Sovereignty, Protection and the Limits to Regional Refugee Status Determination Arrangements
This case note explores the recent Australian High Court decision of <em>Plaintiff M70/2011 v Minister for Immigration and Citizenship</em>, which declared a proposed regional refugee status determination arrangement between Australia and Malaysia to be unlawful under Australian law. Whi...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2012-06-01
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| Series: | Merkourios |
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| Online Access: | http://www.merkourios.org/index.php/mj/article/view/51 |
| _version_ | 1817991460042047488 |
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| author | Sara Dehm |
| author_facet | Sara Dehm |
| author_sort | Sara Dehm |
| collection | DOAJ |
| description | This case note explores the recent Australian High Court decision of <em>Plaintiff M70/2011 v Minister for Immigration and Citizenship</em>, which declared a proposed regional refugee status determination arrangement between Australia and Malaysia to be unlawful under Australian law. While the decision was determined by the specific statutory construction of Australian's migration legislation, it nonetheless draws attention to the legal character of what constitutes 'protection' under international refugee law and suggests the necessary legal and factual conditions that must exist in a 'third country' in order for any transfer of refugee processing and recognition procedures to be seen to satisfy Convention obligations. It thus represents a significant judicial challenge to the contemporary trend pursued by wealthy industrialised nations in the Global North towards erecting barriers for accessing domestic asylum regimes and adopting policies that in effect outsource and extraterritorialise asylum processing under the guise of 'burden sharing' or regional 'harmonisation'. This case note reads the decision as a particular re-articulation of sovereign authority, borders, belonging and place-making. <br /> |
| first_indexed | 2024-04-14T01:13:33Z |
| format | Article |
| id | doaj.art-f141eeceaf3544b98baa3ff995fa5104 |
| institution | Directory Open Access Journal |
| issn | 0927-460X |
| language | English |
| last_indexed | 2024-04-14T01:13:33Z |
| publishDate | 2012-06-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Merkourios |
| spelling | doaj.art-f141eeceaf3544b98baa3ff995fa51042022-12-22T02:20:58ZengUbiquity PressMerkourios0927-460X2012-06-0128755360Sovereignty, Protection and the Limits to Regional Refugee Status Determination ArrangementsSara DehmThis case note explores the recent Australian High Court decision of <em>Plaintiff M70/2011 v Minister for Immigration and Citizenship</em>, which declared a proposed regional refugee status determination arrangement between Australia and Malaysia to be unlawful under Australian law. While the decision was determined by the specific statutory construction of Australian's migration legislation, it nonetheless draws attention to the legal character of what constitutes 'protection' under international refugee law and suggests the necessary legal and factual conditions that must exist in a 'third country' in order for any transfer of refugee processing and recognition procedures to be seen to satisfy Convention obligations. It thus represents a significant judicial challenge to the contemporary trend pursued by wealthy industrialised nations in the Global North towards erecting barriers for accessing domestic asylum regimes and adopting policies that in effect outsource and extraterritorialise asylum processing under the guise of 'burden sharing' or regional 'harmonisation'. This case note reads the decision as a particular re-articulation of sovereign authority, borders, belonging and place-making. <br />http://www.merkourios.org/index.php/mj/article/view/51Refugee LawSafe Third CountryRegional ProcessingSovereigntyAustralian High CourtMalaysia SolutionHierarchy of Mobility |
| spellingShingle | Sara Dehm Sovereignty, Protection and the Limits to Regional Refugee Status Determination Arrangements Merkourios Refugee Law Safe Third Country Regional Processing Sovereignty Australian High Court Malaysia Solution Hierarchy of Mobility |
| title | Sovereignty, Protection and the Limits to Regional Refugee Status Determination Arrangements |
| title_full | Sovereignty, Protection and the Limits to Regional Refugee Status Determination Arrangements |
| title_fullStr | Sovereignty, Protection and the Limits to Regional Refugee Status Determination Arrangements |
| title_full_unstemmed | Sovereignty, Protection and the Limits to Regional Refugee Status Determination Arrangements |
| title_short | Sovereignty, Protection and the Limits to Regional Refugee Status Determination Arrangements |
| title_sort | sovereignty protection and the limits to regional refugee status determination arrangements |
| topic | Refugee Law Safe Third Country Regional Processing Sovereignty Australian High Court Malaysia Solution Hierarchy of Mobility |
| url | http://www.merkourios.org/index.php/mj/article/view/51 |
| work_keys_str_mv | AT saradehm sovereigntyprotectionandthelimitstoregionalrefugeestatusdeterminationarrangements |