Jane Mcadam Summary

Jane McAdam, ‘Australia and Asylum Seekers’ (2013) 25(3) International Journal of Refugee Law 435-448
In this journal article, Jane McAdam reviews the events from mid-1950’s up until the 21st century, which have shaped the laws and policies that affect the way Australia manages asylum seekers. The Author use data gained through the Australian Bureau of Statistics, information from a number of cases and Australia government websites to identify the cause of Australia’s negative stigma towards the refugee status. Their research focuses on how ideas have transform from rights or responsibilities, assistance or protection to preventing boats and refugee reaching Australia’s shores. The article is useful to my research topic, as Jane McAdam has
The website has used the Commission’s factsheet Tell Me About: Refugees with Adverse Security Assessments (2013) and articles in ICCPR to explain the case and bring out the facts and articles that have been breached. This website focuses primarily on this single case discussing summary, facts, decision, remedy and current situation of the refugees. Most importantly it details how the Australian government has breach a number of articles of (ICCPR) and recommends authors be released under rehabilitation and compensation. This website is useful to my research as the case shows refugee are not provided with necessary protection despite the existence of International Covenant on Civil and Political Rights. This case note will be included to form a basis for my research as it demonstrates the existence of intentional protection within the ICCPR is ultimately flawed as the vulnerable group is still detained and denied their
The reform use information gained from the High Court decision in the case Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1. The reforms mainly focus on the reforming of the Migration Act 1958 (Cth) where the ALRC recommends that the Minster for Immigration and Citizenship should issue direction in relation to family violence in refugee assessment determination. The report is useful to my research topic, as ALRC identifies issues in the assessment of refugees as well as provides recommendations for reforms in order to protect the human rights of the vulnerable group. Main limitation of this report is that it primarily focuses on the family violence issues suffered by refugees but does not expand to any other problems suffered by refugee. Despite this, the report still suggests recommendations that are intended support the victims of family violence under the Refugee Convention. This article will be included in suggesting and influencing other reforms put out in my essay in order to enhance protection of human rights of the vulnerable