This book explores Australia's ambivalent legal and political response to "irregular" migration, including the unplanned arrival of people variously known as asylum seekers, "boat people," "illegals," and "economic migrants."

Part 1 outlines how many people arrive, who they are, where they come from, and why they come. It also compares Australia’s experience of irregular migration to that of other countries, in light of the vast global movements of people and increasingly exploitative practices such as people smuggling and people trafficking.

The core of the book addresses the complex system of refugee law and policy in Australia. It explains the legal definition of a "refugee" and the administrative and judicial procedures for applying this definition to determine refugee status. It traces the changes to law and policy since 2001, following the infamous Tampa affair, the introduction of the "Pacific Strategy," and, in 2006, the extension to West Papuans of the policy of interdicting, deflecting, and processing asylum seekers offshore on Nauru and Christmas Island.

The final part of this book examines equally controversial laws and policies requiring the mandatory detention of unlawful non-citizens. The key High Court decisions which confirmed the parliament’s power to detain a person indefinitely—and in breach of international human rights law—are included. The living conditions in the detention centres and how Australia’s laws compare with other countries are also discussed.

Future Seekers II builds on a shorter book by two of the authors in 2002. This book responds to the many changes to refugee and migration law between 2002 and 2006 and its deeper coverage of the issues reflects the growing sophistication of public understanding of—and concern about—refugee issues in Australia.

Table of Contents

PART ONE: AN OVERVIEW OF ASYLUM SEEKERS, REFUGES AND IRREGULAR MIGRATION IN AUSTRALIA
CHAPTER 1: Immigration, Refugees and Australian Nationhood
CHAPTER 2: Compassion and Common Sense: Refugees and Immigration Control
CHAPTER 3: The Essence of Control: Australia’s Experience of Irregular Migration and Asylum Seekers
CHAPTER 4: People Smuggling and People Trafficking

PART TWO: ASYLUM AND REFUGEE STATUS
CHAPTER 5: Seeking Asylum: Refugee Status Determination Procedures
CHAPTER 6: Who is a Refugee? The Refugee Definition and "Protection"
CHAPTER 7: Protecting Australia: Border Control and the Deflection of Asylum Seekers
CHAPTER 8: Refugee Outcomes: Temporary Protection, Permanent Settlement and Removal or Return

PART THREE: IMMIGRATION DETENTION
CHAPTER 9: Enforcing Australia’s Immigration Laws: Arrest, Detention and Removal
CHAPTER 10: Australia’s Mandatory Detention Regime: The Legal Issues
CHAPTER 11: Mandatory Detention: Conditions of Detention
CHAPTER 12: World's Best Practice: Asylum in Other Countries

PART FOUR: CONCLUSION
CHAPTER 13: Imagining the Future: Control and Compassion

Index

"Future Seekers II is the ideal book for the concerned citizen wanting to know if Australia now strikes the right balance between compassion and national interest in our treatment of asylum seekers arriving without visas. Like its predecessor Future Seekers, this book is user friendly with chapter summaries of key points and statistics which put Australia’s concerns and responsibilities in a global context. Written by legal academics able to communicate with a broad public, this book provides a comprehensive, reliable over­view of Australian law and policy."

- Fr. Frank Brennan SJ AO