Protecting Vulnerable Refugees
Procedural Fairness in the Australian Fast Track Regime
Bibliographic Data
| ID | 6174126 |
|---|---|
| Authors | Emily G Mcdonald (0000-0003-0783-0624, Monash University), Emily McDonald, Maria O’sullivan (0000-0003-4673-5240) |
| Year | 2018 |
| Volume | 41 |
| Issue | 3 |
| Publication date | 2018-09-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | University of New South Wales Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0313-0096 • E-ISSN: 1839-2881 |
| Publisher | University of New South Wales Law Journal (PUBLISHER • AU) |
| DOI | 10.53637/lqua4141 |
| OpenAlex | W2902837523 |
| Language | EN |
| Citations received | 8 |
Refugee Status Determination is a powerful example of the way in which vulnerability and the law interact. This article examines this interaction by analysing a case study: the special protection visa application procedure in place for certain asylum seekers in Australia (the ‘Fast Track Assessment’ process) and the implications of this for procedural fairness. We conclude that the current legislative framework for the Fast Track Assessment process operates to exacerbate the circumstances of vulnerability of asylum seekers. Efficiency measures are an important way of avoiding delays in decision-making. However it also increases the propensity of such measures to lead to serious legal errors. Considering the serious consequences of an improperly made decision in this context, we argue that high standards of procedural fairness and an oral hearing are required. The article also demonstrates that a central purpose of due process should be to mitigate (rather than exacerbate) circumstances of vulnerability or marginalisation
Computer security · Context (archaeology · Fast track · Law and economics · Legislature · Political science · Process (computing · Project commissioning · Publishing · Refugee · Sociology · Track (disk drive · Vulnerability (computing · Computer Science · European Criminal Justice and Data Protection · Law · Medicine · Migration, Health and Trauma · Migration, Refugees, and Integration
Dialectism
Incorporating Sociolinguistic Perspectives in Australian Refugee Credibility Assessments
Administrative justice theory and benchmarks in mandatory immigration detention
Exclusionary by Design
A Mixed Methods Inquiry into How Legal Professionals Respond to Recurring Trauma and Mental Distress among Refugees and Asylum Seekers with Insecure Visa Status in Australia
I Try Not to Be Dominant, but I’m a Lawyer!’
Norm-busting
Living in Limbo
| Citations per year | 1.33 |
|---|---|
| Citation span | 2020 - 2025 (6) |
| Highly cited | No |