The Dangers of Character Tests: Dr. Haneef and Other Cautionary Tales

The Australia Institute Discussion Paper No. 101

65 Pages Posted: 14 May 2009

Date Written: April 22, 2009

Abstract

This Discussion Paper describes the rise of character provisions in Commonwealth laws over the last 10 years. The use of character testing has increased in traditional areas, such as migration and citizenship, and has moved into new areas of law, such as the employment of persons in critical industries and criminal law. The first time character testing has been examined in a thematic way across several legal and policy subject areas, the paper finds that character tests are often framed in subjective terms and are part of executive decision-making, raising issues of transparency and accountability. This phenomenon has been incremental, which is why it is important to pause and reflect on the changes over the last decade.

Because of changes to migration and citizenship laws over the last decade and the expanded reach of new counter-terrorism laws, failing a character test can lead to detention, deportation, and a denial of citizenship. A person can be rendered stateless, permanently locked out of a profession as an aviation worker or pilot, or put on trial for a terrorist offence. In this way, someone else’s assessment of a person’s character can now define that person’s destiny as never before.

Keywords: Character test, Dr. Haneef, migration law, citizenship, criminal law, executive discretion

Suggested Citation

Harris Rimmer, Susan Gail and Harris Rimmer, Susan Gail, The Dangers of Character Tests: Dr. Haneef and Other Cautionary Tales (April 22, 2009). The Australia Institute Discussion Paper No. 101, Available at SSRN: https://ssrn.com/abstract=1393593 or http://dx.doi.org/10.2139/ssrn.1393593

Susan Gail Harris Rimmer (Contact Author)

Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111, 4111
Australia

Griffith University ( email )

170 Kessels Road
Nathan, Queensland QLD 4111
Australia

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