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Winning the debate on asylum seekers : Comments
By Kellie Tranter, published 18/6/2014Would any Australian seriously contest the closure of offshore detention centres if the money this saved was immediately redirected and equally distributed among pensioners, single parents, the disadvantaged and to improve education and health?
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Finding the cases is bit of an art in itself, which is why a special caste of law librarians have been bred up since the Middle Ages, complete with cowls, cassocks, and fusty looks.
austlii has the High Court judgments, for example:
http://www.austlii.edu.au/au/cases/cth/HCA/
The leading case, where the High Court first considered the correct interpretation of the Convention, was Chan's case:
Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 at para. 11
http://www.austlii.edu.au/au/cases/cth/HCA/1989/62.html
This is foundational. It set down the standard of proof, which means you can't find it in the Convention - you have to look Chan's case.
The Australian common law of refugee status then comprises all the decided cases of the Federal, Full Federal and High Courts, of which there are zillions. You can see lots of refugee cases here:
http://www.austlii.edu.au/au/cases/cth/HCA/toc-M.html
because the Minister of Immigration has been named as the plaintiff, so it's alphabetically under M.
But of course there's all the other ones where the refugee was the plaintiff, so there's all the Chans, the Wu Shan Liang's, and so on.
Then the Migration Act was amended so refugees names are anonymized, so you get cases with names like SZGJV. It's great.