LCMS - cases or any statistics to evaluate the effectiveness of Migration Act 1958 (Cth)?? (1 Viewer)

[idk123233]

hi guyss, does any one have any cases, statistics (LCMS) to evaluate the effectiveness of the Migration Act 1958 (Cth) , including the 2012 Amendment, an Australian legal response to the contemporary human rights issue of the treatment of assylum seekers in detention, etc. - the criteria i am using is: does it protect individual rights, and whether justice is being achieved.

 

[its_ace21]

idk if this is relevant but would the malaysian solution case be relevant?

 

[idk123233]

idk if this is relevant but would the malaysian solution case be relevant?

idkk, what even is thatt ;'(

 

[nsw..wollongong]

Talk about manus island and putting asylum seekers in detention - denial of A14 UDHR (esp during the Abbot administration)

 

[idk123233]

Talk about manus island and putting asylum seekers in detention - denial of A14 UDHR (esp during the Abbot administration)

yup for the international legal response i was thinking to evaluate the The Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT), since i found some articles of abbot and it relating to asylum seekers in detention but i dont know what case to do to support fully evalaute it, (so hard finding cases :') )

 

[its_ace21]

slavery is so much easier

 

[idk123233]

slavery is so much easier

ye ikrr but the teacher already gave us an example on it

 

[nsw..wollongong]

yup for the international legal response i was thinking to evaluate the The Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT), since i found some articles of abbot and it relating to asylum seekers in detention but i dont know what case to do to support fully evalaute it, (so hard finding cases :') )

Plaintiffs S99 v Minister for Immigration and Border Protection & Ors (High Court of Australia, 2016)
so plaintiff from Iran said that he was a refugee in 2013 and sent to detention on manus island without his consent. a precedent of note is Namah v Pato 2016 which declared that "the forceful detention of asylum seekers on manus is illegal and unconstitutional." Still, minister said that aus policy wasn't gonna change. So this case was a class action on behalf of many plaintiff but was dismissed bc gov thought that there were so many differences in each plaintiff's story that they each needed to be a case on their own. since then, that's whats been happening - each plaintiff has been bringing their own case forward.


SO this shows ineffective of aus legal system due to reluctance and avoidance and neglect or whatnot, u can continue the rest w/ ur own evaluation

 

[idk123233]

Plaintiffs S99 v Minister for Immigration and Border Protection & Ors (High Court of Australia, 2016)
so plaintiff from Iran said that he was a refugee in 2013 and sent to detention on manus island without his consent. a precedent of note is Namah v Pato 2016 which declared that "the forceful detention of asylum seekers on manus is illegal and unconstitutional." Still, minister said that aus policy wasn't gonna change. So this case was a class action on behalf of many plaintiff but was dismissed bc gov thought that there were so many differences in each plaintiff's story that they each needed to be a case on their own. since then, that's whats been happening - each plaintiff has been bringing their own case forward.


SO this shows ineffective of aus legal system due to reluctance and avoidance and neglect or whatnot, u can continue the rest w/ ur own evaluation

thank you so much! is this for the australian response, or the international one?

 

[idk123233]

Evaluate the effectiveness of international and Australian legal and non-legal responses to a contemporary human rights issue. - which international legal response should i do??????????? UN convention relating to the status of refugees 1951 OR
The Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT)

 

[nsw..wollongong]

thank you so much! is this for the australian response, or the international one?

Australian (high court). ICC used the media to criticise australia's limited attention to the issue, so that's an international legal response

 

[nsw..wollongong]

Also, australia has legally made reservations to the convention u just mentioned (CAT), bc of their immigration policies (mandatory detention of asylum seekers arriving by boat).

 

[kingpalindrome]

hi guyss, does any one have any cases, statistics (LCMS) to evaluate the effectiveness of the Migration Act 1958 (Cth) , including the 2012 Amendment, an Australian legal response to the contemporary human rights issue of the treatment of assylum seekers in detention, etc. - the criteria i am using is: does it protect individual rights, and whether justice is being achieved.

Azimitabar v Commonwealth of Australia (2023) - refugee tried suing the government, the High Court ruled that the detainment of a refugee in a hotel was legal, see Court rules detainment of refugee Mostafa Azimitabar in hotel rooms was legal but lacked 'care and humanity' (ABC, 2023) for more details.

Can't find the case name for this, but it's super recent: High Court found last week that it was unlawful for the government to indefinitely detain people in immigration detention, affecting 92 people who were in detention. (Specifically relating to inability of stateless persons to be deported after serving sentences, but has an effect on arbitrary immigration detention as a whole). See Landmark High Court ruling paves way to end indefinite detention for asylum seekers with nowhere to go (ABC, 2023)