Asylum detention cases!! (1 Viewer)

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hey..
i have an assessment tomorrow, and we are suppose to write an essay about "how effective are legal measures, both domestically and internationally, in addressing this human rights issue" i've chosen asylum seekers in detention as an issue! But i really need cases =(

any help will be appreciated ^^
 

FLAVA

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well i just did some random searching. this smh article mentions a few cases and sounds quite useful, ive put the case in bold.. anyway i hope you get some more help but if you dont just browse http://www.austlii.edu.au/, www.smh.com.au etc

Australia to take note of human rights
March 16, 2005 - 5:24AM

Australia should pay attention to international human rights principles when dealing with people in detention, High Court judge Justice Michael Kirby has said.

Justice Kirby told a public symposium of legal experts and students that judges could only act within the law and it was up to citizens to change things.

"Judges have limited functions and it's very wrong to believe you can stretch the law because you don't like it," he told the 200-strong audience at the University of Western Sydney.

"We have our values and they do affect our judgments ... but we have to work within the law," Justice Kirby said.

Underlying discussion at the symposium, Detention without Trial - What are the Limits, was a High Court decision on the detention of Ahmed Al-Kateb and Abbas Mohammad Hassan Al-Khafaji in August last year.

Mr Al-Kateb, a stateless Palestinian, and Mr Al-Khafaji, an Iraqi national, arrived in Australia together in 2000.

The pair were refused Australian temporary protection visas and they each asked to be returned to the Middle East. However, the federal government was unable to make arrangements for other countries to take them.

The High Court's ruling on these cases has enabled the federal government to continue to indefinitely detain unsuccessful asylum seekers who cannot be removed to another country, despite their wish to leave Australia.

Justice Kirby said he believed international human rights principles could have been applied to the case, however he was overruled by the other sitting judges.

He said Australia must not think it is isolated from the world when dealing with humans rights cases.

"It's important that we should have our minds open to the judges of other countries because they speak with great care upon matters of wide concern," he said.

"We should not examine it thinking that all wisdom lies here in Australia, in the south seas. We are part of the main and part of the world."

"Part of being in Australia is well-being and part of being is liberty - that has been part of our constitutional fabric."
 
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thank you^^ i've seen a lot of threads by you!! they are all very helpful! =D

one question tho.. the donohue V. Stevenson case.. does that have anything to do with asylum seekers in detention?!
 

withoutaface

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.::icemeLon::. said:
thank you^^ i've seen a lot of threads by you!! they are all very helpful! =D

one question tho.. the donohue V. Stevenson case.. does that have anything to do with asylum seekers in detention?!
If I remember my year 10 commerce (that I got 33/100 in), that was more related to consumer rights and has nothing to do with asylum seekers.
 

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