Sins of the Mother: Australia, West Papuans, Japan and Visas

Public Law Review, Vol. 18, pp. 5-9, 2007

ANU College of Law Research Paper No. 07-14

6 Pages Posted: 5 Jun 2007 Last revised: 5 Oct 2007

See all articles by Kent Anderson

Kent Anderson

The University of Western Australia

Hitoshi Nasu

affiliation not provided to SSRN

Abstract

On 18 January 2006, an interesting and important case developed around whether Australia should grant asylum from Indonesia to 43 West Papuans who found their way to Cape York Peninsula in a traditional canoe. One of those asylum seekers, Mr Wainggai, the son of the founder of the West Papuan independence movement, was being held for the sins of his mother. The fact that his mother was born in Japan raised the view in the Immigration Department's eyes that he was Japan's responsibility, not theirs. This comment examines whether Mr Wainggai had the right to reside in Japan based on nationality, immigration or refugee status so as to provide a reasonable ground for the Department to refuse his visa application.

Keywords: Australia, Japan, West Papua, Immigration and Refugee Law

Suggested Citation

Anderson, Kent and Nasu, Hitoshi, Sins of the Mother: Australia, West Papuans, Japan and Visas. Public Law Review, Vol. 18, pp. 5-9, 2007, ANU College of Law Research Paper No. 07-14, Available at SSRN: https://ssrn.com/abstract=991042

Kent Anderson (Contact Author)

The University of Western Australia ( email )

35 Stirling Highway
Crawley, Western Australia 6009
AUSTRALIA

Hitoshi Nasu

affiliation not provided to SSRN

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