Churches and the Law of Sanctuary in Australia

Abstract

In recent years a number of Christians in Australia have been deeply concerned about the offshore detention of asylum seekers, and have suggested a revival of the old practice of churches offering "sanctuary" from the mainstream legal system to those who seek it. This paper explores the history of sanctuary in the common law tradition, and how the question of sanctuary might be dealt with in modern Australia. It also discusses whether offering sanctuary may be an act of religious "free exercise" protected by the law.

Keywords: Sanctuary, Asylum Seekers, Religious Freedom