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Submission to the Joint Parliamentary Inquiry into Immigration Detention

Southern Communities Advocacy Legal and Education Service, (2008) Submission to the Joint Parliamentary Inquiry into Immigration Detention. Submitted to the Joint Standing Committee on Migration .

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Abstract

SCALES Community Legal Centre is a generalist centre servicing the communities of Rockingham and Kwinana south of Perth. It is also a clinical legal education program giving law student from Murdoch University the opportunity to learn and develop their legal skills while providing legal services to those most in need.

SCALES has a long standing and well respected1 practice in the area of human rights and more specifically in assisting refugees and those seeking asylum. SCALES has been providing advice and representation under the IAAAS scheme since 1999. It is from this perspective that SCALES, ably assisted by students from Murdoch University School of Law make this submission.

In order to allow student involvement in the preparation of this submission, we sought an extension and therefore we have had the benefit of reading and considering the many reforms proposed by the Australian government on the 29th of July 2008. We support and applaud these reforms as a large and very important step towards addressing past wrongs and bringing Australian law into line with our international obligations.

We would, however, like to make some further submissions. SCALES recognises that Australia, as an international State, has a right to protect its sovereignty. However, as Australia is an island State our emphasis on territorial security can surely be distinguished from that of other States who share a common border.

SCALES is mindful that the present government has inherited an immigration system that is in need of sensitive reform. The Rudd government's consideration and preparedness to further embrace the principles espoused in international human rights law is applauded and supported. SCALES acknowledges the recent changes in policy however; Australia cannot rest on this alone. SCALES submits that legislative change is required to ensure that what has happened in the past can never happen again. It is essential that international human rights are recognised and embedded in our domestic legal system. Concomitant with this is that effective measures are also developed and applied to our immigration (detention) system that supports Australia to meet its human rights obligations.

Publication Type: Others
Murdoch Affiliation: Southern Communities Advocacy Legal and Education Service
School of Law
Publisher: Southern Communities Advocacy Legal and Education Service
Copyright: Southern Communities Advocacy Legal and Education Service
Publishers Website: http://www.murdoch.edu.au/School-of-Law/Clinical-L...
URI: http://researchrepository.murdoch.edu.au/id/eprint/13515
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