Overview

As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.

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9781108441414

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Reviews

Advance praise: 'Ghezelbash has written the definitive account of how ideas about controlling asylum seekers spread across countries and the effects of that diffusion. Refuge Lost is a cautionary tale showing that policies created behind the scenes and carried out in secrecy are undermining the protection of those vulnerable to violence.' David Scott FitzGerald, University of California Advance praise: 'This book explores a significant and somewhat overlooked dark side of transnational cooperation, namely how states take inspiration from each other when designing ever-more draconian responses to block and deter refugees from accessing their territories. In this path-breaking and innovative study, Daniel Ghezelbash develops a sophisticated framework for understanding immigration policy transfers and the troubling implications of this kind of state practice for international refugee law.' Thomas Gammeltoft-Hansen, Raoul Wallenber Institute of Human Rights and Humanitarian Law and Aarhus University, Denmark Advance praise: 'Refuge Lost addresses an issue of great contemporary significance to domestic policy makers and legislators and to the international community as a whole, namely the 'transfer' of restrictive immigration policies between jurisdictions. By combining a sophisticated theoretical framework and innovative methodology this book makes a significant contribution to our understanding of the process behind such policy transfers in recent years. I highly recommend this book to scholars, students, decision-makers, policy-makers, and all those interested in understanding in greater depth the limits and challenges to upholding principles of refugee protection today.' Michelle Foster, University of Melbourne Advance praise: 'This is a really excellent book on a very topical theme. More aggressive measures to repel and control the movement of asylum seekers and migrants are becoming common. These include long-term detention, offshore processing and maritime interdiction. The United States and Australia provided the test-bed for these practices which, in many cases, contravene international law. The author demonstrates with great clarity, balance and commitment the ways in which these interventions have been possible in mature democracies with apparently strong legal systems. Its analysis of the concept of legal transfers provide deeper foundations for the excellent examination of the relevant case-law. I recommend the book highly.' Daniel Wilsher, City, University of London

Ghezelbash has written the definitive account of how ideas about controlling asylum seekers spread across countries and the effects of that diffusion. Refuge Lost is a cautionary tale showing that policies created behind the scenes and carried out in secrecy are undermining the protection of those vulnerable to violence. David Scott FitzGerald, University of California This is a really excellent book on a very topical theme. More aggressive measures to repel and control the movement of asylum-seekers and migrants are becoming common. These include long-term detention, offshore processing and maritime interdiction. The United States and Australia provided the test-bed for these practices which, in many cases, contravene international law. The author demonstrates with great clarity, balance and commitment the ways in which these interventions have been possible in mature democracies with apparently strong legal systems. Its analysis of the concept of legal transfers provide deeper foundations for the excellent examination of the relevant case-law. I recommend the book highly. Daniel Wilsher, City, University of London

Author Information

Daniel Ghezelbash is a senior lecturer at Macquarie Law School, Sydney, Australia, where he teaches and researches in the areas of refugee and immigration law, human rights and administrative law. He is a practicing refugee lawyer and the director and founder of the Macquarie University Social Justice Law Clinic.

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