You have to be stronger than razor wire: Legal issues relating to the detention of Refugees and asylum seekers
Access status:
Open Access
Type
ArticleAuthor/s
Crock, MaryAbstract
This article explores the international legal principles that do or should determine state practice in detaining refugees and asylum seekers. The issues fall into two broad categories: the circumstances in which it is permissible to detain; and the treatment and entitlements of ...
See moreThis article explores the international legal principles that do or should determine state practice in detaining refugees and asylum seekers. The issues fall into two broad categories: the circumstances in which it is permissible to detain; and the treatment and entitlements of detainees. The author examines both relevant international standards and the way in which key authorities would like state parties to interpret those standards. She identifies some common themes that have emerged from national jurisprudence on detention, arguing that it is possible to discern patterns in the law and practice based on the extent to which states have codified a rights regime for refugees. While acknowledging the indeterminacy of language, the author exhorts refugee adjudicators to draw upon the framework provided by international law when construing domestic legislation.
See less
See moreThis article explores the international legal principles that do or should determine state practice in detaining refugees and asylum seekers. The issues fall into two broad categories: the circumstances in which it is permissible to detain; and the treatment and entitlements of detainees. The author examines both relevant international standards and the way in which key authorities would like state parties to interpret those standards. She identifies some common themes that have emerged from national jurisprudence on detention, arguing that it is possible to discern patterns in the law and practice based on the extent to which states have codified a rights regime for refugees. While acknowledging the indeterminacy of language, the author exhorts refugee adjudicators to draw upon the framework provided by international law when construing domestic legislation.
See less
Date
2002Source title
Australian Journal of Administrative LawVolume
10Issue
1Publisher
Thomson ReutersLicence
Copyright All Rights ReservedRights statement
This article was published by Thomson Reuters and should be cited as: Crock, M. (2002). "You have to be stronger than razor wire" : Legal issues relating to the detention of refugees and asylum seekers. Australian Journal of Administrative Law, 10(1), 33–63. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare