Audrey Macklin
Biographic Data
| ID | 819383 |
|---|---|
| NAME | Audrey Macklin |
| GIVEN NAMES | Audrey |
| FAMILY NAME | Macklin |
| SIGNATURE | MACKLIN A |
| AFFILIATIONS | University of Toronto |
| ORCID | 0000-0002-8716-1637 |
| VERIFIED | Yes |
| TOTAL WORKS | 21 |
| TOTAL CITATIONS | 50 |
| WORKS AS AUTHOR | 20 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 4 |
Theorizing claims making across the citizenship spectrum
Resettlement as Protection
No Exit
Enlisting states of origin or transit to prevent exit from their own territory has become a tool of extraterritorial migration control for industrialised liberal democratic states. This article first explores the practical erosion of the right to leave any country since the demise of communism, focusing on arrangements between EU member states and select African states of origin or transit. I then document the legitimating function performed by t…
Exit Rights, Seamless Borders and the New Carceral State
The human right to leave any country protects an intrinsic interest in free movement and is also a vital pre-condition to seeking asylum. The right to leave attracts little academic interest, but it is quietly being eroded. Exit restrictions in States of origin or transit have become an instrument of extraterritorial migration control for European Union Member States seeking to prevent the arrival of unwanted migrants. This article first explores…
Humanitarian bargains
This article analyzes Canada's private sponsorship of refugees to explore the conceptual and practical limits of humanitarian reason. In private refugee sponsorship, sponsors channel their humanitarian impulse to resettle refugees in a time-limited partnership with both the state and the refugees they sponsor. To gain insight into how sponsors perform their role in this structurally and temporally bounded trajectory, we conducted a national onlin…
Working against and with the State
A handful of Canadian church congregations provide sanctuary to failed asylum seekers. Many also participate in resettling refugees through a government program called private sponsorship. Both sanctuary and sponsorship arise as specific modes of hospitality in response to practices of exclusion and inclusion under national migration regimes. Sanctuary engages oppositional politics, whereby providers confront and challenge state authority to excl…
(In)Essential Bordering
The global migration of COVID-19 not only disrupted transborder movement. In many (if not most) states, statis, and closure became the default norm at and within borders. This, in turn, generated exceptions organized around an idea of “essential” entry. The category of “essential” was produced, revised, and represented through the interaction of pandemic-driven exigencies and nationally specific configurations of the legal, political, and economi…
Like Oil and Water, with a Match
This article examines the gendered reverberations of global capital investment in a conflict zone, from the north with armed conflict in the south. Specifically, the article examines the author’s experience as a member of an independent assessment mission to Sudan appointed by the Canadian government. The team’s mandate was to investigate the link between oil development and human rights violations with particular reference to the Canadian oil co…
On Producing the Alien Within
In this rejoinder I respond to the various contributors and defends my position regarding the normative, legal, and practical deficiencies of citizenship revocation on national security grounds.
The Return of Banishment
From antiquity to the late 20th century, denationalisation was a tool used by states to rid themselves of political dissidents, convicted criminals and ethnic, religious or racial minorities. The latest target of denationalisation is the convicted terrorist, or the suspected terrorist, or the potential terrorist, or maybe the associate of a terrorist. He is virtually always Muslim and male. Citizenship-stripping is sometimes defended in the name …
A Preliminary Investigation into Private Refugee Sponsors
Faith-based and other civil society organizations, along with more ad-hoc groups of Canadians, have sustained a continuous program of private refugee sponsorship in Canada for 40 years. The Syrian refugee exodus inspired thousands of Canadians with little or no prior experience to also take up refugee sponsorship. Little is known about private sponsors, their characteristics and experiences, and the impact of sponsorship on them. This article und…
Is it time to retire Nottebohm
[N]ationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties. It may be said to constitute the juridical expression of the fact that the individual ... is in fact more closely connected with the population of the State conferring nationality than with that of any other State. Scholars of migration and citizens…
Should We Presume State Protection
Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well founded fear” standard. Professor Mac…
Migration, Mobility and Citizenship
Multiculturalism meets privatisation
The debate surrounding judicial recognition of faith-based arbitration is typically framed as a multicultural contest between the liberal, gender-equal neutrality of public law and the patriarchal particularity of religious law. Within this framework, the state is understood as advancing the goal of protecting the ‘encultured subject’ from the disempowering effects of her religion. The author departs from this trend by reading the Canadian contro…
Freeing Migration From the State
Michael Trebilcock's The Law and Economics of Immigration Policy sets out a broad prescriptive model for migration policy. It is informed by a classically liberal endorsement of free movement of labour, a commitment to efficiency, and a preference for market over state regulation. Trebilcock claims that his policy proposal will significantly liberalize immigration in prosperous liberal democratic states and be politically palatable. The key lies …
Legal Aspects of Conflict-Induced Migration by Women
This paper surveys the international legal frameworks, including the many guidelines, handbooks, resolutions, toolkits, conclusions and manuals produced by various United Nations bodies, that confirm an awareness of the protection issues specific to women and girls displaced by conflict. It explores the extent to which these documents address the gendered impacts of conflict-induced migration, and the role of United Nations bodies as internationa…
Separation or Permeability
Dirk Hoerder, Audrey Macklin, Separation or Permeability: Bordered States, Transnational Relations, Transcultural Lives, International Journal, Vol. 61, No. 4, Gidsland: Is There a Mentor State? (Autumn, 2006), pp. 793-812
Dancing across Borders
This article analyzes a Canadian immigration program that authorizes issuance of temporary work visas to ‘exotic dancers.’ In response to public criticism that the government was thereby implicated in the transnational trafficking of women into sexual exploitation, Citizenship and Immigration Canada retained the visa program de jure but eliminated it de facto. Using a legal and discursive analysis that focuses on the production of female labor mi…
Mr. Suresh and the Evil Twin
In Suresh v. Minister of Citizenship and Immigration and Ahani v. MCI, the Supreme Court of Canada declared that removing a refugee accused of terrorism to a country where he or she would face a substantial risk of torture or similar abuse would virtually always violate the individual’s rights under s. 7 of the Canadian Charter of Rights and Freedoms. While the Court deserves praise for vindicating fundamental human rights over competing claims o…
New Directions for Refugee Policy
the country of asylum could actually benefit from the infusion of more people. Although Canada appears less draconian than some nations in dealing with claimants who actually arrive within its borders, it has also pioneered many deflection strategies. Moreover, Canada’s relatively remoteness from the major refugeeand migrant-producing regions of the world means that (despite media reports to the contrary) it receives few undocumented migrants and…
A Preliminary Investigation into Private Refugee Sponsors
Faith-based and other civil society organizations, along with more ad-hoc groups of Canadians, have sustained a continuous program of private refugee sponsorship in Canada for 40 years. The Syrian refugee exodus inspired thousands of Canadians with little or no prior experience to also take up refugee sponsorship. Little is known about private sponsors, their characteristics and experiences, and the impact of sponsorship on them. This article und…
Dancing across Borders
This article analyzes a Canadian immigration program that authorizes issuance of temporary work visas to ‘exotic dancers.’ In response to public criticism that the government was thereby implicated in the transnational trafficking of women into sexual exploitation, Citizenship and Immigration Canada retained the visa program de jure but eliminated it de facto. Using a legal and discursive analysis that focuses on the production of female labor mi…
(In)Essential Bordering
The global migration of COVID-19 not only disrupted transborder movement. In many (if not most) states, statis, and closure became the default norm at and within borders. This, in turn, generated exceptions organized around an idea of “essential” entry. The category of “essential” was produced, revised, and represented through the interaction of pandemic-driven exigencies and nationally specific configurations of the legal, political, and economi…
Humanitarian bargains
This article analyzes Canada's private sponsorship of refugees to explore the conceptual and practical limits of humanitarian reason. In private refugee sponsorship, sponsors channel their humanitarian impulse to resettle refugees in a time-limited partnership with both the state and the refugees they sponsor. To gain insight into how sponsors perform their role in this structurally and temporally bounded trajectory, we conducted a national onlin…
Freeing Migration From the State
Michael Trebilcock's The Law and Economics of Immigration Policy sets out a broad prescriptive model for migration policy. It is informed by a classically liberal endorsement of free movement of labour, a commitment to efficiency, and a preference for market over state regulation. Trebilcock claims that his policy proposal will significantly liberalize immigration in prosperous liberal democratic states and be politically palatable. The key lies …
No Exit
Enlisting states of origin or transit to prevent exit from their own territory has become a tool of extraterritorial migration control for industrialised liberal democratic states. This article first explores the practical erosion of the right to leave any country since the demise of communism, focusing on arrangements between EU member states and select African states of origin or transit. I then document the legitimating function performed by t…
Mr. Suresh and the Evil Twin
In Suresh v. Minister of Citizenship and Immigration and Ahani v. MCI, the Supreme Court of Canada declared that removing a refugee accused of terrorism to a country where he or she would face a substantial risk of torture or similar abuse would virtually always violate the individual’s rights under s. 7 of the Canadian Charter of Rights and Freedoms. While the Court deserves praise for vindicating fundamental human rights over competing claims o…
New Directions for Refugee Policy
the country of asylum could actually benefit from the infusion of more people. Although Canada appears less draconian than some nations in dealing with claimants who actually arrive within its borders, it has also pioneered many deflection strategies. Moreover, Canada’s relatively remoteness from the major refugeeand migrant-producing regions of the world means that (despite media reports to the contrary) it receives few undocumented migrants and…
Mr. Suresh and the Evil Twin
In Suresh v. Minister of Citizenship and Immigration and Ahani v. MCI, the Supreme Court of Canada declared that removing a refugee accused of terrorism to a country where he or she would face a substantial risk of torture or similar abuse would virtually always violate the individual’s rights under s. 7 of the Canadian Charter of Rights and Freedoms. While the Court deserves praise for vindicating fundamental human rights over competing claims o…
Dancing across Borders
This article analyzes a Canadian immigration program that authorizes issuance of temporary work visas to ‘exotic dancers.’ In response to public criticism that the government was thereby implicated in the transnational trafficking of women into sexual exploitation, Citizenship and Immigration Canada retained the visa program de jure but eliminated it de facto. Using a legal and discursive analysis that focuses on the production of female labor mi…
Separation or Permeability
Dirk Hoerder, Audrey Macklin, Separation or Permeability: Bordered States, Transnational Relations, Transcultural Lives, International Journal, Vol. 61, No. 4, Gidsland: Is There a Mentor State? (Autumn, 2006), pp. 793-812
Legal Aspects of Conflict-Induced Migration by Women
This paper surveys the international legal frameworks, including the many guidelines, handbooks, resolutions, toolkits, conclusions and manuals produced by various United Nations bodies, that confirm an awareness of the protection issues specific to women and girls displaced by conflict. It explores the extent to which these documents address the gendered impacts of conflict-induced migration, and the role of United Nations bodies as internationa…
Freeing Migration From the State
Michael Trebilcock's The Law and Economics of Immigration Policy sets out a broad prescriptive model for migration policy. It is informed by a classically liberal endorsement of free movement of labour, a commitment to efficiency, and a preference for market over state regulation. Trebilcock claims that his policy proposal will significantly liberalize immigration in prosperous liberal democratic states and be politically palatable. The key lies …
Multiculturalism meets privatisation
The debate surrounding judicial recognition of faith-based arbitration is typically framed as a multicultural contest between the liberal, gender-equal neutrality of public law and the patriarchal particularity of religious law. Within this framework, the state is understood as advancing the goal of protecting the ‘encultured subject’ from the disempowering effects of her religion. The author departs from this trend by reading the Canadian contro…
Migration, Mobility and Citizenship
Should We Presume State Protection
Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well founded fear” standard. Professor Mac…
Is it time to retire Nottebohm
[N]ationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties. It may be said to constitute the juridical expression of the fact that the individual ... is in fact more closely connected with the population of the State conferring nationality than with that of any other State. Scholars of migration and citizens…
On Producing the Alien Within
In this rejoinder I respond to the various contributors and defends my position regarding the normative, legal, and practical deficiencies of citizenship revocation on national security grounds.
The Return of Banishment
From antiquity to the late 20th century, denationalisation was a tool used by states to rid themselves of political dissidents, convicted criminals and ethnic, religious or racial minorities. The latest target of denationalisation is the convicted terrorist, or the suspected terrorist, or the potential terrorist, or maybe the associate of a terrorist. He is virtually always Muslim and male. Citizenship-stripping is sometimes defended in the name …
A Preliminary Investigation into Private Refugee Sponsors
Faith-based and other civil society organizations, along with more ad-hoc groups of Canadians, have sustained a continuous program of private refugee sponsorship in Canada for 40 years. The Syrian refugee exodus inspired thousands of Canadians with little or no prior experience to also take up refugee sponsorship. Little is known about private sponsors, their characteristics and experiences, and the impact of sponsorship on them. This article und…
Like Oil and Water, with a Match
This article examines the gendered reverberations of global capital investment in a conflict zone, from the north with armed conflict in the south. Specifically, the article examines the author’s experience as a member of an independent assessment mission to Sudan appointed by the Canadian government. The team’s mandate was to investigate the link between oil development and human rights violations with particular reference to the Canadian oil co…
(In)Essential Bordering
The global migration of COVID-19 not only disrupted transborder movement. In many (if not most) states, statis, and closure became the default norm at and within borders. This, in turn, generated exceptions organized around an idea of “essential” entry. The category of “essential” was produced, revised, and represented through the interaction of pandemic-driven exigencies and nationally specific configurations of the legal, political, and economi…
Working against and with the State
A handful of Canadian church congregations provide sanctuary to failed asylum seekers. Many also participate in resettling refugees through a government program called private sponsorship. Both sanctuary and sponsorship arise as specific modes of hospitality in response to practices of exclusion and inclusion under national migration regimes. Sanctuary engages oppositional politics, whereby providers confront and challenge state authority to excl…
Humanitarian bargains
This article analyzes Canada's private sponsorship of refugees to explore the conceptual and practical limits of humanitarian reason. In private refugee sponsorship, sponsors channel their humanitarian impulse to resettle refugees in a time-limited partnership with both the state and the refugees they sponsor. To gain insight into how sponsors perform their role in this structurally and temporally bounded trajectory, we conducted a national onlin…
Exit Rights, Seamless Borders and the New Carceral State
The human right to leave any country protects an intrinsic interest in free movement and is also a vital pre-condition to seeking asylum. The right to leave attracts little academic interest, but it is quietly being eroded. Exit restrictions in States of origin or transit have become an instrument of extraterritorial migration control for European Union Member States seeking to prevent the arrival of unwanted migrants. This article first explores…
Resettlement as Protection
No Exit
Enlisting states of origin or transit to prevent exit from their own territory has become a tool of extraterritorial migration control for industrialised liberal democratic states. This article first explores the practical erosion of the right to leave any country since the demise of communism, focusing on arrangements between EU member states and select African states of origin or transit. I then document the legitimating function performed by t…
Theorizing claims making across the citizenship spectrum
Law (18 works) · Political science (18 works) · Sociology (14 works) · Law (12 works) · Citizenship (9 works) · Politics (9 works) · Migration, Refugees, and Integration (7 works) · Refugee (7 works) · State (computer science (6 works) · Immigration (5 works)