Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalog ....Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalogued and studied to determine the extent and nature of the disadvantage they face within Australia's refugee system. The findings will contribute to an international project aimed articulating best practice guidelines for the legal treatment of separated children in refugee determination systems around the world.Read moreRead less
Fair Procedures for Refugee Status Determinations. Australia, and other Western countries are experiencing an upsurge in the number of persons seeking refugee status. This project will answer the call of a recent Senate Legal and Constitutional Affairs Committee for an urgent independent review to determine which procedures will best achieve accurate outcomes for refugee (asylum) applicants. The study will compare procedures and standards in Australia, Canada, the UK, USA, Germany and France a ....Fair Procedures for Refugee Status Determinations. Australia, and other Western countries are experiencing an upsurge in the number of persons seeking refugee status. This project will answer the call of a recent Senate Legal and Constitutional Affairs Committee for an urgent independent review to determine which procedures will best achieve accurate outcomes for refugee (asylum) applicants. The study will compare procedures and standards in Australia, Canada, the UK, USA, Germany and France and propose acceptable benchmarks and standards for cost effective and socially cohesive procedures within Australia and internationally. As a result of this research Australia is anticipated to play a leading role in the implementation of global solutions to this issue.Read moreRead less
Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog i ....Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog institutions, and the adaptability of the constitution to changing circumstances could play in securing its resilience against serious threats. Relying on conceptual and empirical methods, using case studies from India, Pakistan, Bangladesh, Nepal and Sri Lanka, to answer these questions, the project will produce a better understanding of constitutional resilience, and the features that promote it to allow constitution makers and reformers to better protect democracy, human rights and the rule of law. This will provide significant national benefit for Australia as it deepens its engagement with South Asia, and the world more generally.Read moreRead less
The effects of female genital mutilation laws in Australia. This project aims to produce new knowledge about laws that have criminalised female genital mutilation (FGM) in Australia since 1994. FGM laws are now subject to robust international criticism, as well as increased concerns among the affected communities. Through the use of innovative primary data collection strategies with law and policy makers, justice system officials and with affected communities in Australia and the UK, the proje ....The effects of female genital mutilation laws in Australia. This project aims to produce new knowledge about laws that have criminalised female genital mutilation (FGM) in Australia since 1994. FGM laws are now subject to robust international criticism, as well as increased concerns among the affected communities. Through the use of innovative primary data collection strategies with law and policy makers, justice system officials and with affected communities in Australia and the UK, the project seeks to produce robust evidence and original insights into the effects of these laws and the potential impacts of proposed legal initiatives. Expected benefits include enhanced legal and policy approaches to FGM that will assist with safeguarding the wellbeing of women and children.Read moreRead less
Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, ....Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, the project makes an Australian contribution to international research into the journeys and legacies of European émigré lawyers. The project provides important new knowledge about the role of migration in shaping Australian legal institutions. Read moreRead less
Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving ....Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving refugee children, the project will encourage Australians to become more responsive to children generally. Finally, the international exposure generated by the project will assist in restoring Australia's international reputation, which has been damaged by poor practices in relation to refugee youth and children in the past.Read moreRead less