Institute, 6 February 2017). OP Kirk, Linda, We Have Lift Off (Independent Weekly, November 17, 2007). CV12

13 OP Kirk, Linda, Racing Towards the Finish Line (Independent Weekly, November 10, 2007). OP Kirk, Linda, Turning Up the Heat (Independent Weekly, November 3, 2007). OP Kirk, Linda, Twists and Turns on the Road (Independent Weekly, October 28, 2007). OP Kirk, Linda, Game On (Independent Weekly, October 20, 2007). OP Kirk, Linda, SA Lags Other States on Corruption Accountability (The Advertiser, March 21, 2007). OP Kirk, Linda, SA s Nuclear Future in PM s Hands (Independent Weekly, December 7-8, 2006). OP Kirk, Linda New Cure Hopes Must Outweigh Embryo Concerns (The Advertiser, November 10, 2006). OP Kirk, Linda, We need a national strategy to prevent child abuse (Independently Weekly, October 28- November 3, 2006). OP Kirk, Linda, New move over Hicks no better (Independent Weekly, September 23-29, 2006). OP Kirk, Linda, PM s refugee policy would have torn families apart (Independently Weekly, August 19-25, 2006) OP Kirk, Linda, Australian justice for Hicks (Independently Weekly, July 22-28, 2006). OP Kirk, Linda, Robbing our state of its festival renown (The Advertiser, March 21, 2005). OP Kirk, Linda, Call for an Aussie Republic (The Advertiser, March 29, 2004). OP Kirk, Linda, Right or wrong, Hicks deserves justice (The Advertiser, July 25, 2003). Media Interviews MI Kirk, Linda, Australian Immigration Reforms (CGTN News, Washington D.C. 2 May 2017) MI Kirk, Linda, International Refugee Obligations of US and Japan (NPK News, Osaka, Japan, 17 February 2017). MI Kirk, Linda, Kirk, Linda, Australian citizenship a fraught process (SBS World News, 25 January 2017) MI Kirk, Linda, Proposed Changes to the Australian Citizenship Test (6PR Radio Perth, 3 January 2017). MI Kirk, Linda Proposed Changes to the Australian Citizenship Test, Nine Network News, 3 January 2017). CV13

14 MI Kirk, Linda, Dutton keen to overhaul citizenship test (SBS World News, 3 January 2017) MI Kirk, Linda, Proposed Changes to the Australian Citizenship Test (ABC News 24, 3 January 2017). CV14