- Title
- Executive detention: still no effective review for detainees
- Creator
- McCarthy, Shaun; Maguire, Amy; Elton, Amy
- Relation
- Alternative Law Journal Vol. 41, Issue 4, p. 249-253
- Relation
- http://www.altlj.org/publications/back-issues/2016-vol-41/product/1011-executive-detention-still-no-effective-review-for-detainees/category_pathway-130
- Publisher
- Sage
- Resource Type
- journal article
- Date
- 2016
- Description
- Over the past two decades, the incidence of executive detention under Australia’s mandatory immigration detention regime has escalated dramatically. Detainees – not sentenced to periods of imprisonment by a court of law – do not have a generally accessible right to challenge their detention on the basis that they are lawfully in Australia. Furthermore, detainees do not have a right to challenge the findings of an adverse ASIO security assessment before a court or tribunal. This article proposes statutory change to enable merits review of executive detention by the Administrative Appeals Tribunal’s Migration and Refugee Division. Efficient and accessible merits review would ensure that these significant determinations are reviewed in a rigorous and accountable way to avoid another wrongful detention of the type experienced by Cornelia Rau.
- Subject
- executive detention; immigration detention; detainees; wrongful detention
- Identifier
- http://hdl.handle.net/1959.13/1331822
- Identifier
- uon:26718
- Identifier
- ISSN:1037-969X
- Language
- eng
- Reviewed
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