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.

U. of Adelaide Law Research Paper No. 176

Posted: 22 Oct 2018

See all articles by Matthew T. Stubbs

Matthew T. Stubbs

University of Adelaide - School of Law

Date Written: October 19, 2018

Abstract

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

Stubbs, Matthew T., Arbitrary Detention in Australia: Detention of Unlawful Non-Citizens under the Migration Act 1958 (Cth) (October 19, 2018). (2006) 25 Australian Year Book of International Law 273-308., U. of Adelaide Law Research Paper No. 176, Available at SSRN: https://ssrn.com/abstract=3269639

Matthew T. Stubbs (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia
+61883133530 (Phone)

HOME PAGE: http://www.adelaide.edu.au/directory/matthew.stubbs

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
96
PlumX Metrics