Arbitrary Detention in Australia: Detention of Unlawful Non-Citizens under the Migration Act 1958 (Cth)
(2006) 25 Australian Year Book of International Law 273-308.
Posted: 22 Oct 2018
Date Written: October 19, 2018
Australia, with the exception of its indigenous peoples, is a land of recent migrants. Our national anthem proclaims that, 'For those who've come across the seas, we've boundless plains to share.' However, this has never been an unconditional offer. Immigration laws in Australia have often disclosed a 'deeply xenophobic hostility' toward foreigners. Fear of the yellow peril, the supposed hordes of Chinese, 'bent on overrunning White Australia and destroying its way of life forever', prompted racially discriminatory immigration restrictions as early as 1855. One of the first statutes passed after Federation was the Immigration Restriction Act 1901(Cth), which introduced the dictation test by which the White Australia policy was implemented.
Keywords: Arbitrary detention, Migration Act, unlawful non-citizens
JEL Classification: K10, K19
Suggested Citation: Suggested Citation