Migration law

• Migration Amendment (Removal and Other Measures) Bill 2024 (Cth)

  17th Apr 2024

• Migration law and the best interests of the child

  5th May 2022

  Abdullah and Fatima fled Afghanistan with their children after a Taliban attack killed their daughter and destroyed their home. While Abdullah has permanent refugee status in Australia, Fatima and their four children have been waiting for their family visa to be processed for more than four years. The family has now launched legal action against the Morrison government, claiming an unreasonable delay. John Bui examines the case through the lens of family law. 

• Behind the closed doors of immigration detention

  29th Jul 2021

  Australia’s harsh laws permitting the indefinite detention of people seeking asylum and refugees have recently been expanded to include persons who are owed protection obligations but have no visa pathways. Rachel Saravanamuthu discusses the increasing detainee numbers during COVID-19, excessive use of force by detention staff, the concerning use of detention records to support visa cancellations and refusals, and the situation for Medevac transferees.

• Minister urged to use discretionary powers to show compassion to Sri Lankan Tamil family

  15th Jun 2021

  The Government should use the discretionary power allowed within the Migration Act to grant a visa to the Murugappan family, says the Australian Lawyers Alliance (ALA).

• Access to justice at risk from FCC price hike

  27th Nov 2020

  The fourfold increase in the Federal Circuit Court fees, announced by the government last week, will make it increasingly difficult for migrants, including asylum seekers, to have fair access to Australia’s justice system.

• Character test in s501 of the Migration Act 1958 (Cth) DOES apply to Temporary Protection Visas

  30th Jul 2020

  George Newhouse provides an update on the overruling of BAL19, a decision that constrained the Minister for Home Affairs’ power to refuse a visa for refugees and asylum seekers under the s501 character test of the Migration Act 1958 (Cth).

• The High Court and the ‘aliens’ power

  12th Mar 2020

  Professor Megan Davis explains that on the key issues animating public attention – an Aboriginality test and sovereignty – a close reading of each judgment in Love; Thoms reveals that there are no majority pronouncements that change the status quo. The decision does not create a new category of person, nor does it create special rights. What it does do, however, is bolster the argument for constitutional reform.

• Current legal struggles for people seeking asylum in Australia

  25th Oct 2018

  Dr Carolyn Graydon, Principal Solicitor and Manager of the Human Rights Law Program, Asylum Seeker Resource Centre presented this paper at the ALA National Conference on 19 October.

• No evidence of link between national security and citizenship

  6th Sep 2017

  There is no evidence that proposed changes to the process of gaining Australian citizenship would improve the country’s national security, the Australian Lawyers Alliance (ALA) said today.

• Minister seeks to evade the law by criticising refugee advocates

  30th Aug 2017

  By criticising lawyers seeking to assist refugees and asylum seekers, Minister Dutton is seeking to evade the government’s responsibilities, undermining accountability and the rule of law, the Australian Lawyers Alliance (ALA) said today.

• UN migrants expert calls for Australian human rights act

  17th May 2017

  The call by a United Nations (UN) expert for an Australian human rights act reminds us that fundamental human rights in Australia are not protected by a Bill of Rights, the Australian Lawyers Alliance (ALA) said today.

• Lawyers welcome damning report from offshore detention inquiry

  21st Apr 2017

  A Senate Report stating that there is an “unacceptable lack of accountability and transparency” and a “culture of secrecy” on Nauru and Manus Island was released today. 

• Lawyers concerned for health of PNG detainee

  20th Apr 2017

  The Australian Lawyers Alliance (ALA) has today expressed serious concerns regarding the health of an asylum seeker in PNG who has had his refugee application rejected.

• Govt’s Migration ‘loophole’ Bill incompatible with current law

  30th Jun 2015

  New legislation passed by the Parliament last week to evade High Court litigation regarding the validity of regional processing centres is incompatible with Australia’s obligations at law, which it cannot contract or legislate away, the Australian Lawyers Alliance (ALA) said today.

• Govt’s rushed Migration Amendment Bill is unconscionable

  24th Jun 2015

  A last-minute Bill seeking to head off court action challenging the Federal government’s power to fund offshore detention facilities is unconscionable, the Australian Lawyers Alliance (ALA) said today.

• New migration legislation may be unconstitutional

  5th Dec 2014

  Federal legislation which reintroduces Temporary Protection Visas (TPVs) undermines the United Nations Refugee Convention and may in fact be unconstitutional, the Australian Lawyers Alliance (ALA) said today.

• Decades of case law conflict with Migration Bill

  26th Jun 2014

  Changes to the Migration Act introduced into Parliament yesterday by Immigration Minister Scott Morrison are at odds with decisions made in the High Court since 1989 and international case law, the Australian Lawyers Alliance said today.

• Migration changes introduced mark a new low

  25th Jun 2014

  Changes to the Migration Act introduced into Parliament today by Immigration Minister Scott Morrison marks a new low in respect of Australia meeting its international human rights protections, and a new attack on procedural fairness and the separation of powers, the Australian Lawyers Alliance said today.

• Lawyers call for legislative amendment to Migration Act

  18th Jun 2014

  The High Court’s decision in Plaintiff S156-2013 v Minister for Immigration and Border Protection highlights the lack of adequate protections in Australia’s migration law, the Australian Lawyers Alliance said today.

• Manus Inquiry: Lawyers' evidence given

  16th Jun 2014

  Representatives of the ALA appeared before the #manusinquiry, giving evidence as to Australia's duty of care obligations at common law.

• Manus: You can't delegate your duty

  5th May 2014

  The Australian government may have a non-delegable duty of care to asylum seekers, the Australian Lawyers Alliance said today, in a submission to a Senate inquiry into the tragic death of Reza Berati on Manus Island.

• Damaged human rights record will plunge further

  22nd Jan 2014

  The Australian Lawyers Alliance said today that Human Rights Watch’s assessment of Australian asylum seeker policy as ‘draconian’ will plunge further in coming months if legislation currently on the table passes in the Parliament of Australia.

• Rudd’s continuing hard line on asylum seekers - ALA

  24th Jul 2013

  Harsh and unjust asylum seeker policy, which is continuing under the new Rudd Government leadership, puts asylum seekers at risk of further trauma and, as a consequence, Australian taxpayers under increasing financial burden to compensate for the afflictions that such policies create, The Australian Lawyers Alliance said today.

• Clarity needed over Abbott’s ‘turn back boats’ policy

  29th Apr 2013

  An opinion piece by ALA National President, Anthony Kerin, on Abbott's 'turn back boats' policy.

• Govt reaches new low with its treatment of asylum seekers

  30th Oct 2012

  The Gillard Government has reached a new low in its inhumanity towards asylum seekers, the Australian Lawyers Alliance said today.

• ALA National Civil Justice Award 2012

  26th Oct 2012

  Justice crusaders Eddie Mabo and David Manne are this year’s winners of the Australian Lawyers Alliance National Civil Justice Award.

• 'Malaysian solution' challenger to receive ALA Civil Justice Award

  16th May 2012

  The human rights work of leading immigration lawyer, David Manne, who was the lead player in putting an end to the Federal Government’s ‘Malaysian Solution’ will be recognised at the annual Australian Lawyers Alliance Victorian Conference in Lorne this week.