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Detention Of Australia’S Asylum Seekers In Nauru: Is Deprivation Of Liberty By Any Other Name Just As Unlawful?, Azadeh Dastyari
Detention Of Australia’S Asylum Seekers In Nauru: Is Deprivation Of Liberty By Any Other Name Just As Unlawful?, Azadeh Dastyari
Azadeh Dastyari
This article will examine the detention of Australia’s asylum seekers in Nauru. In particular, this article will assess the conformity of the 2013 MOU between Australia and Nauru with the protections against unlawful deprivation of liberty under the Constitution of Nauru and the protections against arbitrary detention afforded to asylum seekers under international law.
The article will begin by discussing the transfer of asylum seekers by Australia to Nauru and the legality of this arrangement under Australian municipal law. The article will then discuss the arrangements for asylum seekers once they are in Nauru. It will demonstrate that the confinement …