Protection seekers and preventive justice : preventative immigration detention in Australia and the United Kingdom

This Chapter critically explores the justifications, scope and limits of immigration detention in Australia and the United Kingdom, and makes a distinctive contribution to the developing preventive justice scholarship alongside the established criminal law/procedure and counter-terrorism focused studies. We critically reflect on the combination of preventive and administrative rationales for immigration detention, and consider the anticipated harms that states claim both requires and validates prolonged periods of incarceration as a valid regulatory tool of immigration control. We examine how conventional, public lawbased constraints on executive action are absent, ineffective, or present in attenuated forms in this regulatory space. Without orthodox and effective checks and balances that promote substantive and procedural justice, protracted and even indefinite periods of detention for many protection seekers have eventuated. We conclude the Chapter by indicating how administrative and/or judicial review processes might be reformed in each context so that the necessity and proportionality of immigration detention, including preventive rationales for detention, can be more effectively scrutinised

Juridical exceptionalism in Australia: Law, nostalgia and the exclusion of others

Federal government interventions designed to address irregular maritime arrivals and socio-economic conditions in particular Indigenous communities in the Northern Territory have been characterised by juridical exceptionalism -the partial suspension or withdrawal of the juridical order. Perceived emergencies -broadly, border (in)security and physical (in)security -have resulted in the creation of legal spaces in which 'Others' are constituted within and without the juridical order by the sovereign. This article critically explores these exceptional spaces -'offshore excised places', immigration detention centres and 'prescribed' parts of the Northern Territory -and investigates the ethical, political and historical rationalities underpinning them. Crucially, this includes consideration of how social memories have influenced the regulation of irregUlar maritime arrivals and the creation of emergency response laws in the Northern Territory. It is argued that social, 'governmental' memories about the efficacy and legacy of law/policy responses to border insecurity and the socio-economic problems facing Indigenous communities have, to a degree, been infected by nostalgia. This yearning for the restoration of past experience is associated with a sense of loss, including a loss of state sovereignty due to irregular maritime arrivals, a loss of control over (conditions in) Aboriginal communities and a loss of national unity and identity. This longing has activated politician's 'retro' ideas and the refashioning of legal responses to current social dilemmas. Arguably, such strategies risk discounting or excusing the failings of past social policies, leaving individuals to bear the adverse effects once more

The future of law reform: simplification of the Migration Act 1958 - submission to the Australian Law Reform Commission

This document is a response to the ALRC's request for submissions on future law reform priorties in Australia. It identifies particular areas of the Migration Act 1958 (Cth) that need improvement and development because of stakeholders' concerns about the complexity of existing legal provisions adn procedures, defects in the law that are referable to particular cases and case-studies, and barriers impeding access to justice

Multidisciplinary interventions for reducing the avoidable displacement from home of frail older people: a systematic review

Objectives: To synthesise existing literature on interventions addressing a new concept of avoidable displacement from home for older people with multimorbidity or frailty. The review focused on home-based interventions by any type of multidisciplinary team aimed at reducing avoidable displacement from home to hospital settings. A second objective was to characterise these interventions to inform policy. Design: A systematic search of the main bibliographic databases was conducted to identify studies relating to interventions addressing avoidable displacement from home for older people. Studies focusing on one specific condition or interventions without multidisciplinary teams were excluded. A narrative synthesis of data was conducted, and themes were identified by using an adapted thematic framework analysis approach. Results: The search strategy was performed using the following electronic databases: the American National Library of Medicine and the National Institutes of Health (PubMed), Scopus, Cochrane Library (Central and CDRS), CINAHL, Social Care Online, Web of Science as well as the database of the Latin American and Caribbean Health Sciences Literature (LILACS). The database search was done in September 2018 and completed in October 2018. Overall 3927 articles were identified and 364 were retained for full text screening. Fifteen studies were included in the narrative review. Four themes were identified and discussed: (1) types of interventions; (2) composition of teams; (3) intervention effectiveness; and (4) types of outcomes. Within intervention types, three categories of care types were identified; transitional care, case-management services and hospital at home. Each individual article was assessed in terms of risk of bias following Cochrane Collaboration guidelines. Conclusions: The review identified some potential interventions and relevant topics to be addressed in order to develop effective and sustainable interventions to reduce the avoidable displacement from home of older people. However the review was not able to identify robust impact evidence, either in terms of quantity or quality from the studies presented. As such, the available evidence is not sufficiently robust to inform policy or interventions for reducing avoidable displacement from home. This finding reflects the complexity of these interventions and a lack of systematic data collection