Echoes of the Old Countries or Brave New Worlds? Legal Responses to Refugees and Asylum Seekers in Australia and New Zealand

Abstract:     
Australia's response to the mobile asylum seeker phenomenon reveals many resonances with the approaches adopted in the "old World" of the European Union - and, more recently, in the United States. This paper argues that, in Australia’s case, some "borrowings" from Europe and North America have been inappropriate for this region. Far from evincing a commitment to global solutions and rationalized responses to humanitarian crises, the Australian initiatives suggest a country immersed in local concerns and self-interest. In spite of its tiny size and geographical isolation, the openness of New Zealand’s laws provides some interesting contrast material. Of equal interest, however, is the attention the world is beginning to pay to Australia’s asylum laws – most particularly those relating to the detention and removal of asylum seekers who come as unauthorized arrivals.

Keywords: asylum seekers, immigrations, New Zealand, Australia, dentention

JEL Classifications: K10, K30, K33

Accepted Paper Series