
Daniel GhezelbashMacquarie University · Macquarie Law School
Daniel Ghezelbash
PhD
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29
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Publications (29)
Refugee law has historically formed an important part of refugee studies. Yet, in the past decades, the legal study of refugees has increasingly developed out of sync with refugee studies more generally. The purpose of this special issue is to help bridge the gap between refugee law and refugee studies and foster a broader transdisciplinary researc...
Refugee law has historically formed an important part of refugee studies. Yet, in the past decades, the legal study of refugees has increasingly developed out of sync with refugee studies more generally. The purpose of this special issue is to help bridge the gap between refugee law and refugee studies and foster a broader transdisciplinary researc...
In this article, we argue that building a stronger empirical understanding of the politics of domestic refugee law and policy making is essential for refugee law scholars to better advocate for protection-orientated reforms. While much of the legal scholarship is aimed at promoting policy change, the best way to achieve this goal has rarely been ex...
In this chapter, we examine the development of Australian law and policy regulating immigration and citizenship. Beginning with an introduction to the Australian system of government and relevant legal frameworks, we explore key trends in the areas of economic, family, student and humanitarian migration. We argue that Australia’s current immigratio...
This paper explores how technology and counter-surveillance can be used to hold governments accountable for the treatment of refugees, asylum seekers and other migrants beyond their borders. Externalization policies rely on secrecy and obfuscation. Carried out far from the public gaze, governments implement a range of measures aimed at ensuring tha...
This article explains the way that Australian coroners’ courts often fail Aboriginal and Torres Strait Islander peoples. We discuss the gap between the expectations of families of the deceased and the realities of the process of the coroner’s court. The discussion is illustrated with reference to real-life examples, drawn from the authors’ experien...
This Article examines how wealthy democratic states evade and avoid their international obligations towards refugees. The focus is on two strategies. The first is hyper-legalism—an overly formalistic bad-faith approach to interpreting international law. The second is obfuscation, which involves secrecy about what actions the government is taking an...
Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This arti...
This article sets out two case studies to examine the evolving reality of ‘boat migration’ and the intersecting legal frameworks at play. Our analysis takes a systemic integration approach to reflect on the complex dynamics underpinning responses to the phenomenon in Australia and the Central Mediterranean. The regime that governments purport to ac...
As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the Unite...
This article compares the law and practice of the European Union and Australia in respect to the search and rescue (SAR) of boat migrants, concluding that the response to individuals in peril at sea in both jurisdictions is becoming increasingly securitized. This has led to the humanitarian purpose of SAR being compromised in the name of border sec...
This article examines the legal transfer of restrictive race-based immigration laws across self-governing settler societies in the United States, Canada, Australia, New Zealand and South Africa in the late nineteenth and early twentieth century. These societies shared the common policy objective of limiting Chinese and other ‘non-white’ immigration...
Refugees present an immense challenge globally but until recently Pacific Island Countries (PICs) have been relatively sheltered from this phenomenon. However, changes to Australia’s border security and refugee policies in recent years have significant implications for the Pacific because of Australia’s determination to prevent asylum seekers from...
In this paper, I examine the forces which drive the transfer of immigration policies across jurisdictions. In Part I, I survey the legal scholarship on legal transplants, public policy scholarship on policy transfer and international relations scholarship on diffusion to identify three common motivations for transfers that can operate in any area o...
This chapter compares the practice of interdiction and extraterritorial processing of asylum seekers in the United States and Australia. I argue that Australia’s Pacific Solution and more recent interdiction and extraterritorial activities were modelled on similar activities carried out by the United States in the Caribbean. The chapter concludes w...
This chapter examines the diffusion of the practice of mandatorily detaining unauthorised maritime asylum seekers. Using the United States, Canada, Australia and New Zealand as case-studies, the authors argue that the existence of mandatory detention laws for unauthorised maritime arrivals in each of these jurisdictions is the result of a conscious...
This article explores the phenomenon of asylum seekers and irregular migrants presenting as ‘boat people’. We evaluate key aspects of policies introduced to deter and contain these people – namely mandatory detention, temporary protection visas and offshore processing. Given the high rate of deaths and injuries associated with unauthorised boat arr...
In this paper, I examine the forces which drive the transfer of immigration policies across jurisdictions. In Part I, I survey the legal scholarship on legal transplants, public policy scholarship on policy transfer and international relations scholarship on diffusion to identify three common motivations for transfers that can operate in any area o...
This article explores the phenomenon of asylum seekers and irregular migrants presenting as ‘boat people’. We evaluate key aspects of policies introduced to deter and contain these people – namely mandatory detention, temporary protection visas and offshore processing. Given the high rate of deaths and injuries associated with unauthorised boat arr...