Immigration Amnesties in Australia: Lessons for Law Reform from Past Campaigns

Dehm, S; Vogl, A

Immigration Amnesties in Australia: Lessons for Law Reform from Past Campaigns

Dehm, S

Vogl, A

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Publication Type:: Journal Article
Citation:: Sydney Law Review, 2022, 44, (3), pp. 381-414
Issue Date:: 2022-09-01

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Field	Value	Language
dc.contributor.author	Dehm, S https://orcid.org/0000-0002-5504-4639
dc.contributor.author	Vogl, A https://orcid.org/0000-0001-6327-0524
dc.date.accessioned	2023-01-13T05:13:57Z
dc.date.available	2023-01-13T05:13:57Z
dc.date.issued	2022-09-01
dc.identifier.citation	Sydney Law Review, 2022, 44, (3), pp. 381-414
dc.identifier.issn	0082-0512
dc.identifier.issn	1444-9528
dc.identifier.uri	http://hdl.handle.net/10453/164968
dc.description.abstract	In the wake of the COVID-19 pandemic, there have been growing calls to regularise the status of the over 64,000 undocumented people currently living in Australia without regular immigration status. Australia has previously had three legal immigration amnesties in 1974, 1976 and 1980. Yet, the history of these amnesties is little known. This article draws on newly-released and previously unexamined historical materials, including archival government documents and contemporaneous jurisprudence, to present an original account of Australia’s three past immigration amnesties as novel moments of executive power and decision-making in the realm of migration law. In doing so, it analyses their legislative context, their implementation and effectiveness in practice, and their legal legacies. Finally, the article addresses the lessons of these past immigration amnesties for current law reform and regularisation efforts, and for Australian migration law today.
dc.language	en
dc.relation.ispartof	Sydney Law Review
dc.rights	info:eu-repo/semantics/openAccess
dc.subject	1801 Law
dc.title	Immigration Amnesties in Australia: Lessons for Law Reform from Past Campaigns
dc.type	Journal Article
utslib.citation.volume	44
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access	*
dc.date.updated	2023-01-13T05:13:56Z
pubs.issue	3
pubs.publication-status	Published
pubs.volume	44
utslib.citation.issue	3

Abstract:

In the wake of the COVID-19 pandemic, there have been growing calls to regularise the status of the over 64,000 undocumented people currently living in Australia without regular immigration status. Australia has previously had three legal immigration amnesties in 1974, 1976 and 1980. Yet, the history of these amnesties is little known. This article draws on newly-released and previously unexamined historical materials, including archival government documents and contemporaneous jurisprudence, to present an original account of Australia’s three past immigration amnesties as novel moments of executive power and decision-making in the realm of migration law. In doing so, it analyses their legislative context, their implementation and effectiveness in practice, and their legal legacies. Finally, the article addresses the lessons of these past immigration amnesties for current law reform and regularisation efforts, and for Australian migration law today.

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http://hdl.handle.net/10453/164968