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Irregular Maritime Migration and the Pacific Solution Mark II: Back to the Future for Refugee Law and Policy in Australia?

Irregular Maritime Migration and the Pacific Solution Mark II: Back to the Future for Refugee Law... Following a rise in the number of irregular maritime arrivals seeking refugee protection in Australia, and two successful legal challenges to their refugee processing policies, the Labor Government has resuscitated notorious aspects of the ‘Pacific Solution’ as part of a ‘no advantage’ policy. This strategy seeks to deter ‘irregular’ asylum seekers by treating them no more favourably than refugees seeking protection from overseas awaiting entry to Australia through regular refugee/humanitarian channels. In furtherance of this ‘no advantage’ policy, extra-territorial processing on Nauru and Papua New Guinea has been re-introduced and ‘excision’ provisions are to be extended to mainland Australia placing the continent outside of its ‘migration zone’ and, therefore, asylum seekers beyond the regular laws and processes for protection seekers. This article analyses the seismic shifts in asylum seeker policy that have occurred in Australia over the recent past and the politics underpinning them. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal on Minority and Group Rights Brill

Irregular Maritime Migration and the Pacific Solution Mark II: Back to the Future for Refugee Law and Policy in Australia?

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Publisher
Brill
Copyright
© 2013 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1385-4879
eISSN
1571-8115
DOI
10.1163/15718115-02002007
Publisher site
See Article on Publisher Site

Abstract

Following a rise in the number of irregular maritime arrivals seeking refugee protection in Australia, and two successful legal challenges to their refugee processing policies, the Labor Government has resuscitated notorious aspects of the ‘Pacific Solution’ as part of a ‘no advantage’ policy. This strategy seeks to deter ‘irregular’ asylum seekers by treating them no more favourably than refugees seeking protection from overseas awaiting entry to Australia through regular refugee/humanitarian channels. In furtherance of this ‘no advantage’ policy, extra-territorial processing on Nauru and Papua New Guinea has been re-introduced and ‘excision’ provisions are to be extended to mainland Australia placing the continent outside of its ‘migration zone’ and, therefore, asylum seekers beyond the regular laws and processes for protection seekers. This article analyses the seismic shifts in asylum seeker policy that have occurred in Australia over the recent past and the politics underpinning them.

Journal

International Journal on Minority and Group RightsBrill

Published: Jan 1, 2013

Keywords: refugee protection; irregular maritime migration; Australian law/process

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