- Title
- The inexorable expansion of executive detention in Australia: the case for law reform
- Creator
- McCarthy, Shaun
- Relation
- University of Newcastle Research Higher Degree Thesis
- Resource Type
- thesis
- Date
- 2022
- Description
- Research Doctorate - Doctor of Philosophy (PhD)
- Description
- Over the past two decades, the incidence of executive detention under Australia’s mandatory immigration detention regime has escalated dramatically. Detainees – who have not committed any crime nor been 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 security assessment before a court or tribunal. This lack of external review of detention is at serious odds with the review mechanisms available to people detained under other types of executive detention. This thesis proposes statutory change to enable merits review of executive immigration detention by the Commonwealth 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; law reform; Australia; immigration detention; refugees
- Identifier
- http://hdl.handle.net/1959.13/1505500
- Identifier
- uon:55674
- Rights
- Copyright 2022 Shaun McCarthy
- Language
- eng
- Full Text
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| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | ATTACHMENT01 | Thesis | 1 MB | Adobe Acrobat PDF | View Details Download | ||
| View Details Download | ATTACHMENT02 | Abstract | 126 KB | Adobe Acrobat PDF | View Details Download |