Savitri Taylor
Biographic Data
| ID | 3797554 |
|---|---|
| NAME | Savitri Taylor |
| GIVEN NAMES | Savitri |
| FAMILY NAME | Taylor |
| SIGNATURE | TAYLOR S |
| AFFILIATIONS | La Trobe University |
| ORCID | 0000-0003-3114-3453 |
| VERIFIED | Yes |
| TOTAL WORKS | 23 |
| TOTAL CITATIONS | 29 |
| WORKS AS AUTHOR | 23 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2000 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Shaping Norms
The emergence in the 1990s of voluntary repatriation as a significant new norm in the United Nations High Commissioner for Refugees (UNHCR) practice in refugee protection is often represented as something of an inevitability. Numerous scholars have suggested that the growth at UNHCR of a “repatriation culture” throughout the 1980s was principally the result of the increasing pressures of mass influx events alongside the challenges of dwindling re…
Human rights and community protection in the aftermath of indefinite detention
Reflections on the Australian Human Rights Commission
As the 40th anniversary of the Australian Human Rights Commission nears, we draw on the lessons from the AHRC’s work on asylum and refugee policy to identify areas of strength and of weakness in its contemporary context. We begin by describing the role of the AHRC in asylum and refugee policy. We then examine three key areas. First, we examine the independence of the AHRC, and the institutional and other protections needed to sustain this. Second…
Anxieties about a Porous Border
Introduction. The Spirit of International Solidarity, the Right to Asylum, and the Response to Displacement
A Masterclass in Evading the Rule of Law
For over a year, the then Minister for Immigration successfully avoided granting permanent protection to refugees who came by boat. His newly elected government had promised to re-introduce a temporary protection regime, but came to power without the numbers to pass necessary legislation. In order to achieve his policy objective, the Minister chose to engage in a variety of legally dubious tactics to forestall and delay granting permanent protect…
Australia and the Abortive Convention on Territorial Asylum
Focusing on the period from the adoption of the 1967 Declaration on Territorial Asylum to the 1977 Conference of Plenipotentiaries on Territorial Asylum in Geneva, this article examines attempts to arrive at an international treaty on territorial asylum. Charting the trajectory of the drafting process, it shows how the ambition of international lawyers and UNHCR to go beyond article 14 of the Universal Declaration of Human Rights and the 1967 Dec…
He has to take his chances’
Drawing on previously unexamined archival records, this article explores the Australian government’s attempts to deport a Cuban national who had been resettled in Australia as a refugee in 1980, in 1987 was sentenced to two years in prison on assault charges, and in 1991 was left stranded at Singapore Airport because Cuba refused to facilitate his repatriation. Before the Singaporean government enforced his return to Australia, Parliament passed …
Australia's diplomatic asylum initiative at the United Nations
In 1974, Australia took the initiative to have an item on diplomatic asylum inscribed on the UN General Assembly's agenda for that year. Its original ambition was to procure an international treaty on the subject. It also investigates the impact that Australia's initiative at the UN had on its foreign policy practice in relation to diplomatic asylum through two administrations: the Whitlam government (5 December 1972–11 November 1975) and the Fra…
The Ballerina and the Minister
On 22 April 1980, Australian Foreign Minister Andrew Peacock announced that East German ballet dancer Heidrun Giersch had been granted political asylum. His announcement came as a surprise, because it made Giersch become one of only a handful of people ever to be granted political asylum in Australia. This article explores the circumstances that led to Peacock's decision. We argue that it was not informed by considerations about any persecution f…
Australia and the 1967 Declaration on Territorial Asylum
This article analyses the drafting process of the 1967 Declaration on Territorial Asylum, with particular attention given to the internal deliberations of the Australian government, which, at the time and since, has been a key contributor to the formation of international refugee and human rights law. It demonstrates that the Australian government believed that by voting for the Declaration it would commit itself to responding to requests for asy…
Refugee family reunion
This article demonstrates that many refugees in Australia are deliberately denied a realistic prospect of achieving family reunion. It then explains why, in cases not involving child refugees in Australia, Australia has significant room to deny any international obligation to enable refugee family reunion. Finally, it discusses what might have been, if international legal history had played out a little differently
The myth of transit
An increasing number of migrants are living in a state of indefinite ‘transit’. In this paper, we report on interviews conducted in 2009 with 59 refugees and asylum seekers in Indonesia and describe how these individuals make a life despite their circumstances. While all participants were deeply affected by their position of uncertainty and insecurity, most sought to transcend these conditions and pursue significant life projects such as getting …
Growing Pains
The mission of the Asia Pacific Refugee Rights Network (APRRN), as stated in its Constitution, is 'to advance the rights of refugees and other people in need of protection in the Asia Pacific region'. This article describes and analyses APRRN's internal governance and resourcing and the manner in which it is going about achieving its mission. It argues that APRRN's organisational strength is inadequate to support all that it is trying to do. The …
Australia, Indonesia, and West Papuan refugees, 1962-2009
In this paper we examine the Australian government's response to West Papuan asylum-seekers during the period 1962–2009. We argue that, throughout this period, the Australian government has attempted to appease the sensitivities of its powerful northern neighbour, Indonesia, as far as it can without outraging a domestic public sympathetic to West Papuans or drawing international condemnation by too obviously breaching international law. For the m…
Migration and Human Security in the Asia–Pacific Region
Additional informationNotes on contributorsSavitri TaylorSavitri Taylor, School of Law, La Trobe University Victoria 3086, Australia. Email
Protection Elsewhere/Nowhere
The Australian Government takes the position that it does not owe protection obligations to an asylum seeker who could have sought protection elsewhere. In taking this position it is purporting to invoke the so-called ‘safe third country’ principle which has developed out of international practice. This article examines Australia's purported applications of the ‘safe third country’ principle and concludes that in some instances they represent an …
Australia and Stateless Palestinians
This article considers Australia’s treatment of stateless Palestinian asylum seekers and discusses whether that treatment discharges Australia’s legal and/or moral obligations towards the individuals in question. The conclusion drawn is that it does not
Using the principle of non-discrimination to reconcile the national contract with the global compact
The argument of this article is that the best way to reconcile the national social contract with the global compact is to ensure that the terms of the national social contract are compatible with the principle of non-discrimination. It suggests that if national societies were seriously guided by the principle of non-discrimination, the response to the rights claims of non-citizens would be a lot different from the present situation, without, in f…
The human rights implications of the psychosocial harm caused by Australia's temporary protection regime
This article argues that Australia’s temporary protection regime is flawed because it is not designed to ensure that the psychosocial harm that temporary status (and its accompanying disadvantages) inflicts on an individual will never be so great as to amount to ‘cruel, inhuman or degrading treatment’ within the meaning of art 7 of the International Covenant of Civil and Political Rights (ICCPR). Available for download at http://www.austlii.edu.a…
From Border Control to Migration Management
Today most international migratory movement is from the rest of the world to the West. Much of this movement is irregular because the opportunities available for authorized migration to Western countries are extremely limited. The main argument made in this article is that Western countries need not, should not and cannot control transborder movement in the manner attempted until now, but that they can and should cooperate with countries of origi…
Exclusion from protection of persons of ‘bad character’
(2002). Exclusion from protection of persons of ‘bad character’: is Australia fulfilling its treaty-based non-refoulement obligations? Australian Journal of Human Rights: Vol. 8, No. 1, pp. 83-106
Should unauthorised arrivals in Australia have free access to advice and assistance
This article argues that unauthorised arrivals in Australia have a need for access to independent and competent advice and assistance, which is not being met adequately at present. The article further argues that the consequences are two-fold. First, it is likely that some unauthorised arrivals are being removed from Australia in breach of Australia's international protection obligations. Second, by making membership of community the basis on whi…
The myth of transit
An increasing number of migrants are living in a state of indefinite ‘transit’. In this paper, we report on interviews conducted in 2009 with 59 refugees and asylum seekers in Indonesia and describe how these individuals make a life despite their circumstances. While all participants were deeply affected by their position of uncertainty and insecurity, most sought to transcend these conditions and pursue significant life projects such as getting …
From Border Control to Migration Management
Today most international migratory movement is from the rest of the world to the West. Much of this movement is irregular because the opportunities available for authorized migration to Western countries are extremely limited. The main argument made in this article is that Western countries need not, should not and cannot control transborder movement in the manner attempted until now, but that they can and should cooperate with countries of origi…
Australia, Indonesia, and West Papuan refugees, 1962-2009
In this paper we examine the Australian government's response to West Papuan asylum-seekers during the period 1962–2009. We argue that, throughout this period, the Australian government has attempted to appease the sensitivities of its powerful northern neighbour, Indonesia, as far as it can without outraging a domestic public sympathetic to West Papuans or drawing international condemnation by too obviously breaching international law. For the m…
A Masterclass in Evading the Rule of Law
For over a year, the then Minister for Immigration successfully avoided granting permanent protection to refugees who came by boat. His newly elected government had promised to re-introduce a temporary protection regime, but came to power without the numbers to pass necessary legislation. In order to achieve his policy objective, the Minister chose to engage in a variety of legally dubious tactics to forestall and delay granting permanent protect…
Refugee family reunion
This article demonstrates that many refugees in Australia are deliberately denied a realistic prospect of achieving family reunion. It then explains why, in cases not involving child refugees in Australia, Australia has significant room to deny any international obligation to enable refugee family reunion. Finally, it discusses what might have been, if international legal history had played out a little differently
Growing Pains
The mission of the Asia Pacific Refugee Rights Network (APRRN), as stated in its Constitution, is 'to advance the rights of refugees and other people in need of protection in the Asia Pacific region'. This article describes and analyses APRRN's internal governance and resourcing and the manner in which it is going about achieving its mission. It argues that APRRN's organisational strength is inadequate to support all that it is trying to do. The …
The human rights implications of the psychosocial harm caused by Australia's temporary protection regime
This article argues that Australia’s temporary protection regime is flawed because it is not designed to ensure that the psychosocial harm that temporary status (and its accompanying disadvantages) inflicts on an individual will never be so great as to amount to ‘cruel, inhuman or degrading treatment’ within the meaning of art 7 of the International Covenant of Civil and Political Rights (ICCPR). Available for download at http://www.austlii.edu.a…
Should unauthorised arrivals in Australia have free access to advice and assistance
This article argues that unauthorised arrivals in Australia have a need for access to independent and competent advice and assistance, which is not being met adequately at present. The article further argues that the consequences are two-fold. First, it is likely that some unauthorised arrivals are being removed from Australia in breach of Australia's international protection obligations. Second, by making membership of community the basis on whi…
Exclusion from protection of persons of ‘bad character’
(2002). Exclusion from protection of persons of ‘bad character’: is Australia fulfilling its treaty-based non-refoulement obligations? Australian Journal of Human Rights: Vol. 8, No. 1, pp. 83-106
Using the principle of non-discrimination to reconcile the national contract with the global compact
The argument of this article is that the best way to reconcile the national social contract with the global compact is to ensure that the terms of the national social contract are compatible with the principle of non-discrimination. It suggests that if national societies were seriously guided by the principle of non-discrimination, the response to the rights claims of non-citizens would be a lot different from the present situation, without, in f…
The human rights implications of the psychosocial harm caused by Australia's temporary protection regime
This article argues that Australia’s temporary protection regime is flawed because it is not designed to ensure that the psychosocial harm that temporary status (and its accompanying disadvantages) inflicts on an individual will never be so great as to amount to ‘cruel, inhuman or degrading treatment’ within the meaning of art 7 of the International Covenant of Civil and Political Rights (ICCPR). Available for download at http://www.austlii.edu.a…
From Border Control to Migration Management
Today most international migratory movement is from the rest of the world to the West. Much of this movement is irregular because the opportunities available for authorized migration to Western countries are extremely limited. The main argument made in this article is that Western countries need not, should not and cannot control transborder movement in the manner attempted until now, but that they can and should cooperate with countries of origi…
Protection Elsewhere/Nowhere
The Australian Government takes the position that it does not owe protection obligations to an asylum seeker who could have sought protection elsewhere. In taking this position it is purporting to invoke the so-called ‘safe third country’ principle which has developed out of international practice. This article examines Australia's purported applications of the ‘safe third country’ principle and concludes that in some instances they represent an …
Australia and Stateless Palestinians
This article considers Australia’s treatment of stateless Palestinian asylum seekers and discusses whether that treatment discharges Australia’s legal and/or moral obligations towards the individuals in question. The conclusion drawn is that it does not
Migration and Human Security in the Asia–Pacific Region
Additional informationNotes on contributorsSavitri TaylorSavitri Taylor, School of Law, La Trobe University Victoria 3086, Australia. Email
Australia, Indonesia, and West Papuan refugees, 1962-2009
In this paper we examine the Australian government's response to West Papuan asylum-seekers during the period 1962–2009. We argue that, throughout this period, the Australian government has attempted to appease the sensitivities of its powerful northern neighbour, Indonesia, as far as it can without outraging a domestic public sympathetic to West Papuans or drawing international condemnation by too obviously breaching international law. For the m…
The myth of transit
An increasing number of migrants are living in a state of indefinite ‘transit’. In this paper, we report on interviews conducted in 2009 with 59 refugees and asylum seekers in Indonesia and describe how these individuals make a life despite their circumstances. While all participants were deeply affected by their position of uncertainty and insecurity, most sought to transcend these conditions and pursue significant life projects such as getting …
Growing Pains
The mission of the Asia Pacific Refugee Rights Network (APRRN), as stated in its Constitution, is 'to advance the rights of refugees and other people in need of protection in the Asia Pacific region'. This article describes and analyses APRRN's internal governance and resourcing and the manner in which it is going about achieving its mission. It argues that APRRN's organisational strength is inadequate to support all that it is trying to do. The …
The Ballerina and the Minister
On 22 April 1980, Australian Foreign Minister Andrew Peacock announced that East German ballet dancer Heidrun Giersch had been granted political asylum. His announcement came as a surprise, because it made Giersch become one of only a handful of people ever to be granted political asylum in Australia. This article explores the circumstances that led to Peacock's decision. We argue that it was not informed by considerations about any persecution f…
Australia and the 1967 Declaration on Territorial Asylum
This article analyses the drafting process of the 1967 Declaration on Territorial Asylum, with particular attention given to the internal deliberations of the Australian government, which, at the time and since, has been a key contributor to the formation of international refugee and human rights law. It demonstrates that the Australian government believed that by voting for the Declaration it would commit itself to responding to requests for asy…
Refugee family reunion
This article demonstrates that many refugees in Australia are deliberately denied a realistic prospect of achieving family reunion. It then explains why, in cases not involving child refugees in Australia, Australia has significant room to deny any international obligation to enable refugee family reunion. Finally, it discusses what might have been, if international legal history had played out a little differently
He has to take his chances’
Drawing on previously unexamined archival records, this article explores the Australian government’s attempts to deport a Cuban national who had been resettled in Australia as a refugee in 1980, in 1987 was sentenced to two years in prison on assault charges, and in 1991 was left stranded at Singapore Airport because Cuba refused to facilitate his repatriation. Before the Singaporean government enforced his return to Australia, Parliament passed …
Australia's diplomatic asylum initiative at the United Nations
In 1974, Australia took the initiative to have an item on diplomatic asylum inscribed on the UN General Assembly's agenda for that year. Its original ambition was to procure an international treaty on the subject. It also investigates the impact that Australia's initiative at the UN had on its foreign policy practice in relation to diplomatic asylum through two administrations: the Whitlam government (5 December 1972–11 November 1975) and the Fra…
Australia and the Abortive Convention on Territorial Asylum
Focusing on the period from the adoption of the 1967 Declaration on Territorial Asylum to the 1977 Conference of Plenipotentiaries on Territorial Asylum in Geneva, this article examines attempts to arrive at an international treaty on territorial asylum. Charting the trajectory of the drafting process, it shows how the ambition of international lawyers and UNHCR to go beyond article 14 of the Universal Declaration of Human Rights and the 1967 Dec…
Introduction. The Spirit of International Solidarity, the Right to Asylum, and the Response to Displacement
A Masterclass in Evading the Rule of Law
For over a year, the then Minister for Immigration successfully avoided granting permanent protection to refugees who came by boat. His newly elected government had promised to re-introduce a temporary protection regime, but came to power without the numbers to pass necessary legislation. In order to achieve his policy objective, the Minister chose to engage in a variety of legally dubious tactics to forestall and delay granting permanent protect…
Reflections on the Australian Human Rights Commission
As the 40th anniversary of the Australian Human Rights Commission nears, we draw on the lessons from the AHRC’s work on asylum and refugee policy to identify areas of strength and of weakness in its contemporary context. We begin by describing the role of the AHRC in asylum and refugee policy. We then examine three key areas. First, we examine the independence of the AHRC, and the institutional and other protections needed to sustain this. Second…
Anxieties about a Porous Border
Shaping Norms
The emergence in the 1990s of voluntary repatriation as a significant new norm in the United Nations High Commissioner for Refugees (UNHCR) practice in refugee protection is often represented as something of an inevitability. Numerous scholars have suggested that the growth at UNHCR of a “repatriation culture” throughout the 1980s was principally the result of the increasing pressures of mass influx events alongside the challenges of dwindling re…
Human rights and community protection in the aftermath of indefinite detention
Political science (22 works) · Law (15 works) · Law (14 works) · Migration, Refugees, and Integration (14 works) · Sociology (12 works) · Refugee (11 works) · Politics (10 works) · Human rights (9 works) · Government (linguistics (8 works) · Business (6 works)