Immigration Detention and Habeas Corpus

Habeas Corpus and Due Process

The writ of habeas corpus and the right to due process have long been linked together, but their relationship has never been more unsettled or important. Following the September 11, 2001 attacks, the United States detained hundreds of suspected terrorists who later brought legal challenges using the writ. In the first of the landmark Supreme Court cases addressing those detentions, Hamdi v. Rum...

Immigration detention and health.

ike all rich nations, Australia has experienced an increase in people crossing its national borders without the documents authorising them to do so. Since 1992, Australia has had a policy of mandatory detention for these people. About a third of the people in immigration detention are asylum seekers who are requesting sanctuary under the 1951 United Nations Convention Relating to the Status of ...

Habeas Corpus: Requirement of Exhaustion of State Remedies before Issuance of Writ Limited to State of Detention

Living with Uncertainty: Indefinite Immigration Detention

Immigration detention is a central tenet of the British government’s response to immigration but remains under-theorised in academia. This article uses testimonies drawn from anthropological research conducted with detainees at an Immigration Removal Centre to examine lived experiences of immigration detention and explore the relationships between detainees and the British state. It suggests th...

Should doctors boycott working in Australia's immigration detention centres?

In The BMJ this week, two experts debate whether doctors should boycott working in Australia's immigration detention centres. Dr David Berger at Broome Hospital in Western Australia, argues that however compassionate their intentions, " doctors who treat people who have been tortured and then acquiesce in the continuation of torture themselves are supporting torture. " On the other hand, Profes...