ORCID Profile
0000-0002-5504-4639
Current Organisation
University of Technology Sydney
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In Research Link Australia (RLA), "Research Topics" refer to ANZSRC FOR and SEO codes. These topics are either sourced from ANZSRC FOR and SEO codes listed in researchers' related grants or generated by a large language model (LLM) based on their publications.
International Law (excl. International Trade Law) | Law and Society | Law | History and Philosophy of Law and Justice |
Ethnicity, Multiculturalism and Migrant Development and Welfare | Professions and Professionalisation | International Organisations
Publisher: Instituto Brasiliense de Direito Publico
Date: 30-04-2021
Abstract: A violência relacionada à bruxaria (VRB), particularmente direcionada a mulheres e crianças, tem se tornado uma fonte de crescente preocupação para organizações de direitos humanos neste século. Contudo, para aqueles que fogem de VRB, tal preocupação não tem se refletido no reconhecimento da condição de refugiado. Esta pesquisa examina como alegações de VRB foram abordadas em todas as decisões de refúgio disponíveis em inglês, oriundas de cinco jurisdições. Argumentamos que VRB é uma manifestação de violência relacionada ao gênero, que expõe graves falhas na aplicação da jurisprudência sobre refúgio. A desatenção aos elementos religiosos e organizacionais de práticas de bruxaria, combinada com uma análise insensível ao gênero, demonstra que as solicitações foram frequentemente reconfiguradas por decisores como rancores pessoais ou disputas familiares ou comunitárias, de forma que elas não foram consideradas ofensas reconhecidas pela Convenção de 1951, ou foram simplesmente desmerecidas e tidas como inverossímeis. A taxa de sucesso das solicitações foi baixa, comparada às médias disponíveis, e, quando bem-sucedidas, as solicitações foram universalmente aceitas sob algum outro fundamento que não fosse o elemento de bruxaria do caso. Este artigo foca particularmente nos casos em que a/o solicitante temia perseguição por ser acusada/o de ser bruxa/o, enquanto um segundo artigo relacionado a este aborda as pessoas temendo perseguição por bruxas/os ou pelo meio de bruxaria.
Publisher: Cambridge University Press
Date: 2018
Publisher: Oxford University Press
Date: 20-12-2018
DOI: 10.1093/OSO/9780198798200.003.0029
Abstract: This chapter explores the passport both as an object of concern for international law and as an object that has been shaped through international action and institutions. It unpacks this dynamic relationship along four registers: first, as a historical object that functions as a technology of statecraft and emerged with the consolidation of the modern territorial nation-state second, as an object of government that works towards the control of in iduals, the construction of border regimes, and the global segregation of populations third, as a jurisprudential object that crafts a particular juridical human and finally, as an object of resistance taken up in political struggles to challenge the nation-state’s asserted monopoly on territorial authority. Along each of these registers, the passport reveals how the deeply state-centric order produced through international law shapes and regulates human mobility and identity.
Publisher: Informa UK Limited
Date: 02-07-2020
Publisher: Oxford University Press (OUP)
Date: 03-2015
DOI: 10.1093/LRIL/LRV004
Publisher: Ubiquity Press, Ltd.
Date: 29-06-2012
DOI: 10.5334/UJIEL.BG
Publisher: Cambridge University Press
Date: 05-12-2020
Publisher: SAGE Publications
Date: 19-05-2021
DOI: 10.1177/0067205X211016574
Abstract: Legal histories of Australia have largely overlooked the exclusion of European émigré lawyers from legal practice in Australia. This article recovers part of this forgotten history by tracing the drawn-out legal admission bids of two Jewish émigré lawyers in the mid-20th century: German-born Rudolf Kahn and Austrian-born Edward Korten. In examining their legal lives and doctrinal legacies, this article demonstrates the changing role and requirement of British subjecthood in the historical constitution and slow cultural transformation of the Australian legal profession. This article suggests that contemporary efforts to promoting cultural ersity in the Australian legal profession are enriched by paying attention to this long and difficult history of legal exclusions.
Publisher: Routledge
Date: 23-11-2022
Publisher: SAGE Publications
Date: 02-2019
Abstract: Witchcraft-related violence (WRV), in particular directed towards women and children, has become a source of increasing concern for human rights organizations in the current century. Yet for those fleeing WRV, this heightened attention has not translated across into refugee status. This research examines how claims of WRV were addressed in all available asylum decisions in English, drawn from five jurisdictions. We argue that WRV is a manifestation of gender-related harm one which exposes major failings in the application of refugee jurisprudence. Inattention to the religious and organizational elements of witchcraft practices, combined with gender insensitivity in analysis, meant that claims were frequently reconfigured by decision makers as personal grudges, or family or community disputes, such that they were not cognizable harms within the terms of the Refugee Convention or they were simply disbelieved as far-fetched. The success rate of claims was low, compared to available averages, and, when successful, claims were universally accepted on some basis other than the witchcraft element of the case. This article focuses in particular upon cases where the applicant feared harm as an accused witch, while a second related article addresses those fearing persecution from witches or through the medium of witchcraft.
Publisher: SAGE Publications
Date: 08-2021
Publisher: Oxford University Press (OUP)
Date: 27-07-2022
DOI: 10.1093/RSQ/HDAC022
Abstract: This article examines the gendered harms of state refugee externalisation laws and policies using the case study of Australia’s extraterritorial asylum regime on Nauru. While the regime has been widely criticised, the particular carceral experiences and structural vulnerabilities of refugee women and girls have received limited attention in refugee law scholarship. Drawing on interviews with 10 refugee women, this article documents and conceptualises the abusive nature of the regime from a gender perspective: first in relation to the produced insecurity and sexual violence in immigration detention and temporary resettlement in Nauru next, in relation to the gendered medicalisation of refugee bodies under the official medical evacuation processes for transferring refugees from Nauru to Australia for healthcare and finally, in relation to the continued punitive legal limbo and produced deportability for refugee women once transferred to Australia who nonetheless remain subject to the legal exclusions under Australia’s “offshore” detention and processing regime. We argue that, rather than being incidental to its operation, gendered harms have become a defining feature of the structural violence of Australia’s deterrence framework and practices of refugee expulsion and exclusion.
Publisher: ANU Press
Date: 10-04-2018
DOI: 10.22459/DD.04.2018
Publisher: University of New South Wales Law Journal
Date: 21-04-2022
DOI: 10.53637/VVZR2705
Abstract: This article analyses the emerging evidence of labour exploitation of refugees and asylum seekers on temporary visas in Australia. Over the last decade, Australia’s temporary protection regime has been marked by profound uncertainty in relation to visa status, unfettered Ministerial discretion, and the punitive exercise of governmental power. We argue that this framework amounts to abuse of governmental power, confining refugees and asylum seekers who arrived by boat to a situation of radical temporariness in Australia. This results not only in the denial of permanent protection and social inclusion to these refugees and asylum seekers, but also provides conditions for greater abuse of power by employers in the realm of workplaces across Australia. We outline six factors related to temporary immigration status and other punitive, unpredictable and arbitrary elements in this regulatory regime that currently increase the vulnerability of refugees and asylum seekers to labour exploitation.
Publisher: Informa UK Limited
Date: 02-09-2022
Publisher: Oxford University Press
Date: 14-04-2021
DOI: 10.1093/OXFORDHB/9780197547410.013.31
Abstract: This chapter trace how “transnational migration law” has come to construct human mobility. It argues that transnational migration law is best conceived of as a useful methodological approach, rather than a distinct area of legal doctrine or spatial domain of law. Conceived as a method, transnational migration law can reveal the juridical assemblage of practices, subjects, and relations for regulating migration. This chapter illuminates some of the core and potentially rival sites, forms, and practices of transnational migration lawmaking, drawing attention to the productive and coercive forces of transnational migration law that have resulted in the maintenance of a “global hierarchy of mobility.” Yet, recognizing that state attempts to monopolize “the legitimate means of movement” are incomplete and contested, the chapter argues that scholars of “transnational migration law” must pay attention to erse and situated Indigenous legal traditions as sources of authority. In doing so, the chapter critically unpacks the relationship between migration and struggles for decolonization and global justice.
Publisher: Cambridge University Press
Date: 31-12-2020
Start Date: 2022
End Date: 12-2025
Amount: $396,850.00
Funder: Australian Research Council
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