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Refugees: Why seeking asylum is legal and Australia's policies are not
Stopping the boats, blocking queue-jumpers, and proving who is a “real” refugee have become national obsessions. Misconceptions about refugees and asylum-seekers seem to be increasing, and governments and media continue to exploit anxieties in the community. This clear-headed book rejects spin and panic to explain what our obligations are and who the refugees and asylum-seekers are. It shows that there is a gap between the rhetoric and the legislated rights of refugees, who have been resettled from camps abroad, and asylum-seekers, who arrive by boat. It explains the difference between asylum-seekers, refugees, and migrants. It shows why asylum-seeker policies, developed over decades, are at odds with legal obligations. With real-life examples, the book reminds us that we are talking about real people and their children.
240 pages, Paperback
First published September 1, 2014
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Displaying 1 - 17 of 17 reviews
April 20, 2019
I've known for many years that Australia's policy approach toward refugees and asylum seekers is not great. I didn't fully understand, though, just how awful it is and how much these policies breach our international treaties and obligations.
I read this book not only because I was personally interested to better understand Australia's refugees policies, but also because it relates closely to my studies. Refugees delivered on both fronts. It's really accessible and easy to read; McAdam and Chong don't make it hard to understand what they're saying. You would think that would go without saying given the purpose of the book, but so many academic writers are just... not good writers. The authors here make their points clear. They outline exactly how Australia's policies breach international agreements, dismantle the government's weak explanations, and present some thoughts about how to better heed our obligations with efficiency and humanity.
Importantly, even though I had plenty of background knowledge that supported my reading of Refugees, I do think this is a book that anyone could read and learn from, especially Australians.
I'm interested to look into how Australia's policies may have adjusted since the book's 2014 publication, but I doubt very much that they've changed for the better at all—especially with former Immigration Minister Scott Morrison as Prime Minister.
I read this book not only because I was personally interested to better understand Australia's refugees policies, but also because it relates closely to my studies. Refugees delivered on both fronts. It's really accessible and easy to read; McAdam and Chong don't make it hard to understand what they're saying. You would think that would go without saying given the purpose of the book, but so many academic writers are just... not good writers. The authors here make their points clear. They outline exactly how Australia's policies breach international agreements, dismantle the government's weak explanations, and present some thoughts about how to better heed our obligations with efficiency and humanity.
Importantly, even though I had plenty of background knowledge that supported my reading of Refugees, I do think this is a book that anyone could read and learn from, especially Australians.
I'm interested to look into how Australia's policies may have adjusted since the book's 2014 publication, but I doubt very much that they've changed for the better at all—especially with former Immigration Minister Scott Morrison as Prime Minister.
October 2, 2014
The best books are those that make you think things you've never thought before. This is such a book.
This is not a long book. Every Australian should give up 3-4 hours of their time to read it. It contains things that everyone needs to know. Things I did not know. Things I had no idea were actually happening, right now, here in Australia.
In "Refugees", McAdam and Chong present a calm, steady voice that completely deconstructs Australia's policies on asylum seekers, refugees and boat people. There is no bleeding heart liberalism and there is no appeal to our emotions - there are just hard, shocking, facts of law.
This book was written in mid-2014, and so is an excellent analysis of what is happening right now. However, as circumstances evolve and change in the future, I suspect I'll be reading and re-reading this book as a voice of reason in a confusing world of spin and half-truths.
I greatly enjoyed this book, but for me it left three questions unaddressed, which perhaps the authors can consider in future editions:
1. The book emphasises that Australia's border protection policies are not an effective deterrent. How should this be reconciled with the government's current claim that there have been no boat arrivals since "Operation Sovereign Borders" commenced? Is this simply that the number of boats is utterly unchanged but they are all being turned back? That seems hard to believe - how confident are the authors that there is no deterrent effect of the turn-back policy?
2. The authors argue that Australia can only meet its international convention obligations through a Bill of Rights, which the courts could then use to overturn some awful aspects of the Migration Act and other laws. However, in the USA, some aspects of their Bill of Rights have been ruled to only apply to citizens and residents. A similar Bill of Rights in Australia could similarly be interpreted to not apply to asylum seekers. One could word a Bill of Rights so that it applies to foreigners, but this would open up many other cans of worms.
3. The authors argue that many of the migration laws passed by Parliament are illegal, expensive and inefficient. However, the people drafting these laws are highly trained experts, and the problems with these laws are not the results of errors or oversights. The lawmakers know about all the issues this book raises, but proceed regardless. What this book does not discuss are the reasons behind the decisions to enact these laws. The answer is that these laws are vote-winners. This raises a set of deeper issues about Australian society that need to be explicitly discussed if people and politicians are to make change.
This is not a long book. Every Australian should give up 3-4 hours of their time to read it. It contains things that everyone needs to know. Things I did not know. Things I had no idea were actually happening, right now, here in Australia.
In "Refugees", McAdam and Chong present a calm, steady voice that completely deconstructs Australia's policies on asylum seekers, refugees and boat people. There is no bleeding heart liberalism and there is no appeal to our emotions - there are just hard, shocking, facts of law.
This book was written in mid-2014, and so is an excellent analysis of what is happening right now. However, as circumstances evolve and change in the future, I suspect I'll be reading and re-reading this book as a voice of reason in a confusing world of spin and half-truths.
I greatly enjoyed this book, but for me it left three questions unaddressed, which perhaps the authors can consider in future editions:
1. The book emphasises that Australia's border protection policies are not an effective deterrent. How should this be reconciled with the government's current claim that there have been no boat arrivals since "Operation Sovereign Borders" commenced? Is this simply that the number of boats is utterly unchanged but they are all being turned back? That seems hard to believe - how confident are the authors that there is no deterrent effect of the turn-back policy?
2. The authors argue that Australia can only meet its international convention obligations through a Bill of Rights, which the courts could then use to overturn some awful aspects of the Migration Act and other laws. However, in the USA, some aspects of their Bill of Rights have been ruled to only apply to citizens and residents. A similar Bill of Rights in Australia could similarly be interpreted to not apply to asylum seekers. One could word a Bill of Rights so that it applies to foreigners, but this would open up many other cans of worms.
3. The authors argue that many of the migration laws passed by Parliament are illegal, expensive and inefficient. However, the people drafting these laws are highly trained experts, and the problems with these laws are not the results of errors or oversights. The lawmakers know about all the issues this book raises, but proceed regardless. What this book does not discuss are the reasons behind the decisions to enact these laws. The answer is that these laws are vote-winners. This raises a set of deeper issues about Australian society that need to be explicitly discussed if people and politicians are to make change.
January 11, 2015
Should be in all school libraries and mandatory reading for anyone who uses the words "illegals" or "boat people".
June 9, 2020
"I told [the flight attendant] that I was writing a book about refugees and asylum seekers. 'That's so interesting!' she exclaimed, clearly sympathetic to the concept. 'Are you writing about the legal ones or the illegal ones?'"
I have had the pleasure of attending a few guest lectures by the author, Professor Jane McAdam, an academic and expert on refugee law. I left those lectures challenged and more informed. This book was no exception. The author's sheer academic output on refugee law and related topics is formidable.
It is no surprise then that this book is academically rigorous. But it is not intimidating. It is clear and concise. While some academic works on this topic (or any legal topic) are dense and uninviting, the book manages to clearly detail Australia's legal framework and policies in an accessible way. No legal background is assumed or required. It gives a balanced and factual account of Australia's asylum policies in light of international law, and explains who asylum seekers and refugees are, what the law is, and what policies like offshore processing, mandatory detention and turning back boats mean in practice. The book was first published in 2014 and I thought it might have aged quickly, as refugee law and policy changes by the minute in Australia, but, as the author has evaluated Australia's laws and policies under international law, and focused on these key themes, the analysis presented in the book remains consistent.
There is no evangelism in this book. With cold facts, the book devastates bipartisan political rhetoric and deconstructs the problematic notions (like the one quoted above) about asylum seekers and refugees that sadly permeate Australian society. It is impossible to escape the human impact of these policies, which should not be ignored, and hopefully the book leaves readers more able to counter the misinformation that enables the construction of elaborate policies that deny justice to people seeking our protection in the first place.
I have had the pleasure of attending a few guest lectures by the author, Professor Jane McAdam, an academic and expert on refugee law. I left those lectures challenged and more informed. This book was no exception. The author's sheer academic output on refugee law and related topics is formidable.
It is no surprise then that this book is academically rigorous. But it is not intimidating. It is clear and concise. While some academic works on this topic (or any legal topic) are dense and uninviting, the book manages to clearly detail Australia's legal framework and policies in an accessible way. No legal background is assumed or required. It gives a balanced and factual account of Australia's asylum policies in light of international law, and explains who asylum seekers and refugees are, what the law is, and what policies like offshore processing, mandatory detention and turning back boats mean in practice. The book was first published in 2014 and I thought it might have aged quickly, as refugee law and policy changes by the minute in Australia, but, as the author has evaluated Australia's laws and policies under international law, and focused on these key themes, the analysis presented in the book remains consistent.
There is no evangelism in this book. With cold facts, the book devastates bipartisan political rhetoric and deconstructs the problematic notions (like the one quoted above) about asylum seekers and refugees that sadly permeate Australian society. It is impossible to escape the human impact of these policies, which should not be ignored, and hopefully the book leaves readers more able to counter the misinformation that enables the construction of elaborate policies that deny justice to people seeking our protection in the first place.
November 24, 2017
A great book that EVERY Australian would benefit from reading, regardless of where you stand in the debates surrounding refugees and asylum seekers. You will find no evangelism in this book, just facts.
"Certain problematic notions about refugees and asylum seekers appear to have taken root in the Australian community. These have led a growing number of ordinary Australian - decent, kind and well-meaning people - to support tough 'border protection' measures, ostensibly designed to 'stop the boats' and 'save lives at sea'.
If you listen to our politicians or much of the media, you might well believe that asylum seekers are 'illegal'. You might think that asylum seekers pose a potential threat to our national security and that the government is right to keep them from our shores. Or you might take a humanitarian stance, believing that drastic immigration policies, although potentially harsh in effect, are necessary to deter asylum seekers from endangering their lives by taking risky boat journeys to Australia.
However logic these conclusions might seem, the problem is they are based on flawed understandings. Successive governments (aided by much of the media) have exploited public anxieties about border security to create a rhetorical - and, ultimately, legislative - divide between the rights of so-called 'genuine' refugees, resettled in Australia from camps and settlements abroad, and those arriving spontaneously in Australia by boat. They have done little to address the widespread misunderstandings in the Australian community about why people seek asylum, or to explain what the differences are between asylum seekers, refugees and migrants."
"Certain problematic notions about refugees and asylum seekers appear to have taken root in the Australian community. These have led a growing number of ordinary Australian - decent, kind and well-meaning people - to support tough 'border protection' measures, ostensibly designed to 'stop the boats' and 'save lives at sea'.
If you listen to our politicians or much of the media, you might well believe that asylum seekers are 'illegal'. You might think that asylum seekers pose a potential threat to our national security and that the government is right to keep them from our shores. Or you might take a humanitarian stance, believing that drastic immigration policies, although potentially harsh in effect, are necessary to deter asylum seekers from endangering their lives by taking risky boat journeys to Australia.
However logic these conclusions might seem, the problem is they are based on flawed understandings. Successive governments (aided by much of the media) have exploited public anxieties about border security to create a rhetorical - and, ultimately, legislative - divide between the rights of so-called 'genuine' refugees, resettled in Australia from camps and settlements abroad, and those arriving spontaneously in Australia by boat. They have done little to address the widespread misunderstandings in the Australian community about why people seek asylum, or to explain what the differences are between asylum seekers, refugees and migrants."
May 26, 2022
honestly should be mandatory reading for everyone in australia. so perfectly written, really straightforward and unlike lots of other academic texts. only read if u want to hate all australian governments/pms dating back to paul keating !!! :)
January 27, 2018
A clear and factual look at a frequently misunderstood subject. If only every Australian (especially politicians) would read this!
May 21, 2018
Fantastic. Should be required reading for all Australians.
April 5, 2019
Should be required reading in all Australian schools
October 26, 2020
A poignant and pressing read amidst 2020 and the current crisis that refugees are facing in Australia. Easy to read and understand.
March 9, 2015
There is no doubt the book is interesting but I think it lacks depth. The people reading the book are already converts you don't need to convince them that Australia has serious issues with how we treat asylum seekers.
I would have liked a little more exploration of the decisions of the High Court and the government's reactions. I feel like they were glossed over. I also felt it was slightly repetitive in parts.
It did however highlight the fact that terminology is a manipulative tool used by successive governments to convince the broader public there is an asylum seeker problem. The media have perpetrated this manipulation by also using that particular terminology thereby creating a culture of fear and ignorance.
I agree with some of the other reviews, as an introduction to the topic this should be mandatory reading in High School, unfortunately the government would never allow that because it would teach the younger generation that the government is not infallible. It might create thinking voters and the Liberal Party wouldn't want that.
I would have liked a little more exploration of the decisions of the High Court and the government's reactions. I feel like they were glossed over. I also felt it was slightly repetitive in parts.
It did however highlight the fact that terminology is a manipulative tool used by successive governments to convince the broader public there is an asylum seeker problem. The media have perpetrated this manipulation by also using that particular terminology thereby creating a culture of fear and ignorance.
I agree with some of the other reviews, as an introduction to the topic this should be mandatory reading in High School, unfortunately the government would never allow that because it would teach the younger generation that the government is not infallible. It might create thinking voters and the Liberal Party wouldn't want that.
July 6, 2015
Exceptional. An intricate yet straightforward exposition into why Australia's policies around refugees and asylum seekers as they currently stand are abhorrent. It helped me cement my own views, and to clarify some things I was unsure about. Hopefully now I'll be better equipped to participate in intelligent debate around this pertinent issue. If only Tony Abbott and Bill Shorten, and any other Australian who is satisfied with our inhumane approach to some of the world's most vulnerable and disadvantaged people would read this!
February 28, 2015
This is such a well rounded non emotive book of facts stats and easy to understand legal arguments against our nations stance on asylum seekers/refugees. If you want information that's not Pop media and political spin - download this!
March 9, 2015
Helpful to get the legal facts clearly laid out .
August 20, 2015
Easy to understand!
September 7, 2015
An up-to-date, concise and easy-to-understand analysis of refugee law in Australia and internationally.
December 28, 2022
An absolute 'must-read', especially for anyone who has voted Labor/Liberal/National/One Nation. Well written, clear, concise, factual. Essential reading.
Displaying 1 - 17 of 17 reviews