Refugees - Two Lifetimes in One
AbstractThe author argues that the Australian position regarding incorporation of international treaties concerning refugees is unsatisfactory. The paper also looks at the implications of citizenship and non-citizen rights from two angles. Firstly as a basis for democratic theory and judicial review and secondly as a footing for exclusion of non-citizens, of which refugees are a significant sub-set. The location and construction of the refugee is a product of particular visions of the democracy, state and citizenship. The author suggests that there is a need to incorporate a view of citizenship, which is concerned with the rights of individuals within the community, no matter what their formal citizenship status. Only then may we see different and effective answers evolve in refugee law. |